Civil suit filed against Village of Mt. Orab

A civil suit was filed by the State of Ohio, ex relator Christopher R. Hicks, against the Village of Mt. Orab Council in the Brown County Court of Common Pleas on Feb. 6.

The civil suit filed is in relation to the appointment of a new council member during the Feb. 3 regular council meeting, claiming council member Shane Ogden made an “improper motion to go into executive session” to discuss the appointment of a council member to fill an open council seat, a violation of the Ohio Sunshine Act. According to the complaint filed, when making the motion to go into executive session, Ogden did not state an approved purpose for entering into executive session, which is required under Ohio law. The complaint also alleges that no proper roll call was made by anyone running the meeting while taking a vote to enter executive session. According to the complaint filed, “random council members said, “Yay.”

Mt. Orab council member Eric Lang recused himself from the executive session to appoint a new council member to an empty seat.

After retiring into executive session for approximately seven minutes, and then returning to regular session, council voted in favor of appointing Carl Vineyard as a council member to fill the empty seat. According to the complaint, a proper roll call was not taken during the vote to appoint Vineyard to council. According to the complaint filed, “random ‘yays’ were stated from various council members while voting to appoint Vineyard.

Vineyard was then sworn into office by Mt. Orab Mayor Joe Howser, and the meeting carried on with Vineyard sitting in as a council member.

According to the complaint filed, the improper and incomplete call for executive session by Mt. Orab Village Council and resulting action that resulted in the Vineyard’s appointment to council is invalid by Ohio law.

The civil suit claims that, as a result of the improper and incomplete call for executive session by Mt. Orab Village Council, the following actions taken during the meeting are invalid by law: the resignation of Tyler Spitznagel as lieutenant of the fire department, Police Chief Hahn to fill the vacancy of the Mt. Orab Middle School Resource Officer as long as Superintendent White gives him approval to do so, to approve the termination of Josh Chambers, and for Chief Hahn to have the authority to fill another full-time position.

The civil suit goes on to state: “Wherefore, relator Christopher R. Hicks, on behalf of and on relation to the State of Ohio, hereby prays and requests the Court:

A. Issue a judgment in his favor and against the Respondents Village of Mount Orab Council, Mayor Howser, Ogden, Council member Waits, Council member Howell, Council member Cordrey, Council member Lang, and purported Council member Vineyard; and

B. Issue a declaratory judgment on the invalidity of the appointment of Carl Vineyard as Council member of the Village of Mount Orab at their regular meeting held on February 3, 2026; and

C. Issue a declaratory judgment on the invalidity of the following actions at the February 3, 2026 Council meeting: the resignation of Tyler Spitznagel as lieutenant of the fire department, Police Chief Hahn to fill the vacancy of the Mt. Orab Middle School Resource Officer as long as Superintendent White gives him approval to do so, to approve the termination of Josh Chambers, and for Chief Hahn to have the authority to fill another full-time position; and

D. Issue and injunction compelling Respondents the Village of Mount Orab Council, Mayor Howser, Council member Ogden, Council member Waits, Council member Howell, Council member Cordrey, Council member Lang, and purported Council member Vineyard to comply with all provisions of R.C. 121.22 – the Ohio Open Meetings Act; and

D. Issue an injunction compelling Respondents the Village of Mount Orab Council, Mayor Howser, Council member Ogden, Council member Waits, Council member Howell, Council member Cordrey, Council member Lang, and purported Council member Vineyard to correct its unlawful actions; and

E. Award Relator a civil forfeiture of one thousand dollars, all court costs, and pursuant to R.C. 121.22(I)(2)(a).

F. Grant Relator Hicks such other relief to which he may be entitled to law or in equity.“