§ 37.13 EXCEPTIONS TO CHAPTER.
   Except as provided in division (F)(3) of this section, the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold such a session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters:
   (A)   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 unless the public employee, official, licensee, or regulated individual requests a public hearing. 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 or her official duties or for his or her removal from office. If a public body holds an executive session pursuant to this division (A) the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in this division (A) are the purposes for which the executive session is to be held, but need not include the name of any person to be considered at the meeting;
   (B)   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.
      (1)   No member of a public body shall use this division (B) 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 of a public body that has not been disclosed to the general public in sufficient time for other prospective buyers and sellers to prepare and submit offers.
      (2)   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 the title or other interest of any bona fide purchasers, lessees, or transferees of the property is concerned.
   (C)   Conferences with an attorney for the public body, concerning disputes involving the public body that are the subject of pending or imminent court action;
   (D)   Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment;
   (E)   Matters required to be kept confidential by federal law or regulations or state statutes; and
   (F)   (1)   Details relative to the security arrangements and emergency response protocols for a public body or a public office, if disclosure of the matters discussed could reasonably be expected to jeopardize the security of the public body or public office.
      (2)   In the case of a county hospital operated pursuant to R.C. Chapter 339, a joint township hospital operated pursuant to R.C. Chapter 513, or a municipal hospital operated pursuant to R.C. Chapter 749, to consider trade secrets, as defined in R.C. § 1333.61;
      (3)   To consider confidential information related to the marketing plans, specific business strategy, production techniques, trade secrets, or personal financial statements of an applicant for economic development assistance, or to negotiations with other political subdivisions respecting requests for economic development assistance, provided that both of the following conditions apply:
         (a)   The information is directly related to a request for economic development assistance that is to be provided or administered under any provision of R.C. Chapter 715, 725, 1724, or 1728 or R.C. §§ 701.07, 3735.67 to 3735.70, 5709.40 to 5709.43, 5709.61 to 5709.69, 5709.73 to 5709.75, or 5709.77 to 5709.81, or that involves public infrastructure improvements or the extension of utility services that are directly related to an economic development project; and
         (b)   A unanimous quorum of the public body determines, by a roll call vote, that the executive session is necessary to protect the interests of the applicant or the possible investment or expenditure of public funds to be made in connection with the economic development project.
      (4)   If a public body holds an executive session to consider any of the matters listed in divisions (B) through (F), the motion and vote to hold that executive session shall state which one or more of the approved matters listed in those divisions are to be considered at the executive session.
      (5)   A public body specified in R.C. § 121.22(B)(1)(c) shall not hold an executive session when meeting for the purposes specified in that division.
(R.C. § 121.22(G)) (1982 Code, § 36.13)