Council has adopted this chapter for the purpose of:
(a) Establishing a reasonable method for any person to determine the time and place of all regularly scheduled meetings and the time, place and purpose of all special meetings;
(b) Making provisions for giving advance notice of special meetings to the news media that have requested notification; and
(c) Making provisions for persons to request and obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed.
This chapter applies to each municipal body, as defined in Section 125.02(d) and is in addition to any applicable legal requirements as to notices to members of a municipal body or to other notices in connection with specific meetings or specific subject matters.
(Ord. 1347-1976. Passed 3-15-76.)
As used in this chapter the following words shall have the meanings herein ascribed.
(a) “Clerk" means the Clerk of Council.
(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, other than an executive session.
(d) “Municipal body" means each of the following:
(1) Council.
(2) Assessment Equalization Boards.
(3) Planning Commission.
(4) Board of Building and Zoning Appeals.
(5) Architectural Review Board.
(6) Recreation Commission.
(7) Committees of the above municipal bodies comprised of members of such bodies if such committees are comprised of a majority of the members of the main municipal body or are decision-making committees.
(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 Clerk under this chapter.
(f) "Executive sessions" means those meetings which need not be open to the public, which include:
(1) Consideration of 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 or official licensee or regulated individual.
(2) Consideration of the purchase of property, or sale of property at competitive bidding.
(3) Conferences with an attorney for the public body concerning disputes 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) Consideration of matters required to be kept confidential by federal law or rules or State statutes.
(6) Considering specialized details of security arrangements under certain circumstances.
(7) Deliberations of fact-finding administrative boards and commissions.
(g) "Post" means to post at the location provided in Section 123.01. A notice identifying the location at which notifications will be posted pursuant to this chapter shall be published by the Clerk within ten calendar days after the adoption thereof.
(h) "Published" means published once in a newspaper having a general circulation in the Municipality, as defined in Ohio R.C. 7.12, except that no portion of such newspaper need be printed in the Municipality. Alternatively, the Clerk may publish in a City newsletter. 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 Clerk to have the largest circulation in the Municipality, or in the City newsletter.
(i) "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.
(j) "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 Clerk provided for by this chapter, 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. 1347-1976. Passed 3-15-76.)
(a) Regular and Organizational Meetings. The Clerk 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 Clerk 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 Clerk at least twenty-four hours before the time of the first changed regular meeting.
The Clerk 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.
Upon the adjournment of any regular or special meeting to another day, the Clerk shall promptly post notice of the time and place of such adjourned meeting.
(b) Special Meetings. Except in the case of a special meeting referred to in subsection (d) hereof, the Clerk shall, no later than twelve hours before the time of a special meeting of a municipal body, post a statement of the time, place and purpose of such special meeting.
The statement provided for herein and the notifications under subsections (c) and (d) hereof shall state such specific or general purpose or purposes then known to the Clerk 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 body at such meeting may be considered and acted upon.
(c) Notice to News Media of Special Meetings. Any news medium organization that desires to be given advance notification of special meetings of a municipal body shall file with the Clerk 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 purpose of such special meeting is given to the news media that have requested such advance notification in accordance with this section.
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 at which notifications may be given either during or outside of business hours of at least two persons to either one of whom oral notification to the medium may be given, and at least one of which telephone numbers 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 Clerk or until the Clerk 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 Clerk. 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 City, the municipal body that is the subject of such request, and the Clerk.
The Clerk shall give such oral notification or written notification, or both, as the Clerk determines, to the news media that have requested such advance notification in accordance with this subsection, of the time, place and purposes of each special meeting, at least twenty-four hours prior to the time of such special meeting.
(d) Emergency Requiring Immediate Action. 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 anyone or more of such persons or the Clerk 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 (c) 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. 1347-1976. Passed 3-15-76.)
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