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(a) The quorum of a public body may hold an executive session 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, licensee or regulated individual, unless such persons request 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;
(2) To consider the purchase of property for public purposes, or for the sale of property, 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 the public body, nor a person present at the executive session, 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 the public body or from a person present, which information 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 actions;
(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; or
(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.
(7) To consider confidential information related to 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:
A. The information is directly related to a request for economic development assistance that is to be provided or administered under any provisions 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.
B. A unanimous quorum of the public body determines, by a roll call vote, that the executive session is necessary to protect the interests fo the applicant or the possible investment or expenditure of public funds to be made in connection with the economic development project.
(b) If a public body holds an executive session to consider any of the matters listed in this section, an agenda published concerning the executive session shall state which one or more of the approved matters listed are to be considered at the executive session.
(Ord. 88-82, passed 8-11-1988; Am. Ord. 13-57, passed 11-14-2013)