Ohio Admin. Code 151-1-01 - Notification of meetings to the public and news media should be referenced regarding this policy

(A) This Ohio public facilities commission has adopted this rule, pursuant to and in compliance with division (F) of section 121.22 of the Revised Code, for the purposes of establishing a reasonable method for any person to determine the time and place of all regularly scheduled meetings, and the time, place and purpose of all special meetings, making provisions for giving advance notice of all special meetings to the news media that have requested notification, and making provisions for persons to request and obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed. This rule is in addition to any applicable legal requirements as to notices to members of the commission and to designees, pursuant to section 151.02 of the Revised Code, of such members. Current through all regulations passed and filed through December 3, 2021

Rules of Public Notice for Regular, Special, and Emergency Meetings of the Holmes SWCD

Section 1. Notices and Agendas

All meeting notices shall be posted on the District website at holmesswcd.com. An annual schedule of regular meetings is sent to local news media at least seven days prior to the January meeting. Any news media may request additional notice of meetings, which will be the responsibility of the Program Administrator.

Section 2. Regular Meetings

The schedule of regular meetings of the Holmes County Soil and Water Conservation District (the District) shall be approved at the December board meeting and made available publicly at that time. The board agenda is set by the Program Administrator in concert with the board chairman and is communicated to the board at least five days prior to the meeting. Supporting documentation to assist the board in their decision making is part of the board packet.

Unless otherwise provided, all meetings will be held at the Office of the Holmes County Soil and Water Conservation District, located at 62 West Clinton St., Millersburg, Ohio in the District Board Room as is most suitable for the type of business being conducted, as determined solely be the District Supervisors, as that term is used in Ohio Revised Code Section 1515.07. If the District Supervisors anticipate that a larger meeting space shall be required to accommodate public attendance at any regular meeting within the board room, the District Supervisors shall provide notice as provided in Section 1 no later than 9:00 a.m. of the day preceding the date of the meeting. If any meeting or part of a meeting is attended by an unusually large number of persons, the District Supervisors may move the meeting to another location within the county and shall post a notice only at the place of original meeting giving directions to the new meeting place.

If the date or time of a regular meeting is changed, or if the location of a regular meeting is to be held at a place other than the District Board Room, notice of the change shall be as provided in Section 1 at least one week prior to the said meeting.

Section 3. Special and Emergency Meetings

All other meetings of the District shall be called as required to complete the business of the District and shall be treated as special meetings for purposes of Ohio Rev. Code Section 121.22. Special meetings of the District will be held at the call of any one of the five District Supervisors. The call for a special meeting shall specify the date, time, location, and purpose or purposes of the meeting. Unless otherwise provided, special meetings will be held at the same location as regular meetings.

The District Supervisors shall give notice of the date, time, location, and purpose or purposes of a special meeting, other than an emergency meeting, by following the notice procedures set forth in Section 1 as early as practicable, but not later than twenty-four (24) hours before the time the meeting is to start.

If there is sufficient time to post twenty-four hour notice, the Secretary shall give notice of an emergency meeting in the same manner as notice of a non-emergency special meeting. Otherwise, notice of the emergency meeting shall consist of notifying all news media who have requested notice of special or emergency meetings as soon as an emergency meeting has been called or if communications are not possible due to acts of God or similar conditions, as soon thereafter as is possible.

Section 4. Notice of Meetings to Discuss Particular Business

The District Supervisors shall give reasonable advance notice of any regular or special meeting at which a particular type of public business is to be discussed to any person who has requested such notice. If time permits, such notice shall be by mail or, if so requested, by facsimile or e-mail. Otherwise, telephone notice shall be given or, if so requested, by facsimile or e-mail. A request for notice shall be in writing, shall state the requester’s name, address, telephone number, e-mail address, if any, an indication of the type of notice preferred (regular mail or e-mail), and the nature of the public business of which the requester has a particular interest and desires notice. Any request shall remain in force for one year and may be renewed by submitting a new request in writing with a new annual fee at the rate in effect at the time of the new request. Adopted 1/11/06

OHIO'S OPEN MEETING ACT - COMMON QUESTIONS

What are a public body's responsibilities under the open meetings act?

• Openness. All public bodies must take all official actions and hold all deliberations on official business in meetings that are open to the public. • Notice. Depending upon the type of meeting, the public body must meet specific requirements for the timing and type of notice it provides to the public.

What is a "regular meeting?" A regular meeting is a meeting that is held at prescheduled intervals, such as "the 1st Tuesday of every month, at 7:30 p.m. in Ag Center Conference Room." The notice requirement for a regular meeting is that public bodies must establish by rule (policy) a reasonable method allowing the public to determine the time and place of regular meetings. Any meeting other than a regular meeting is a special or emergency meeting.

What are the notification requirements of "special meetings?" The notice requirement for a special meeting is that public bodies must establish by rule (policy) a reasonable method that allows the public to determine the time, place and purpose of a special meeting. The rule must require at least 24 hours advance notification to all media outlets that have requested such notification. Although the notice for a special meeting must state the purpose for the meeting, it may be for "general purposes." And if a public body wants to adjourn into executive session during a special meeting, the topic of the executive session should directly relate to some matter expressly included in the notice.

What is considered an "emergency meeting?" An emergency meeting is a special meeting that is convened because a situation requires immediate official action. For this type of meeting, the notice requirement is immediate. The members of the public body must immediately notify all news media outlets that have requested such notice.

Can requests be made for notification of a meeting when certain types of business to be discussed?

Yes. A public body is to establish a method by which a person may sign up to receive notice of meetings when a particular type of business is going to be discussed. The method may require payment of a reasonable fee, and failure to pay that fee means that a person cannot complain about not receiving the requested notice. If the topic of a special or emergency meeting relates to the particular type of business that a person asked to be notified about, the notice should go to that person as well as the media. For what reasons can executive session be held? There are only eight valid reasons for a SWCD Board to adjourn into executive session, and they are listed in the open meetings statute.

1. Personnel. Consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or [to consider] investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the employee, official, licenses, or regulated individual requests a public hearing.

2. Property. Consider the purchase of property (real property and personal property, whether it is tangible or intangible). A public body may also adjourn into executive session to consider the sale of property by competitive bid (real or personal property) if disclosure of the information would result in a competitive advantage to the other side.

3. Court action. Discuss with the public body’s designated legal council to discuss pending or imminent court action. A public body may not use this exception to adjourn into executive session for discussions with a board member who also happens to be an attorney -- the attorney should be the duly appointed counsel for the District. Note: by statute the County Prosecutor or their designee is the Districts Legal Council.

4. Collective Bargaining. A public body may adjourn into executive session to prepare for, conduct, or review collective bargaining strategy. Note: There are no current District employees with collective bargaining rights.

5. Confidential Matters. A public body may adjourn into executive session to discuss matters required to be kept confidential by federal law, federal rules, or state statutes. Note: Cooperator records pertaining to their involvement in USDA programs would fall under federal jurisdiction and are not covered under the Ohio Open Records Act.

6. Security Arrangements. A public body may adjourn into executive session to discuss specialized details of security arrangements where disclosure might reveal information that could be used to commit, or avoid prosecution for, a violation of the law.

7. Hospital Trade Secrets. A public body may adjourn into executive session to discuss trade secrets of a county hospital, a joint township hospital, or a municipal hospital.

8. A Veterans Service Commission must hold an executive session when considering an applicant’s request for financial assistance, unless the applicant requests a public hearing.

Are there restrictions on discussions held in executive session? There are indeed restrictions on the discussions held in executive session. First, there can be no decision making (actual voting) in the executive session. In fact, perhaps the only vote that may be taken during executive session is the vote on a motion to adjourn or recess the executive session. An executive session must always begin and end in open session.

What is the proper procedure for adjourning into executive session?

1. Motion. First, there must be a motion that states the purpose for the executive session, and the motion must be specific as to the matters to be discussed. For instance, if the purpose of the executive session is to discuss one of the personnel-related matters listed in the personnel exception, the motion must specify one or more of the listed purposes it is going to discuss, i.e., "to discuss the dismissal of a public employee." It is not sufficient to move for an executive session to discuss "personnel." But the motion does not need to specify the person who is to be discussed by name. 2. Second. After the motion, there must be a second on the motion. 3. Roll Call Vote. A vote to adjourn into executive session must be made by roll call vote by a majority of a quorum of the public body. The vote may not be by acclamation or by show of hands. And the vote must be recorded in the minutes.

What are the rights and remedies under the open meetings act?

What are the ramifications of violating the open meetings act? • A person is guaranteed the right to attend a public meeting, not the right to be heard at that meeting. And a disruptive person waives the right to remain and observe the meeting. • Audio and video recording may not be prohibited, but the public body may establish reasonable rules regulating the use of such equipment, such as requiring equipment to be silent, unobtrusive, self-contained, and self-powered to limit interference with the ability of others to hear, see, and participate.

For further information on the Ohio Opens Meetings Rules go to the Ohio Attorney General’s Website for a copy of the current Ohio Sunshine Laws - The Yellow Book: an Open Government Resource Manual at http://www.ohioattorneygeneral.gov/YellowBook

Public Comments at Holmes SWCD Board Meetings

Holmes SWCD meetings are public meetings, and as such, may be observed by members of the public.

The Agenda of the meeting shall include an item for public comment. This is the only time during the meeting that the public may contribute to the meeting.

In order to ensure that all who wish to speak may be heard, and to ensure that the work of the Board progresses in a timely fashion, each person wishing to make comment to the Board shall be given three (3) minutes to speak. A longer comment period may be granted at the discretion of the board.
Each speaker shall provide his / her name and address for inclusion in the official record of the Board. The Minutes of the meeting will reflect the comments made by members of the public.
The Board will accept the comments, but may choose not to respond to them, preferring instead to consider them at another time.

Copies of the Board Minutes are available when requested in accordance with the Ohio Public Records Act.