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As used in this chapter:
(a) "Fiscal Officer" means the Fiscal Officer of the Village of Perry.
(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.
(d) "Municipal Body" means each of the following:
Council;
Board of Trustees of Public Affairs;
Board of Zoning Appeals;
Planning Commission and committees of the above Municipal Bodies comprised of members of such Bodies.
(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 such person as shown on the records kept by the Fiscal Officer under these Rules. If telephone notification requires a long distance charge, then the telephone call shall be collect to the place being called.
(f) "Post" means to post in an area accessible to the public during the usual business hours at the office of the Fiscal Officer and at the following location: 4203 Harper Street, Perry, Ohio. A notice identifying the locations at which notifications will be posted pursuant to these Rules shall be published by the Fiscal Officer within ten calendar days after the adoption of these Rules.
(g) "Published" means published once in a newspaper having a general circulation in the Village, as defined in Ohio R.C. 7.12, except that no portion of such newspaper need be printed in the Village. If at the time of any such publication there is no such newspaper of general circulation, then such publication shall be in a newspaper then determined by the Fiscal Officer to have the largest circulation in the Village.
(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 such notification is intended as shown on the records kept by the Fiscal Officer under these Rules, or in any way delivered to such person. If mailed, such 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 such meeting.
(Ord. 3-1976. Passed 2-11-76.)
(a) The Fiscal Officer shall post a statement of the time(s) and place(s) 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 Fiscal Officer shall check at reasonable intervals to ensure that such statement remains so posted during such 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 Fiscal Officer at least twenty-four hours before the time of the first changed regular meeting.
(b) The Fiscal Officer shall post a statement of the time and place of any organizational meeting of a Municipal Body at least twenty-four hours before the time of such organizational meeting.
(c) Upon the adjournment of any regular or special meeting to another day, the Fiscal Officer shall promptly post notice of the time and place of such adjourned meeting.
(Ord. 3-1976. Passed 2-11-76.)
(a) Except in the case of a special meeting referred to in Section 105.04(d), the Fiscal Officer shall, no later than twenty-four hours before the time of a special meeting of a Municipal Body, post a statement of the time, place and purposes of such special meeting.
(b) The statement under this section and the notifications under Section 105.04 shall state such specific or general purpose or purposes then known to the Fiscal Officer 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 such Municipal Body at such meeting may be considered and acted upon.
(Ord. 3-1976. Passed 2-11-76.)
(a) Any news media organization that desires to be given advance notification of special meetings of a Municipal Body shall file with the Fiscal Officer a written request therefor.
Except in the event of an emergency requiring immediate official action as referred to in subsection (d) hereof, a special meeting shall not be held unless at least twenty-four hours advance notice of the time, place and purposes of such special meeting is given to the news media that have requested such advance notification in accordance with subsection (b) hereof.
(b) News media requests for such advance notification of special meetings shall specify: the Municipal Body that is the subject of such request; the name of the medium; the name and address of the person to whom written notifications to the medium may be mailed, telegraphed or delivered; (and) 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 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.
Any such request shall be effective for one year from the date of filing with the Fiscal Officer or until the Fiscal Officer receives written notice from such medium canceling or modifying such request, whichever is earlier. Each requesting news medium shall be informed of such period of effectiveness at the time it files its request. Such requests may be modified or extended only by filing a complete new request with the Fiscal Officer. A request shall not be deemed to be made unless it is complete in all respects, and such request may be conclusively relied on by the Village, the Municipal Body that is the subject of such request, and the Fiscal Officer.
(c) The Fiscal Officer shall give such oral notification or written notification, or both, as the Fiscal Officer determines, to the news media that have requested such advance notification in accordance with subsection (b) hereof, of the time, place and purposes of each special meeting, at least twenty-four hours prior to the time of such special meeting.
(d) In the event of an emergency requiring immediate official action, a special meeting may be held without giving twenty-four hours advance notification thereof to the requesting news media. The persons calling such meeting, or any one or more of such persons or the Fiscal Officer 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 such special meeting to such news media that have requested such advance notification in accordance with subsection (b) hereof. The minutes or the call, or both, of any such special meeting shall state the general nature of the emergency requiring immediate official action.
(Ord. 3-1976. Passed 2-11-76.)
(a) Any person, upon 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.
(1) Such person may file a written request with the Fiscal Officer specifying: the person's name, and the address(es) and telephone number(s) at or through which the person can be reached during and outside of business hours; the specific type of public business the discussion of which the person is requesting advance notification; the Municipal Body that is the subject of such request; and the number of calendar months not to exceed twelve which the request covers. Such request may be canceled by request from such person to the Fiscal Officer.
(2) Each such 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 twelve special meetings. The Fiscal Officer shall notify in writing the requesting person when the supply of envelopes is running out, and if the person desires notification after such supply has run out such person must deliver to the Fiscal Officer an additional reasonable number of stamped self-addressed envelopes as a condition to receiving further notifications.
(3) Such requests may be modified or extended only by filing a complete new request with the Fiscal Officer. A request shall not be deemed to be made unless it is complete in all respects, and such request may be conclusively relied on by the Village, Municipal Body that is the subject of such request, and the Fiscal Officer.
(b) (1) The Fiscal Officer shall if possible give such advance notification under this section by written notification. If such written notification cannot be given or has not been given, the Fiscal Officer shall give oral notification.
(2) The contents of written notification under this subsection (b) may be a copy of the agenda of the meeting. Written notification under this subsection (b) may be accomplished by giving advance written notification, by copies of the agendas, of all meetings of the Municipal Body that is the subject of such request. (
Ord. 3-1976. Passed 2-11-76.)
(a) Any person may visit or telephone the office of the Fiscal Officer during that office's regular office hours to determine, based on information available at that office: the time and place of regular meetings; the time, place and purposes of any then known special meetings; and whether the available agenda of any such future meeting states that any specific type of public business, identified by such person, is to be discussed at such meeting.
(b) Any notification provided herein to be given by the Fiscal Officer may be given by any person acting in behalf of or under the authority of the Fiscal Officer.
(c) A reasonable attempt at notification shall constitute notification in compliance with this chapter.
(d) At the commencement of each meeting, the Fiscal Officer or a member of the Municipal Body shall submit a certificate of the Fiscal Officer as to compliance with these Rules as to notice and notification. Such certificate shall be conclusive evidence as to the facts set forth therein upon which all persons can rely that these Rules have been complied with.
(e) The Fiscal Officer shall maintain a record of the date and manner, and time if pertinent under this chapter, of all actions taken with regard to notices and notifications under Sections 105.03 to 105.05, and shall retain copies of proofs of publication of any notifications or notices published thereunder.
(Ord. 3-1976. Passed 2-11-76.)