109.01 Scope.
109.02 Definitions.
109.03 Notice of regular and organizational meetings.
109.04 Notice of special meetings.
109.05 Notice to news media of special meetings.
109.06 Notification of discussion of specific types of public business.
109.07 General.
CROSS REFERENCES
Open meetings - see CHTR. 2.05
State law provisions - see Ohio R.C. 121.22
This chapter is enacted for the purposes of:
(a) Establishing a reasonable method for any person to determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings;
(b) Making provisions for giving advance notice of special meetings to the news media that have requested notification; and
(c) Making provisions for persons to request and obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed. The rules apply to each municipal body of this City and are in addition to any applicable legal requirements as to notices to members of a municipal body or to others in connection with specific meetings or specific subject matters.
(Res. 1975-44. Passed 12-9-75.)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Clerk” means the Clerk of Council.
(b) “Day” means calendar day.
(c) “Meeting” means any prearranged discussion of the public business of the municipal body by a majority of the members of the municipal body.
(ORC 121.22 (B)(2))
(d) “Municipal body” means each of the following bodies listed below and committees of those municipal bodies comprised of a majority of the members of the main municipal body, or are decision making committees.
(1) Council.
(2) Planning and Zoning Commission.
(3) Boards of Building and Zoning Appeals.
(4) Civil Service Commission.
(5) Assessment Equalization Boards.
(6) Recreation Board.
(7) Any other municipal boards, committees, or commissions.
(e) “Oral notification” means 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 the person as shown on the records kept by the Clerk under this chapter.
(f) “Post” means to post in an area accessible to the public during the usual business hours on the bulletin board on which public notices are usually posted in the lobby of the Municipal Building.
(g) “Published” means published once in a newspaper having a general circulation in the municipality, as defined in Ohio R.C. 7.12, except that no portion of the newspaper need be printed in the Municipality. If at the time of any such publication there is no such newspaper of general circulation, then the publication shall be in a newspaper then determined by the Clerk to have the largest circulation in the Municipality.
(h) “Special meeting” means 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.
(i) “Written notification” means notification in writing mailed, telegraphed, or delivered to the address of the person for whom the notification is intended as shown on the records kept by the Clerk under these rules, or in any way delivered to such person. If mailed, the 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 the meeting.
(Res. 1975-44. Passed 12-9-75)
(a) The Clerk shall post a statement of the time and place 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 shall check at reasonable intervals to ensure that the statement remains so posted during the calendar year. If at any time during the calendar year the time or place of regular meetings, or of any regular meeting, 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 at least 24 hours before the time of the first changed regular meeting.
(b) The Clerk 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) On the adjournment of any regular or special meeting to another day, the Clerk shall promptly post notice of the time and place of such adjourned meeting.
(Res. 1975-44. Passed 12-9-75.)
(a) Except in the case of a special meeting referred to in Section 109.05(e), the Clerk shall, not 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 the special meeting.
(b) The statement under this section and the notifications under Section 109.05 shall state such specific or general purpose or purposes then known to the Clerk 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 the municipal body at the meeting may be considered and acted on.
(Res. 1975-44. Passed 12-9-75.)
(a) Any news medium organization that desires to be given advance notification of special meetings of a municipal body shall file with the Clerk a written request therefor. Except in the event of an emergency requiring immediate official action as referred to in subsection (e) hereof, a special meeting shall not be held unless at least 24 hours advance notice of the time, place, and purposes of the special meeting is given to the news media that have requested the advance notification in accordance with subsections (b) and (c) hereof.
(b) News media requests for the advance notification of special meetings shall specify:
(1) The municipal body that is the subject of the request;
(2) The name of the medium;
(3) The name and address of the person to whom written notifications to the medium may be mailed, telegraphed, or delivered;
. (4) 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
(5) 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.
(c) Any request shall be effective for one year from the date of filing with the Clerk or until the Clerk receives written notice from such medium canceling or modifying such request, whichever is earlier. Each requesting news medium shall be informed of the period of effectiveness at the time it files its request. The requests may be modified or extended only by filing a complete new request with the Clerk. A request shall not be deemed to be made unless it is complete in all respects, and the request may be conclusively relied on by the City, the municipal body that is the subject of the request, and the Clerk.
(d) The Clerk shall give oral notification or written notification, or both, as the Clerk determines, to the news media that have requested the advance notification in accordance with subsections (b) and (c) hereof, of the time, place, and purposes of each special meeting, at least 24 hours prior to the time of such special meeting.
(e) In the event of any emergency requiring immediate official action, a special meeting may be held without giving 24 hours advance notification to the requesting news media. The persons calling such meeting, or any one or more of such persons or the Clerk on their behalf, shall immediately give oral notification or written notification, or both, as the person or persons giving such notification determine, of the time, place, and purposes of the special meeting to the news media that have requested the advance notification in accordance with subsections (b) and (c) hereof. The minutes or the call, or both, of any special meeting shall state the general nature of the emergency requiring immediate official action.
(Res. 1975-44. Passed 12-9-75.)
(a) Any person, on 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.
(b) Such person may file a written request with the Clerk specifying:
(1) The person's name, and the address and telephone number at or through which the person can be reached during and outside of business hours;
(2) The specific type of public business discussion for which the person is requesting advance notification;
(3) The municipal body that is the subject of such request; and
(4) The number of calendar months (not to exceed 12) which the request covers. The request may be canceled by request from the person to the Clerk.
(c) Each 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 shall notify the requesting person in writing when the supply of envelopes is running out, and if the person desires notification after the supply has run out, such person must deliver to the Clerk an additional reasonable number of stamped self-addressed envelopes as a condition to receiving further notifications.
(d) The requests may be modified or extended only by filing a complete new request with the Clerk. A request shall not be deemed to be made unless it is complete in all respects, and the request may be conclusively relied on by the City or municipal body that is the subject of the request, and the Clerk.
(e) The Clerk shall, if possible, give advance notification under this section by written notification. If written notification cannot be given or has not been given, the Clerk shall give oral notification.
(f) The contents of written notification under subsection (e) hereof above may be a copy of the agenda of the meeting. Written notification may be accomplished by giving advance written notification, by copies of the agendas of all the meetings of the municipal body that is the subject of the request.
(Res. 1975-44. Passed 12-9-75.)
(a) Any person may visit or telephone the office of the Clerk during that office's regular office hours to determine, based on information available at that office:
(1) The time and place of regular meetings;
(2) The time, place, and purposes of any then known special meetings; and
(3) Whether the available agenda of any such further meeting states that any specific type of public business, identified by the person, is to be discussed at the meeting.
(b) Any notification to be given by the Clerk may be given by any person acting in behalf of or under the authority of the Clerk.
(c) A reasonable attempt at notification shall constitute notification in compliance with this chapter.
(d) A certificate by the Clerk as to compliance with this chapter shall be conclusive on the City and the municipal body involved. The certificate shall be conclusive evidence as to the facts set forth therein, on which all persons can rely that this chapter has been complied with.
(e) The Clerk shall maintain a record of the date, manner, and time, if pertinent under this chapter, of all actions taken with regard to notices and notifications under Sections 109.01 through 109.06, and he shall retain copies of proofs of publication of any notifications or notices published thereunder.
(f) To better insure compliance with these rules as to notice and notification, it shall be the responsibility of the chairperson or secretary of a municipal body other than Council, or the person or persons calling the meetings, to timely advise the Clerk of future meetings, and the subject matters to be discussed thereat, of the municipal body.
(Res. 1975-44. Passed 12-9-75.)