Understanding Ohio's Laws: The Open Meetings Act

• Jurisdiction: Ohio,United States
• Author: Diane A. Calta
• Law Firm: Mansour Gavin
• Published date: 03 January 2023

For local municipal elected officials, council clerks, administrators and especially law directors, it is not uncommon to be presented with the question "Can city council convene into an executive session (a closed door not open to the public session) to discuss _____?" Fill in the blank with whatever comes to mind and the answer depends on whether the reason for the executive session is expressly spelled out in Ohio Revised Code 121.22(G). For purposes of a few examples, under what is known as the Open Meetings Act, a public body may convene into an executive session to discuss with their legal counsel disputes with the public body that are the subject of pending or imminent court action or to prepare for collective bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment. Unless otherwise spelled out in Ohio Revised Code 121.22(G), public bodies in Ohio are required to conduct all deliberations on official business in meetings that are open to the public.

On December 1, 2022, the Ohio Supreme Court announced its decision in State ex rel. Hicks v. Clermont County Board of Commissioners, Slip Opinion No. 2022-Ohio-4237, confirming the burden shifting analysis for...