TITLE 1: GOVERNMENT
DIVISION 9: MISCELLANEOUS PROVISIONS
§ 9915. Violations: Personal Liability Penalty; Attorney Fees and Costs. (a) Each member of the governing body who attends a meeting of such governing body where action is taken in violation of any provision of this chapter applicable to him or her, with knowledge of the fact that the meeting is in violation thereof, shall be subject to personal liability in the form of a civil penalty in the amount of $100 for the first offense and $1,000 for subsequent offenses. The civil penalty shall be assessed by a judge of the Commonwealth Superior Court and an action to enforce this penalty may be brought by any person. A violation of this chapter does not constitute a crime and assessment of the civil penalty by a judge shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. (b) Any person who prevails against a public agency in any action of the courts for a violation of this chapter shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action. Any public agency which prevails in any action in the courts for a violation of this chapter may be awarded reasonable expenses and attorney fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause. Source: PL 8-41, § 16.