Presentation Transcript

1. Ohio’s Major Sunshine Laws The Open Meetings Act -R.C. 121.22 …To require all officialactions/deliberations to bein open meetings unlessexcepted …Act to be liberallyconstrued in favor ofopenness The Public Records Act -R.C. 149.43 …To be interpretedliberally to facilitate broader access …Exceptions to be strictlyinterpreted in favor of disclosure
2. What is a Public Record? Stored on a fixed medium, AND Created, received, or sent under thejurisdiction of a public office; AND Documents the organization, functions,operations, or other activities of theoffice.
3. Some “Uncertain” Issues “Notes” of a public employee may [or maynot] be a public record. A “draft” of a public record may [or maynot] be a public record, although in one casethe Ohio Supreme Court held that a writtendraft of an oral agreement was a publicrecord. “Personal” calendars and appointment books may [or may not] be a public record.
4. Some “Fairly Certain” Issues A public office is not required to create new records to respond to a public records request. If a computer is programmed to produce a record, then the record “exists”. The records of private entities performing duties for public entities may be deemed public records.
5. Public Records & Personnel Records Most University personnel records are public records. Retention, Promotion, and Tenurerecords at state universities are public records.
6. Public Records All public records shall be promptly prepared an made available for inspection to any person at all reasonable times during regular business hours. Upon request, …a person responsible for public records shall make copies available at cost, within a reasonable period of time. Public records shall be maintained in a manner that they can be made available.
7. Public Records All records kept by a public office arepublic records except generally- medical, adoption, probation, parole- trial preparation- intellectual property (higher education)- confidential law enforcement investigatory- records the release of which is prohibited by state or federal law- donor profile (higher education)
8. Public Records A public office is not required to create new records to meet a records request. Request for public records does not have tobe in writing. Motive for the request is irrelevant, even iffor commercial purposes. A public office must mail copies of publicrecords upon request.
9. Public Meetings Notice of Meetings: Rules must be adopted for notifying public of regular and special meetings. Special meetings require no less than 24 hours advance notice to the media. Emergency meetings require that the media be contacted immediately—NEOMED has both a By-Law provision and separate rule governing notification requirements.
10. Public Meetings Minutes must be promptly prepared, filed and maintained with full and accurate information and sufficient facts to permit the public to understand and appreciate the rationale behind the public body’s decision. Minutes do not detail discussion in executive sessions—only general subject matter.
11. Public Meetings Public bodies can only go into executivesession within an open meeting. Meetings should be conducted in public meeting places. Committees of public bodies are also public bodies.
12. Public Meetings Meeting means any prearranged discussionof the public business of the public body by a majority of its members. All meetings of any public body are declared to be public meetings open to the public at all times. A member of a public body must be presentto be considered present or to vote.
13. Public Meetings A gathering of the members of a public body may not be a meeting if the members of the public body act only as passive observers in a ministerial fact-gathering capacity or informal session. A “round robin” or “serial” meeting through which an items is sequentially but separately discussed with a majority of members, or a conference call “meeting” is prohibited.
14. Public Meetings The public body’s vote to go into executive session must be by roll call vote of a majority of a quorum and may not be by acclamation, and must specify the specific purpose of the executive session—for example, it is not sufficient to move to discuss “personnel”; rather, the motion should specify to discuss “the dismissal of an employee”.
15. Public MeetingsExecutive Session Topics Personnel Matters Purchase or Sale of Property Conferences with an attorney Collective Bargaining Matters Security Arrangement Details Matters required to be kept confidential by law or audit conference with state auditor “Trade Secrets” [case law]
16. Public Meetings Public Meeting laws can be enforcedthrough injunctive relief, $500 fine andattorney’s fees. A member of a public body who knowingly violates an injunction issued against a public body to enforce the public meeting laws, may be removed from office.
17. Public Meetings An action of any kind is invalid unless adopted in an open meeting. An action, even if adopted in an open meeting, is invalid if the action results from deliberations in a meeting not open to the public. A formal action taken in a meeting for which notice was not properly given, may be invalid.