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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 |
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 construed | 6 |
to require public officials to take official action and to conduct | 7 |
all deliberations upon official business only in open meetings | 8 |
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 similar | 12 |
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 any | 15 |
county, township, municipal corporation, school district, or other | 16 |
political subdivision or local public institution; | 17 |
(b) Any committee or subcommittee of a body described in | 18 |
division (B)(1)(a) of this section; | 19 |
(c) A court of jurisdiction of a sanitary district organized | 20 |
wholly for the purpose of providing a water supply for domestic, | 21 |
municipal, and public use when meeting for the purpose of the | 22 |
appointment, removal, or reappointment of a member of the board of | 23 |
directors of such a district pursuant to section 6115.10 of the | 24 |
Revised Code, if applicable, or for any other matter related to | 25 |
such a district other than litigation involving the district. As | 26 |
used in division (B)(1)(c) of this section, "court of | 27 |
jurisdiction" has the same meaning as "court" in section 6115.01 | 28 |
of the Revised Code. | 29 |
(2) "Meeting" means any prearranged discussion of the public | 30 |
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 educational | 33 |
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 section | 39 |
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 public | 46 |
body shall be promptly prepared, filed, and maintained and shall | 47 |
be open to public inspection. The minutes need only reflect the | 48 |
general subject matter of discussions in executive sessions | 49 |
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 or | 53 |
independent certified public accountants with officials of the | 54 |
public office that is the subject of the audit; | 55 |
(3) The adult parole authority when its hearings are | 56 |
conducted at a correctional institution for the sole purpose of | 57 |
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 established | 61 |
under section 307.621 of the Revised Code and meetings conducted | 62 |
pursuant to sections 5153.171 to 5153.173 of the Revised Code; | 63 |
(6) The state medical board when determining whether to | 64 |
suspend a certificate without a prior hearing pursuant to division | 65 |
(G) of either section 4730.25 or 4731.22 of the Revised Code; | 66 |
(7) The board of nursing when determining whether to suspend | 67 |
a license or certificate without a prior hearing pursuant to | 68 |
division (B) of section 4723.281 of the Revised Code; | 69 |
(8) The state board of pharmacy when determining whether to | 70 |
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 to | 73 |
suspend a license without a hearing pursuant to section 4734.37 of | 74 |
the Revised Code. | 75 |
(10) The executive committee of the emergency response | 76 |
commission when determining whether to issue an enforcement order | 77 |
or request that a civil action, civil penalty action, or criminal | 78 |
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 development | 82 |
financing advisory board, when meeting to consider granting | 83 |
assistance pursuant to Chapter 122. or 166. of the Revised Code, | 84 |
in order to protect the interest of the applicant or the possible | 85 |
investment of public funds, by unanimous vote of all board, | 86 |
council, or authority members present, may close the meeting | 87 |
during consideration of the following information confidentially | 88 |
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 public | 96 |
inspection. | 97 |
The vote by the authority, council, or board to accept or | 98 |
reject the application, as well as all proceedings of the | 99 |
authority, council, or board not subject to this division, shall | 100 |
be open to the public and governed by this section. | 101 |
(F) Every public body, by rule, shall establish a reasonable | 102 |
method whereby any person may determine the time and place of all | 103 |
regularly scheduled meetings and the time, place, and purpose of | 104 |
all special meetings. A public body shall not hold a special | 105 |
meeting unless it gives at least twenty-four hours' advance notice | 106 |
to the news media that have requested notification, except in the | 107 |
event of an emergency requiring immediate official action. In the | 108 |
event of an emergency, the member or members calling the meeting | 109 |
shall notify the news media that have requested notification | 110 |
immediately of the time, place, and purpose of the meeting. | 111 |
The rule shall provide that any person, upon request and | 112 |
payment of a reasonable fee, may obtain reasonable advance | 113 |
notification of all meetings at which any specific type of public | 114 |
business is to be discussed. Provisions for advance notification | 115 |
may include, but are not limited to, mailing the agenda of | 116 |
meetings to all subscribers on a mailing list or mailing notices | 117 |
in self-addressed, stamped envelopes provided by the person. | 118 |
(G) Except as provided in division (J) of this section, the | 119 |
members of a public body may hold an executive session only after | 120 |
a majority of a quorum of the public body determines, by a roll | 121 |
call vote, to hold an executive session and only at a regular or | 122 |
special meeting for the sole purpose of the consideration of any | 123 |
of the following matters: | 124 |
(1) To consider the appointment, employment, dismissal, | 125 |
discipline, promotion, demotion, or compensation of a public | 126 |
employee or official, or the investigation of charges or | 127 |
complaints against a public employee, official, licensee, or | 128 |
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 an | 131 |
executive session for the discipline of an elected official for | 132 |
conduct related to the performance of the elected official's | 133 |
official duties or for the elected official's removal from office. | 134 |
If a public body holds an executive session pursuant to division | 135 |
(G)(1) of this section, the motion and vote to hold that executive | 136 |
session shall state which one or more of the approved purposes | 137 |
listed in division (G)(1) of this section are the purposes for | 138 |
which the executive session is to be held, but need not include | 139 |
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 and | 153 |
deliberations of the public body have been conducted in compliance | 154 |
with this section, any instrument executed by the public body | 155 |
purporting to convey, lease, or otherwise dispose of any right, | 156 |
title, or interest in any public property shall be conclusively | 157 |
presumed to have been executed in compliance with this section | 158 |
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 body | 161 |
concerning disputes involving the public body that are the subject | 162 |
of pending or imminent court action; | 163 |
(4) Preparing for, conducting, or reviewing negotiations or | 164 |
bargaining sessions with public employees concerning their | 165 |
compensation or other terms and conditions of their employment; | 166 |
(5) Matters required to be kept confidential by federal law | 167 |
or regulations or state statutes; | 168 |
(6) Details relative to the security arrangements and | 169 |
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 public | 172 |
office; | 173 |
(7) In the case of a county hospital operated pursuant to | 174 |
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 any | 180 |
of the matters listed in divisions (G)(2) to (7) of this section, | 181 |
the motion and vote to hold that executive session shall state | 182 |
which one or more of the approved matters listed in those | 183 |
divisions are to be considered at the executive session. | 184 |
A public body specified in division (B)(1)(c) of this section | 185 |
shall not hold an executive session when meeting for the purposes | 186 |
specified in that division. | 187 |
(H) A resolution, rule, or formal action of any kind is | 188 |
invalid unless adopted in an open meeting of the public body. A | 189 |
resolution, rule, or formal action adopted in an open meeting that | 190 |
results from deliberations in a meeting not open to the public is | 191 |
invalid unless the deliberations were for a purpose specifically | 192 |
authorized in division (G) or (J) of this section and conducted at | 193 |
an executive session held in compliance with this section. A | 194 |
resolution, rule, or formal action adopted in an open meeting is | 195 |
invalid if the public body that adopted the resolution, rule, or | 196 |
formal action violated division (F) of this section. | 197 |
(I)(1) Any person may bring an action to enforce this | 198 |
section. An action under division (I)(1) of this section shall be | 199 |
brought within two years after the date of the alleged violation | 200 |
or threatened violation. Upon proof of a violation or threatened | 201 |
violation of this section in an action brought by any person, the | 202 |
court of common pleas shall issue an injunction to compel the | 203 |
members of the public body to comply with its provisions. | 204 |
(2)(a) If the court of common pleas issues an injunction | 205 |
pursuant to division (I)(1) of this section, the court shall order | 206 |
the public body that it enjoins to pay a civil forfeiture of five | 207 |
hundred dollars to the party that sought the injunction and shall | 208 |
award to that party all court costs and, subject to reduction as | 209 |
described in division (I)(2) of this section, reasonable | 210 |
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 not | 212 |
award attorney's fees to that party if the court determines both | 213 |
of the following: | 214 |
(i) That, based on the ordinary application of statutory law | 215 |
and case law as it existed at the time of violation or threatened | 216 |
violation that was the basis of the injunction, a well-informed | 217 |
public body reasonably would believe that the public body was not | 218 |
violating or threatening to violate this section; | 219 |
(ii) That a well-informed public body reasonably would | 220 |
believe that the conduct or threatened conduct that was the basis | 221 |
of the injunction would serve the public policy that underlies the | 222 |
authority that is asserted as permitting that conduct or | 223 |
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 was | 227 |
frivolous conduct, as defined in division (A) of section 2323.51 | 228 |
of the Revised Code, the court shall award to the public body all | 229 |
court costs and reasonable attorney's fees, as determined by the | 230 |
court. | 231 |
(3) Irreparable harm and prejudice to the party that sought | 232 |
the injunction shall be conclusively and irrebuttably presumed | 233 |
upon proof of a violation or threatened violation of this section. | 234 |
(4) A member of a public body who knowingly violates an | 235 |
injunction issued pursuant to division (I)(1) of this section may | 236 |
be removed from office by an action brought in the court of common | 237 |
pleas for that purpose by the prosecuting attorney or the attorney | 238 |
general. | 239 |
(J)(1) Pursuant to division (C) of section 5901.09 of the | 240 |
Revised Code, a veterans service commission shall hold an | 241 |
executive session for one or more of the following purposes unless | 242 |
an applicant requests a public hearing: | 243 |
(a) Interviewing an applicant for financial assistance under | 244 |
sections 5901.01 to 5901.15 of the Revised Code; | 245 |
(b) Discussing applications, statements, and other documents | 246 |
described in division (B) of section 5901.09 of the Revised Code; | 247 |
(c) Reviewing matters relating to an applicant's request for | 248 |
financial assistance under sections 5901.01 to 5901.15 of the | 249 |
Revised Code. | 250 |
(2) A veterans service commission shall not exclude an | 251 |
applicant for, recipient of, or former recipient of financial | 252 |
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 commission | 255 |
conducts as an executive session that pertains to the applicant's, | 256 |
recipient's, or former recipient's application for financial | 257 |
assistance. | 258 |
(3) A veterans service commission shall vote on the grant or | 259 |
denial of financial assistance under sections 5901.01 to 5901.15 | 260 |
of the Revised Code only in an open meeting of the commission. The | 261 |
minutes of the meeting shall indicate the name, address, and | 262 |
occupation of the applicant, whether the assistance was granted or | 263 |
denied, the amount of the assistance if assistance is granted, and | 264 |
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 |