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 relating 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 subsection, the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in this subsection 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.
If a public body holds an executive session to consider any of the matters listed in subsections (b) to (f) hereof, the motion and vote to hold that executive session shall state which one or more of the approved matters listed in such subsections are to be considered at the executive session.
(b) To consider the purchase of property for public purposes, or 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 subsection 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 purchaser, lessee or transferee 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 rules or State statutes; or
(f) 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. 1975-198. Passed 10-28-75; Ord. 1994-13. Passed 3-22-94.)
(g) 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:
(1) The information is directly related to a request for economic development assistance that is to be provided or administered under any provision of Chapter 715., 725., 1724., or 1728. or sections 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 of the Revised Code, or that involves public infrastructure improvements or the extension of utility services that are directly related to an economic development project.
(2) 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.