103.05 EXEMPTIONS FOR EXECUTIVE SESSIONS.

   This chapter shall not apply to a meeting, or such portion thereof, which may be called to discuss public business for which notice is specifically exempted by Ohio R.C. 121.22(G), as follows:

   (a)    The members of a public body may hold an executive session only at a regular or special 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.

         (Ord. 76-6. Passed 2-16-76.)