As Reported by the House State Government and Elections Committee

127th General Assembly
Regular Session
2007-2008
H. B. No. 194


Representative Zehringer 

Cosponsors: Representatives Seitz, Evans, Adams, Huffman, McGregor, J., Reinhard, Goodwin, Daniels, Flowers, Carmichael, Webster, Hite, Domenick 



A BILL
To amend section 121.22 of the Revised Code to allow 1
joint township hospitals to hold an executive 2
session for purposes of discussing trade secrets.3


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 121.22 of the Revised Code be amended 4
to read as follows:5

       Sec. 121.22.  (A) This section shall be liberally construed6
to require public officials to take official action and to conduct7
all deliberations upon official business only in open meetings8
unless the subject matter is specifically excepted by law.9

       (B) As used in this section:10

       (1) "Public body" means any of the following:11

       (a) Any board, commission, committee, council, or similar12
decision-making body of a state agency, institution, or authority,13
and any legislative authority or board, commission, committee,14
council, agency, authority, or similar decision-making body of any15
county, township, municipal corporation, school district, or other16
political subdivision or local public institution;17

       (b) Any committee or subcommittee of a body described in18
division (B)(1)(a) of this section;19

       (c) A court of jurisdiction of a sanitary district organized20
wholly for the purpose of providing a water supply for domestic,21
municipal, and public use when meeting for the purpose of the22
appointment, removal, or reappointment of a member of the board of23
directors of such a district pursuant to section 6115.10 of the24
Revised Code, if applicable, or for any other matter related to25
such a district other than litigation involving the district. As26
used in division (B)(1)(c) of this section, "court of27
jurisdiction" has the same meaning as "court" in section 6115.0128
of the Revised Code.29

       (2) "Meeting" means any prearranged discussion of the public30
business of the public body by a majority of its members.31

       (3) "Regulated individual" means either of the following:32

       (a) A student in a state or local public educational33
institution;34

       (b) A person who is, voluntarily or involuntarily, an inmate, 35
patient, or resident of a state or local institution because of 36
criminal behavior, mental illness or retardation, disease, 37
disability, age, or other condition requiring custodial care.38

       (4) "Public office" has the same meaning as in section39
149.011 of the Revised Code.40

       (C) All meetings of any public body are declared to be public 41
meetings open to the public at all times. A member of a public 42
body shall be present in person at a meeting open to the public to 43
be considered present or to vote at the meeting and for purposes 44
of determining whether a quorum is present at the meeting.45

       The minutes of a regular or special meeting of any public46
body shall be promptly prepared, filed, and maintained and shall47
be open to public inspection. The minutes need only reflect the48
general subject matter of discussions in executive sessions49
authorized under division (G) or (J) of this section.50

       (D) This section does not apply to any of the following:51

       (1) A grand jury;52

       (2) An audit conference conducted by the auditor of state or53
independent certified public accountants with officials of the54
public office that is the subject of the audit;55

       (3) The adult parole authority when its hearings are56
conducted at a correctional institution for the sole purpose of57
interviewing inmates to determine parole or pardon;58

       (4) The organized crime investigations commission established 59
under section 177.01 of the Revised Code;60

       (5) Meetings of a child fatality review board established61
under section 307.621 of the Revised Code and meetings conducted62
pursuant to sections 5153.171 to 5153.173 of the Revised Code;63

       (6) The state medical board when determining whether to64
suspend a certificate without a prior hearing pursuant to division65
(G) of either section 4730.25 or 4731.22 of the Revised Code;66

       (7) The board of nursing when determining whether to suspend67
a license or certificate without a prior hearing pursuant to68
division (B) of section 4723.281 of the Revised Code;69

       (8) The state board of pharmacy when determining whether to70
suspend a license without a prior hearing pursuant to division (D)71
of section 4729.16 of the Revised Code;72

       (9) The state chiropractic board when determining whether to73
suspend a license without a hearing pursuant to section 4734.37 of74
the Revised Code.75

       (10) The executive committee of the emergency response76
commission when determining whether to issue an enforcement order77
or request that a civil action, civil penalty action, or criminal78
action be brought to enforce Chapter 3750. of the Revised Code.79

       (E) The controlling board, the development financing advisory 80
council, the industrial technology and enterprise advisory 81
council, the tax credit authority, or the minority development82
financing advisory board, when meeting to consider granting83
assistance pursuant to Chapter 122. or 166. of the Revised Code,84
in order to protect the interest of the applicant or the possible85
investment of public funds, by unanimous vote of all board,86
council, or authority members present, may close the meeting87
during consideration of the following information confidentially88
received by the authority, council, or board from the applicant:89

       (1) Marketing plans;90

       (2) Specific business strategy;91

       (3) Production techniques and trade secrets;92

       (4) Financial projections;93

       (5) Personal financial statements of the applicant or members 94
of the applicant's immediate family, including, but not limited 95
to, tax records or other similar information not open to public96
inspection.97

       The vote by the authority, council, or board to accept or98
reject the application, as well as all proceedings of the99
authority, council, or board not subject to this division, shall100
be open to the public and governed by this section.101

       (F) Every public body, by rule, shall establish a reasonable102
method whereby any person may determine the time and place of all103
regularly scheduled meetings and the time, place, and purpose of104
all special meetings. A public body shall not hold a special105
meeting unless it gives at least twenty-four hours' advance notice106
to the news media that have requested notification, except in the107
event of an emergency requiring immediate official action. In the108
event of an emergency, the member or members calling the meeting109
shall notify the news media that have requested notification110
immediately of the time, place, and purpose of the meeting.111

       The rule shall provide that any person, upon request and112
payment of a reasonable fee, may obtain reasonable advance113
notification of all meetings at which any specific type of public114
business is to be discussed. Provisions for advance notification115
may include, but are not limited to, mailing the agenda of116
meetings to all subscribers on a mailing list or mailing notices117
in self-addressed, stamped envelopes provided by the person.118

       (G) Except as provided in division (J) of this section, the119
members of a public body may hold an executive session only after120
a majority of a quorum of the public body determines, by a roll121
call vote, to hold an executive session and only at a regular or122
special meeting for the sole purpose of the consideration of any123
of the following matters:124

       (1) To consider the appointment, employment, dismissal,125
discipline, promotion, demotion, or compensation of a public126
employee or official, or the investigation of charges or127
complaints against a public employee, official, licensee, or128
regulated individual, unless the public employee, official,129
licensee, or regulated individual requests a public hearing. 130
Except as otherwise provided by law, no public body shall hold an131
executive session for the discipline of an elected official for132
conduct related to the performance of the elected official's133
official duties or for the elected official's removal from office.134
If a public body holds an executive session pursuant to division135
(G)(1) of this section, the motion and vote to hold that executive136
session shall state which one or more of the approved purposes137
listed in division (G)(1) of this section are the purposes for138
which the executive session is to be held, but need not include139
the name of any person to be considered at the meeting.140

       (2) To consider the purchase of property for public purposes, 141
or for the sale of property at competitive bidding, if premature 142
disclosure of information would give an unfair competitive or 143
bargaining advantage to a person whose personal, private interest 144
is adverse to the general public interest. No member of a public 145
body shall use division (G)(2) of this section as a subterfuge for 146
providing covert information to prospective buyers or sellers. A 147
purchase or sale of public property is void if the seller or buyer 148
of the public property has received covert information from a 149
member of a public body that has not been disclosed to the general 150
public in sufficient time for other prospective buyers and sellers 151
to prepare and submit offers.152

       If the minutes of the public body show that all meetings and153
deliberations of the public body have been conducted in compliance154
with this section, any instrument executed by the public body155
purporting to convey, lease, or otherwise dispose of any right,156
title, or interest in any public property shall be conclusively157
presumed to have been executed in compliance with this section158
insofar as title or other interest of any bona fide purchasers,159
lessees, or transferees of the property is concerned.160

       (3) Conferences with an attorney for the public body161
concerning disputes involving the public body that are the subject162
of pending or imminent court action;163

       (4) Preparing for, conducting, or reviewing negotiations or164
bargaining sessions with public employees concerning their165
compensation or other terms and conditions of their employment;166

       (5) Matters required to be kept confidential by federal law167
or regulations or state statutes;168

       (6) Details relative to the security arrangements and169
emergency response protocols for a public body or a public office,170
if disclosure of the matters discussed could reasonably be 171
expected to jeopardize the security of the public body or public172
office;173

       (7) In the case of a county hospital operated pursuant to174
Chapter 339. of the Revised Code, a joint township hospital 175
operated pursuant to Chapter 513. of the Revised Code, or a 176
municipal hospital operated pursuant to Chapter 749. of the 177
Revised Code, to consider trade secrets, as defined in section 178
1333.61 of the Revised Code.179

       If a public body holds an executive session to consider any180
of the matters listed in divisions (G)(2) to (7) of this section,181
the motion and vote to hold that executive session shall state182
which one or more of the approved matters listed in those183
divisions are to be considered at the executive session.184

       A public body specified in division (B)(1)(c) of this section185
shall not hold an executive session when meeting for the purposes186
specified in that division.187

       (H) A resolution, rule, or formal action of any kind is188
invalid unless adopted in an open meeting of the public body. A189
resolution, rule, or formal action adopted in an open meeting that190
results from deliberations in a meeting not open to the public is191
invalid unless the deliberations were for a purpose specifically192
authorized in division (G) or (J) of this section and conducted at193
an executive session held in compliance with this section. A194
resolution, rule, or formal action adopted in an open meeting is195
invalid if the public body that adopted the resolution, rule, or196
formal action violated division (F) of this section.197

       (I)(1) Any person may bring an action to enforce this198
section. An action under division (I)(1) of this section shall be199
brought within two years after the date of the alleged violation200
or threatened violation. Upon proof of a violation or threatened201
violation of this section in an action brought by any person, the202
court of common pleas shall issue an injunction to compel the203
members of the public body to comply with its provisions.204

       (2)(a) If the court of common pleas issues an injunction205
pursuant to division (I)(1) of this section, the court shall order206
the public body that it enjoins to pay a civil forfeiture of five207
hundred dollars to the party that sought the injunction and shall208
award to that party all court costs and, subject to reduction as209
described in division (I)(2) of this section, reasonable210
attorney's fees. The court, in its discretion, may reduce an award 211
of attorney's fees to the party that sought the injunction or not212
award attorney's fees to that party if the court determines both213
of the following:214

       (i) That, based on the ordinary application of statutory law215
and case law as it existed at the time of violation or threatened216
violation that was the basis of the injunction, a well-informed217
public body reasonably would believe that the public body was not218
violating or threatening to violate this section;219

       (ii) That a well-informed public body reasonably would220
believe that the conduct or threatened conduct that was the basis221
of the injunction would serve the public policy that underlies the222
authority that is asserted as permitting that conduct or223
threatened conduct.224

       (b) If the court of common pleas does not issue an injunction 225
pursuant to division (I)(1) of this section and the court 226
determines at that time that the bringing of the action was227
frivolous conduct, as defined in division (A) of section 2323.51228
of the Revised Code, the court shall award to the public body all229
court costs and reasonable attorney's fees, as determined by the230
court.231

       (3) Irreparable harm and prejudice to the party that sought232
the injunction shall be conclusively and irrebuttably presumed233
upon proof of a violation or threatened violation of this section.234

       (4) A member of a public body who knowingly violates an235
injunction issued pursuant to division (I)(1) of this section may236
be removed from office by an action brought in the court of common237
pleas for that purpose by the prosecuting attorney or the attorney238
general.239

       (J)(1) Pursuant to division (C) of section 5901.09 of the240
Revised Code, a veterans service commission shall hold an241
executive session for one or more of the following purposes unless242
an applicant requests a public hearing:243

       (a) Interviewing an applicant for financial assistance under244
sections 5901.01 to 5901.15 of the Revised Code;245

       (b) Discussing applications, statements, and other documents246
described in division (B) of section 5901.09 of the Revised Code;247

       (c) Reviewing matters relating to an applicant's request for248
financial assistance under sections 5901.01 to 5901.15 of the249
Revised Code.250

       (2) A veterans service commission shall not exclude an251
applicant for, recipient of, or former recipient of financial252
assistance under sections 5901.01 to 5901.15 of the Revised Code,253
and shall not exclude representatives selected by the applicant,254
recipient, or former recipient, from a meeting that the commission255
conducts as an executive session that pertains to the applicant's,256
recipient's, or former recipient's application for financial257
assistance.258

       (3) A veterans service commission shall vote on the grant or259
denial of financial assistance under sections 5901.01 to 5901.15260
of the Revised Code only in an open meeting of the commission. The261
minutes of the meeting shall indicate the name, address, and262
occupation of the applicant, whether the assistance was granted or263
denied, the amount of the assistance if assistance is granted, and264
the votes for and against the granting of assistance.265

       Section 2. That existing section 121.22 of the Revised Code 266
is hereby repealed.267