CHAPTER 103
Public Meetings
103.01   Purpose; interpretation.
103.02   Definitions.
103.03   Public meetings; minutes.
103.04   Executive sessions.
103.05   Public notification.
103.06   Personal notification.
103.07   Minutes of meetings.
103.08   Compliance.
103.09   Severability.
   103.01 PURPOSE; INTERPRETATION.
   Pursuant to Article 1 of the Village Charter, this Council hereby establishes measures to ensure public access to all meetings of the Council and such other public bodies as the Council may determine, except for executive sessions from which the public is excluded. Executive sessions may be authorized by Council for such purposes and in such manner as prescribed herein.
   This chapter shall be liberally construed to require all public officials to take official action and to conduct deliberations upon official business only in public meetings that meet the requirements of this Chapter, unless the subject matter is specifically excepted as provided in this chapter. (Ord. 2021-31. Passed 7-14-21.)
   103.02 DEFINITIONS.
   As used in this chapter, certain terms are defined as follows:
   (a)   "Attendance" shall mean that each public body may permit its members to attend its public meetings or hearings in-person, virtually, or a combination of the two. The following shall apply if any or all of the members are permitted to attend virtually:
      (1)   Each member attending virtually shall be considered present as if the member is in-person at the public meeting or hearing, shall be permitted to vote, and shall be counted for purposes of determining whether a quorum is present at the public meeting or hearing;
      (2)   Any vote on a resolution, ordinance or formal action of any kind cast by a member attending virtually shall have the same effect as if member is in-person at the public meeting or hearing; and
      (3)   The public body shall ensure that the public can observe and hear the discussions and deliberations of all the members of the public body, whether members are attending in-person or virtually.
   (b)   "Council" shall have the same meaning as defined in Section 101.02(d).
   (c)   "Electronically" means by way of electronic equipment or devices, including but not limited to, live-streaming by means of internet, local radio, television, cable public access channels; call in information for a teleconference; or by means of any other similar electronic technology.
   (d)   "Formal action" means:
      (1)   A vote resulting in the enactment, defeat or other disposition of legislation proposed and pending before the public body;
      (2)   The adoption of a rule or recommendation as to matters submitted to or considered by the public body as part of its normal or designated functions;
      (3)   The approval of appointments by the public body where such approval is required.
   (e)   "Meeting" means any prearranged discussion of the public business of the public body by a majority of its members, at a set time and place, where formal action is or may be taken.
   (f)   "Open to the public" means that a public meeting, or hearing conducted in-person, electronically, virtually, or any combination thereof, to which the public has access to the deliberations and official actions of the public body.
   (g)   "Public body" includes Village Council and boards, commissions, and committees established under the Charter or the Codified Ordinances of Highland Hills, Ohio, 1991.
   (h)   "Virtually" means by way of teleconference, video conference, or any other similar electronic technology.
      (Ord. 2021-31. Passed 7-14-21.)
   103.03 PUBLIC MEETINGS; MINUTES.
   (a)   All meetings of public bodies shall be open to the public except for executive sessions from which the public is excluded. Nothing herein contained shall mandate that any public body permit public participation in its meetings.
   (b)   The term "place" as used in this Chapter with regard to any public meeting or hearing shall include an in-person location or a meeting or hearing held entirely or in-part electronically, as long as such meeting or hearing is held in compliance with this section.
   (c)   Meetings and hearings of any public body may be held, and members may attend meetings and may conduct and attend hearings of any public body, in-person, and/or by means of teleconference, video conference, or any other similar electronic technology, or any combination of in-person and electronic technology. Each public body may establish rules of conduct for the meetings and hearings of such public body, as long as such rules are in compliance with this Chapter.
 
   (d)   Any resolution, ordinance, rule, decision or other formal action of any kind made or taken during any meeting or hearing conducted entirely or in-part with members attending, participating, and voting by electronic technology, shall have the same effect as if it had occurred during an in-person meeting or hearing of the public body.
   (e)   Members of a public body who attend meetings or hearings by means of teleconference, video conference, or any other similar electronic technology, shall be considered present as if in-person at the meeting or hearing, shall be permitted to vote, and shall be counted for purposes of determining whether a quorum is present at the meeting or hearing.
   (f)   Notice of any meeting or hearing conducted entirely or in-part with members attending, participating, and voting by electronic technology, shall be provided as required by Sections 103.05 and 103.06 of this Chapter.
   (g)   Public access must be provided to any public meeting or hearing as required by Section 103.03(a) of this Chapter. If no in-person access to the public for a particular public meeting is feasible due to health or safety concerns, or if any member of a public body is permitted to attend, participate and vote at a public meeting or hearing by electronic technology, then public access shall be provided to the public by electronic technology during such meeting or hearing.
   (h)   The Village may determine the method of attendance and participation, if permitted, by the public through electronic technology, and such method need not be the same as the method of electronic technology used by a member of the public body to attend, participate and vote at such meeting. The methods of electronic technology allowing attendance and/or participation by the public may include, but are not limited to, live-streaming by means of the internet, local radio, television, cable, or public access channels, call in information for a teleconference, or by means of any other similar electronic technology. When the public is allowed to attend and/or participate electronically, the public body shall ensure that the public can observe and hear the discussions and deliberations of all the members of the public body, whether the member is participating in person or electronically.
   (i)   This section does not require that members of the public wishing to attend an entirely in-person meeting or hearing must be given access by electronic technology, even if in-person access by the public is limited by health or safety concerns, or any law or regulation.
   (j)   The authority granted in this section applies notwithstanding any conflicting provision of the Codified Ordinances. Nothing in this section shall be construed to negate any other provision of this Chapter that is not in conflict with this section.
   (k)   All public meetings (excluding caucus meetings and quasi-judicial deliberative sessions) of the Planning Commission, Board of Zoning Appeals, City Council and its related committees, boards, commissions, and/or task forces shall be recorded in their entirety via audio or other electronic means. Said recordings shall be kept on file for a period of not less than two years by that public office which is responsible for the records of said public body. Any meeting that is unable to be recorded due to mechanical or equipment malfunctions or operator error will not be deemed as a violation of this provision. Regardless of the existence of recordings, the written, approved and adopted minutes of any such meeting shall be the official record of that particular meeting. (Ord. 2021-31. Passed 7-14-21.)
   103.04 EXECUTIVE SESSIONS.
   (a)   The members of a public body may hold an executive session, from which the public is excluded, for any of the following purposes:
      (1)   Personnel matters, including the appointment, employment, dismissal, discipline, promotion, demotion or compensation of one or more public employees or officials;
      (2)   Purchase, sale or the development of real property where premature disclosure of information would give an unfair competitive or bargaining advantage to a person, or otherwise adversely affect the general public interest;
      (3)   Imminent or pending litigation;
      (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;
      (7)   The employment of, or discussions with, legal counsel or professional consultants or concerning reports or proposals submitted by such counsel or consultants;
      (8)   Council retreats.
   (b)   An executive session may be held upon the determination by a majority of a quorum of the public body, by a roll call vote, to hold such a session, setting forth the general purpose or purposes for which such session will be held.
   (c)   All formal action of a public body, such as the enactment of legislation or the adoption of rules or recommendations, shall be taken in an open meeting.
   (d)   All executive sessions, and the reasons therefor, shall be noted in the minutes of the public body. (Ord. 2021-31. Passed 7-14-21.)
   103.05 PUBLIC NOTIFICATION.
   (a)   Regular Meetings. The time and place of all regular meetings of public bodies shall be noted in a calendar of monthly meetings. This calendar shall be posted publicly in any manner that provides the public with easy and wide access, as determined by the Clerk of Council, which may include, but is not limited to, on the Internet and social media, and in paper form at the Village Hall.
   (b)   Special Meetings. Prior notification of a meeting of a public body which is not otherwise noted on the monthly calendar shall be made to any news media requesting such notification and, except in the case of an emergency, shall be given at least twenty-four hours prior to the time of such meeting. Such notification shall include the time, place and purpose of the special meeting, and may be communicated in the same manner as regular meetings, taking into account the necessity of alerting the public and news media more rapidly than for regular meetings. Such notification shall not preclude the public body from discussing or acting upon matters in addition to the matter for which the special meeting was called.
    (c)    Emergency Meetings. No emergency meeting shall be held by any public body unless a reasonable attempt has been made to give immediate notification to the news media that have requested notification of the time, place and purpose of the meeting.
(Ord. 2021-31. Passed 7-14-21.)
   103.06 PERSONAL NOTIFICATION.
   (a)   Notice of the calendar of monthly meetings shall be provided to any person, organization or group of persons that makes such a request . Notification shall be by electronic mail, unless notice by regular mail is requested. Requests for this notice, and a request for notice by regular mail, shall be made to the Clerk of Council. It is the responsibility of the person or entity requesting such notice to maintain a valid electronic mail and/or regular mailing address.
   (b)   Advance notice of regular and special meetings of any public body shall be provided to any person, organization or group of persons that makes such a request. Such notice shall be given as provided in Section 103.05(b), except that regular mail notice to a person or entity that has requested such form of notice shall be made of a special meeting only if notice of the meeting under Section 103.05(b) is made at least forty-eight hours prior to the meeting. It is the responsibility of the person or entity requesting such notice to maintain a valid electronic mail and/or regular mailing address. (Ord. 2021-31. Passed 7-14-21.)
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