(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MEETING. Any prearranged discussion of the public business of the Council, any committee thereof, or any board or commission, by a majority of its members.
NEWS MEDIA. Any newspaper or magazine of regular and general circulation and any radio or television station.
(B) All meetings of Council, any committee thereof, and all boards and commissions shall be open to the public except as otherwise provided with respect to executive sessions. Executive sessions may be held only at regular or special meetings for the sole purpose of the consideration of any of the following matters:
(1) Unless the public employee, official, or licensee 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, the Council shall not hold an executive session for conduct related to the performance of an elected official's duties or for his or her removal from office.
(2) (a) 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. The provisions of this subsection shall not be used 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 that has not been disclosed to the general public in sufficient time for other prospective buyers and sellers to prepare and submit offers.
(b) If the minutes of the Council show that all meetings and deliberations have been conducted in compliance with this section, any instrument executed by or under the authority of the Council 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 party is concerned.
(3) Conferences with an attorney for the municipality concerning disputes involving the municipality 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.
(C) A resolution, rule, ordinance, or formal action of any kind is invalid unless adopted in an open meeting of the Council, committee thereof, board or commission. A resolution, rule, ordinance, or formal action adopted in an open meeting that results from deliberations in a meeting not open to the public is invalid unless the deliberations were for a purpose specifically authorized herein.
(D) Minutes of all meetings of the Council, a committee thereof, or a board or commission shall be kept, promptly recorded, and open to the public. Minutes need only reflect the general subject matter of discussions in executive sessions authorized herein.
(E) Any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings by contacting the Director of Finance and Records who shall disclose such requested information. In addition, any person may, upon request and payment of an annual fee of not to exceed the actual cost thereof, receive reasonable advance notification of all meetings of the Council, committees thereof, and all boards and commissions at which any specific type of public business is to be discussed. The person shall specify to the Director of Finance and Records the particular public body meetings for which notices shall be sent and shall supply to the Director of Finance and Records sufficient self-addressed stamped envelopes for the mailing of the notices as the Director of Finance and Records may reasonably direct from time to time. In the event self-addressed stamped envelopes are not provided to the Director of Finance and Records as directed, or the annual fee is not paid, the Director of Finance and Records shall not mail notices to the person.
(F) No special meeting of the Council, a committee thereof, or a board or commission shall be held unless at least 24 hours advance notice has been given to any news media that have requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the member or members calling the meeting shall notify the news media that have requested notification immediately of the time, place, and purpose of the meeting.
(G) Immediately upon any notice of meeting required by this section having been given, the following certification shall be completed by the person giving the notice and the certification shall be filed with the Director of Finance and Records who shall maintain a record of these certifications:
CERTIFICATION OF NOTICE
I, , hereby certify:
1. That I am (title) of the Municipality of New Lebanon, Ohio; and
2. That on the day of , 19/20 , by telephone-depositing in regular mail addressed to the last known address of the recipient (cross out one), I gave notice of a regular-special-emergency (cross out two) meeting of the (public body) of the Municipality of New Lebanon to the following persons and news media:
.
.
(Name of person certifying the giving of notice)
('80 Code, § 30.06) (Ord. 794, passed 2-3-76)
Statutory reference:
Open meetings required, exceptions to open meetings, see R.C. § 121.22