(a) This section shall be liberally construed to require public officials to take official action and to conduct all deliberations upon official business only in open meetings, unless the subject matter is specifically excepted by law.
(b) As used in this section:
(1) "Public body" means Council or any board, commission, committee, agency or similar decision-making body of the City, but excluding the Board of Control.
(2) "Meeting" means any prearranged discussion of the public business of the public body by a majority of its members.
(c) Except as otherwise provided in subsection (e) hereof, all meetings of any public body are declared to be public meetings open to the public at all times. A member of a public body shall be present in person at a meeting open to the public to be considered present or to vote at the meeting and for purposes of determining whether a quorum is present at the meeting.
The minutes of a regular or special meeting of any such public body shall be promptly recorded and open to public inspection. The minutes need only reflect the general subject matter of discussions in executive sessions authorized under subsection (e) hereof.
(d) Every public body shall, by rule, establish a reasonable method whereby any person may determine the time and place, and purpose of all special meetings. A public body shall not hold a special meeting unless it gives at least twenty-four hours advance notice to the new 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 new media that have requested notification immediately of the time, place and purpose of the meeting.
The rule shall provide that any person may, upon request and payment of a reasonable fee, obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed. Provisions for advance notification may include, but are not limited to, mailing the agenda of meetings to all subscribers on a mailing list or mailing notices in self-addressed, stamped envelopes provided by the person.
(e) 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:
(1) 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 or licensee, unless the public employee, official or licensee 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 related to the performance of his official duties or for his 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;
(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 of a public body 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 of a public body 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; and
(7) To discuss the recruitment, establishment, retention or expansion of any private business.
If a public body holds an executive session to consider any of the matters listed in subsection (e)(2) to (7) hereof, the motion and vote to hold that executive session shall state which one or more of the approved matters listed in those divisions are to be considered at the executive session.
(f) A resolution, rule or formal action of any kind is invalid unless adopted in an open meeting of the public body. A resolution, rule 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 in subsection (e) hereof and conducted at an executive session held in compliance with this section.
(g) (1) Any person may bring an action to enforce the provisions of this section. Upon proof of a violation or threatened violation of this section in an action brought by any person, the Court of Common Pleas shall issue an injunction to compel the members of the public body to comply with its provisions.
(2) If the Court of Common Pleas issues an injunction pursuant to this section, the Court may award to the party that sought the injunction all court costs and reasonable attorney's fees and also shall order the public body that it enjoins to pay a civil forfeiture of one hundred dollars ($100.00). If the Court of Common Pleas does not issue an injunction pursuant to this section and the Court determines at that time that the bringing of the action was frivolous conduct as defined in Ohio R.C. 2323.51(A), the Court may award to the public body all court costs and reasonable attorney's fees.
(3) Irreparable harm and prejudice to the party that sought the injunction shall be conclusively and irrebuttably presumed upon proof of a violation or threatened violation of this section.
(4) A member of a public body who knowingly violates an injunction issued pursuant to this subsection may be removed from office by an action brought in the Court of Common Pleas for that purpose by the Director of Law.
(Ord. 3871. Passed 7-9-91.)