CHAPTER 208: OPEN MEETINGS
Section
208.01   Definitions.
208.02   Notice of regular and organizational meetings.
208.03   Notice of special meetings.
208.04   Notice to news media of special meetings.
208.05   Notification of discussion of specific types of public business.
208.06   General provisions.
Cross-reference:
   Council meetings to be open to public, see CHTR. §§ 5.09, 11.09
   Meetings of public bodies to be open, see Ohio R.C. 121.22
§ 208.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CLERK. The Clerk of Council.
   DAY. Calendar day.
   MEETING. Any prearranged discussion of the public business of the municipal body by a majority of the members of the municipal body.
   MUNICIPAL BODY. Each of the following:
      (1)   Council;
      (2)   Board of Control;
      (3)   Board of Trustees of Public Affairs;
      (4)   Assessment Equalization Board;
      (5)   Planning Commission;
      (6)   Board of Building and Zoning Appeals;
      (7)   Civil Service Commission;
      (8)   Parks and Recreation Commission;
      (9)   Board of Health; and
      (10)   Committees of the above municipal bodies comprised of members of such bodies if such committees are comprised of a majority of the members of the main municipal body, or are decision-making committees.
   ORAL NOTIFICATION. Notification given orally either in person or by telephone, directly to the person for whom such notification is intended, or by leaving an oral message for such person at the address, or if by telephone at the telephone number, of such person as shown on the records kept by the Clerk of Council under this chapter.
   POST.
      (1)   To post in an area accessible to the public during the usual business hours at the office of the Clerk of Council and at the following locations:
         (a)   Barberton Municipal Building, 576 W. Park Avenue;
         (b)   Krinkle House, 534 Tuscarawas W.;
         (c)   United States Post Office, Barberton Branch, 531 Wooster Road W.;
         (d)   Central Fire Station, Wooster Road W.;
         (e)   West Side Fire Station, Twenty-fourth Street N.W.; and
         (f)   North End Fire Station, State Street.
      (2)   A notice identifying the locations at which notifications will be posted pursuant to this chapter shall be published by the Clerk of Council within ten calendar days after the adoption of this chapter.
   PUBLISHED. Published once in a newspaper having a general circulation in the city, as defined in Ohio R.C. 7.12, except that no portion of such newspaper need be printed in the city. If at the time of any such publication there is no such newspaper of general circulation, then such publication shall be in a newspaper then determined by the Clerk of Council to have the largest circulation in the city.
   SPECIAL MEETING. A meeting which is neither a regular meeting nor an adjournment of a regular or special meeting to another time or day to consider items specifically stated on the original agenda of such regular or special meeting.
   WRITTEN NOTIFICATION. Notification in writing mailed, telegraphed or delivered to the address of the person for whom such notification is intended as shown on the records kept by the Clerk of Council under this chapter, or in any way delivered to such person. If mailed, such notification shall be mailed by first-class mail, deposited in a U.S. Postal Service mailbox no later than the second day preceding the day of the meeting to which such notification refers; provided that, at least one regular mail delivery day falls between the day of mailing and the day of such meeting.
(Prior Code, § 208.01) (Ord. 467-75, passed 12-29-1975)
§ 208.02 NOTICE OF REGULAR AND ORGANIZATIONAL MEETINGS.
   (A)   The Clerk of Council shall post a statement of the time(s) and place(s) of regular meetings of each municipal body for each calendar year not later than the second day preceding the day of the first regular meeting (other than the organizational meeting) of the calendar year of that municipal body. The Clerk of Council shall check at reasonable intervals to ensure that such statement remains so posted during such calendar year. If, at any time during the calendar year, the time or place of regular meetings, or of any regular meetings, is changed on a permanent or temporary basis, a statement of the time and place of such changed regular meetings shall be so posted by the Clerk of Council at least 24 hours before the time of the first changed regular meeting.
   (B)   The Clerk of Council shall post a statement of the time and place of any organizational meeting of a municipal body at least 24 hours before the time of such organizational meeting.
   (C)   Upon the adjournment of any regular or special meeting to another day, the Clerk of Council shall promptly post notice of the time and place of such adjourned meeting.
   (D)   In addition to the posting of the statements as provided in divisions (A) and (B) above, the Clerk of Council shall cause to be published once a statement of the time(s) and place(s) of regular meetings for the calendar year of each municipal body, a statement of the time and place of any changed regular meetings, and a statement of the time and place of any organizational meeting of a municipal body. Such publication shall occur no later than the day preceding the day of the first such regular meeting of the calendar year, the day preceding the day of the first changed regular meeting, and the day preceding the day of any such organizational meeting, as the case may be.
(Prior Code, § 208.02) (Ord. 467-75, passed 12-29-1975)
§ 208.03 NOTICE OF SPECIAL MEETINGS.
   (A)   Except in the case of a special meeting referred to in § 208.04 of this chapter, the Clerk of Council shall, no later than 12 hours before the time of a special meeting of a municipal body, post a statement of the time, place and purposes of such special meeting.
   (B)   The statement under this section and the notifications under § 208.04 of this chapter shall state such specific or general purpose or purposes then known to the Clerk of Council to be intended to be considered at such special meeting and may state, as an additional general purpose, that any other business as may properly come before such municipal body at such meeting may be considered and acted upon.
   (C)   In addition to the posting of the statement as provided in division (A) above, the Clerk of Council shall cause to be published once, no later than 12 hours prior to the time of a special meeting of a municipal body, a statement of the time, place and purpose of such special meeting.
(Prior Code, § 208.03) (Ord. 467-75, passed 12-29-1975)
§ 208.04 NOTICE TO NEWS MEDIA OF SPECIAL MEETINGS.
   (A)   (1)   Any news medium organization that desires to be given advance notification of special meetings of a municipal body shall file with the Clerk of Council a written request therefor, on a standard form to be provided by the Clerk of Council.
      (2)   Except in the event of an emergency requiring immediate official action as referred to in division (D) below, a special meeting shall not be held unless at least 24 hours’ advance notice of the time, place and purposes of such special meeting is given to the news media that have requested such advance notification in accordance with division (B) below.
   (B)   (1)   News media requests for such advance notification of special meetings shall specify:
         (a)   The municipal body that is the subject of such request;
         (b)   The name of the medium;
         (c)   The name and address of the person to whom written notifications to the medium may be mailed, telegraphed or delivered;
         (d)   The names, addresses and telephone numbers (including addresses and telephone numbers at which notifications may be given either during or outside of business hours) of at least two persons to either one of whom oral notifications to the medium may be given; and
         (e)   At least one telephone number which the request identifies as being manned, and which can be called at any hour for the purpose of giving oral notification to such medium.
      (2)   Any such request shall be effective for six months from the date of filing with the Clerk of Council or until the Clerk of Council receives written notice from such medium canceling or modifying such request, whichever is earlier. Each requesting news medium shall be informed of such period of effectiveness at the time it files its request. Such requests may be modified or extended only by filing a complete new request with the Clerk of Council. A request shall not be deemed to be made unless it is complete in all respects, and such request may be conclusively relied on by the city, the municipal body that is the subject of such request and the Clerk of Council.
   (C)   The Clerk of Council shall give such oral notification or written notification, or both, as the Clerk of Council determines, to the news media that have requested such advance notification in accordance with division (B) above, of the time, place and purposes of each special meeting, at least 24 hours prior to the time of such special meeting.
   (D)   In the event of an emergency requiring immediate official action, a special meeting may be held without giving 24 hours’ advance notification thereof to the requesting news media. The persons calling such meeting, or any one or more of such persons or the Clerk of Council on their behalf, shall immediately give oral notification or written notification, or both, as the persons giving such notification determine, of the time, place and purposes of such special meeting to such news media that have requested advance notification in accordance with division (B) above. The minutes or the call, or both, of any such special meeting shall state the general nature of the emergency requiring immediate official action.
(Prior Code, § 208.04) (Ord. 467-75, passed 12-29-1975)
§ 208.05 NOTIFICATION OF DISCUSSION OF SPECIFIC TYPES OF PUBLIC BUSINESS.
   (A)   (1)   Any person, upon written request and as provided herein, may obtain reasonable advance notification of all meetings at which any specific type of public business is scheduled to be discussed. Such person may file a written request with the Clerk of Council specifying:
         (a)   The person’s name, and the address(es) and the telephone number(s) at or through which the person can be reached during and outside of business hours;
         (b)   The specific type of public business the discussion of which the person is requesting advance notification;
         (c)   The municipal body that is the subject of such request; and
         (d)   The number of calendar months, not to exceed six, which the request covers. Such request may be canceled by request from such person to the Clerk of Council.
      (2)   Each such written request shall be accompanied by stamped self-addressed envelopes sufficient in number to cover the number of regular meetings during the time period covered by the request and an estimated number of special meetings. The Clerk of Council shall notify in writing the requesting person when the supply of envelopes is running out, and if the person desires notification after such supply has run out, such person must deliver to the Clerk of Council an additional reasonable number of stamped self-addressed envelopes as a condition to receiving further notification.
      (3)   Such requests may be modified or extended only by filing a complete new request with the Clerk of Council. A request shall not be deemed to be made unless it is complete in all respects, and such request may be conclusively relied on by the city, municipal body that is the subject of such request and the Clerk of Council.
   (B)   (1)   The Clerk of Council shall, if possible, give such advance notification under this section by written notification. If such written notification cannot be given or has not been given, the Clerk of Council shall give oral notification.
      (2)   The contents of written notification under this division (B) may be a copy of the agenda of the meeting. Written notification hereunder may be accomplished by giving advance written notification, by copies of the agenda, of all meetings of the municipal body that is the subject of such request.
(Prior Code, § 208.05) (Ord. 467-75, passed 12-29-1975)
§ 208.06 GENERAL PROVISIONS.
   (A)   Any person may visit or telephone the office of the Clerk of Council during that office’s regular office hours to determine, based on information available at that office: the time and place of regular meetings; the time, place and purposes of any then known special meetings; and whether the available agenda of any such future meeting states that any specific type of public business, identified by such person, is to be discussed at such meeting.
   (B)   Any notification provided herein to be given by the Clerk of Council may be given by any person acting in behalf of or under the authority of the Clerk of Council.
   (C)   A reasonable attempt at notification shall constitute notification in compliance with this chapter.
   (D)   A certificate by the Clerk of Council as to compliance with this chapter shall be conclusive upon the city and the municipal body involved.
   (E)   To better ensure compliance with this chapter as to notice and notification, it shall be the responsibility of the chairman or secretary of a municipal body other than Council, or the person or persons calling the meetings, to timely advise the Clerk of Council of future meetings, and the subject matters to be discussed thereat, of such municipal body.
(Prior Code, § 208.06) (Ord. 467-75, passed 12-29-1975)