107.01 PUBLIC MEETINGS; EXCEPTIONS.

   (a)    This section shall be liberally construed to require public officials to take official action and to conduct all deliberations upon official business only in open meetings, unless the subject matter is specifically excepted by law.

   (b)    As used in this section:

      (1)    "Public body" means any board, commission, committee, or similar decision-making body of the City.

      (2)    "Meeting" means any prearranged discussion of the public business of the public body by a majority of its members.

      (3)    "Regulated individual" means:

         A.    Any student in a state or local public educational institution;

         B.    Any person who is, voluntarily or involuntarily, an inmate, patient, or resident of a state or local institution because of criminal behavior, mental illness or retardation, disease, disability, age, or other condition requiring custodial care.

   (c)    All meetings of any public body are declared to be public meetings open to the public at all times.

   The minutes of a regular or special meeting of any such Public Body shall be promptly recorded and open to public inspection. The minutes need only reflect the general subject matter of discussions in executive sessions authorized under division (e) of this section.

   (d)    Every public body shall by rule, establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings. A public body shall not hold a special meeting unless it gives at least twenty-four hours advance notice to the news media that have requested notification, except in the event of an emergency requiring immediate official action, in the event of an emergency, the member or members calling the meeting shall notify the news media that have requested notification immediately of the time, place and purpose of the meeting.

   The rule shall provide that any person may, upon request and payment of a reasonable fee, obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed. Provisions for advance notification may include, but are not limited to, mailing the agenda of meetings to all subscribers on a mailing list or mailing notices in self-addressed stamped envelopes provided by the person.

   (e)    The members of a public body may hold an executive session only at a regular meeting for the sole purpose of the consideration of any of the following matters:

      (1)    Unless the public employee, official, licensee, or regulated individual requests a public hearing, to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, except as otherwise provided by law, no public body shall hold an executive session for the discipline of an elected official for conduct related to the performance of his official duties or for his removal from office.

      (2)    To consider the purchase of property for public purposes, or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. No member shall use this division as a subterfuge for providing covert information to prospective buyers or sellers. A purchase or sale of public property is void if the seller or buyer of the public property has received covert information from a member that has not been disclosed to the general public in sufficient time for other prospective buyers and sellers to prepare and submit offers.

      If the minutes of the public body show that all meetings and deliberations of the public body have been conducted in compliance with this section, any instrument executed by the public body purporting to convey, lease, or otherwise dispose of any right, title or interest in any. public property shall be conclusively presumed to have been executed in compliance with this section insofar as title or other interest of any bona fide purchasers, lessees, or transferees of the property is concerned.

      (3)    Conferences with an attorney for the public body, concerning disputes involving the public body that are the subject of pending or imminent court action;

      (4)    Preparing for, conducting or reviewing negotiations or bargaining sessions, with public employees concerning their compensation or other terms and conditions of their employment;

      (5)    Matters required to be kept confidential by federal law or rules or state statutes;

      (6)    Specialized details of security arrangements where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law.

   (f)    A resolution, rule or formal action of any kind is invalid unless adopted in an open meeting of the public body. A resolution, rule or formal action adopted in an open meeting that results from deliberations in a meeting not open to the public is invalid unless the deliberations were for a purpose specifically authorized in division (e) of this Section and conducted at an executive session held in compliance with this section.

   Upon proof of a violation or threatened violation of this section in an action brought by any person, the Court of Common Pleas shall issue an injunction to compel the members of the public body to comply with its provisions.

   A member who knowingly violates an injunction issued pursuant to this division may be removed from office by an action brought in the Court of Common Pleas for that purpose by the Prosecuting Attorney or the Attorney General.
(Ord. 97-75. Passed 11-17-75.)