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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 481
2025-2026
Representatives Fowler Arthur,
Piccolantonio
Cosponsors: Representatives Hiner,
Williams, Brennan, Sigrist, Johnson, Klopfenstein
To
amend section 121.22 of the Revised Code
to
allow a public body to meet in an executive session to discuss the
performance of a public employee or official.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 121.22 of the Revised Code be amended to read as follows:
Sec.
121.22.
(A)
This section shall be liberally construed to require public officials
to take official action and to conduct all deliberations upon
official business only in open meetings unless the subject matter is
specifically excepted by law.
(B)
As used in this section:
(1)
"Public body" means any of the following:
(a)
Any board, commission, committee, council, or similar decision-making
body of a state agency, institution, or authority, and any
legislative authority or board, commission, committee, council,
agency, authority, or similar decision-making body of any county,
township, municipal corporation, school district, or other political
subdivision or local public institution;
(b)
Any committee or subcommittee of a body described in division
(B)(1)(a) of this section;
(c)
A court of jurisdiction of a sanitary district organized wholly for
the purpose of providing a water supply for domestic, municipal, and
public use when meeting for the purpose of the appointment, removal,
or reappointment of a member of the board of directors of such a
district pursuant to section 6115.10 of the Revised Code, if
applicable, or for any other matter related to such a district other
than litigation involving the district. As used in division (B)(1)(c)
of this section, "court of jurisdiction" has the same
meaning as "court" in section 6115.01 of the Revised Code.
(2)
"Meeting" means any prearranged discussion of the public
business of the public body by a majority of its members.
(3)
"Regulated individual" means either of the following:
(a)
A student in a state or local public educational institution;
(b)
A person who is, voluntarily or involuntarily, an inmate, patient, or
resident of a state or local institution because of criminal
behavior, mental illness, an intellectual disability, disease,
disability, age, or other condition requiring custodial care.
(4)
"Public office" has the same meaning as in section 149.011
of the Revised Code.
(C)
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 shall be
present in person at a meeting open to the public to be considered
present or to vote at the meeting and for purposes of determining
whether a quorum is present at the meeting.
The
minutes of a regular or special meeting of any public body shall be
promptly prepared, filed, and maintained and shall be open to public
inspection. The minutes need only reflect the general subject matter
of discussions in executive sessions authorized under division (G) or
(J) of this section.
(D)
This section does not apply to any of the following:
(1)
A grand jury;
(2)
An audit conference conducted by the auditor of state or independent
certified public accountants with officials of the public office that
is the subject of the audit;
(3)
The adult parole authority when its hearings are conducted at a
correctional institution for the sole purpose of interviewing inmates
to determine parole or pardon and the department of rehabilitation
and correction when its hearings are conducted at a correctional
institution for the sole purpose of making determinations under
section 2967.271 of the Revised Code regarding the release or
maintained incarceration of an offender to whom that section applies;
(4)
The organized crime investigations commission established under
section 177.01 of the Revised Code;
(5)
Meetings of a child fatality review board established under section
307.621 of the Revised Code, meetings related to a review conducted
pursuant to guidelines established by the director of health under
section 3701.70 of the Revised Code, and meetings conducted pursuant
to sections 5153.171 to 5153.173 of the Revised Code;
(6)
The state medical board when determining whether to suspend a license
or certificate without a prior hearing pursuant to division (G) of
either section 4730.25 or 4731.22 of the Revised Code;
(7)
The board of nursing when determining whether to suspend a license or
certificate without a prior hearing pursuant to division (B) of
section 4723.281 of the Revised Code;
(8)
The state board of pharmacy when determining whether to do either of
the following:
(a)
Suspend a license, certification, or registration without a prior
hearing, including during meetings conducted by telephone conference,
pursuant to Chapters 3719., 3796., 4729., and 4752. of the Revised
Code and rules adopted thereunder; or
(b)
Restrict a person from obtaining further information from the drug
database established in section 4729.75 of the Revised Code without a
prior hearing pursuant to division (C) of section 4729.86 of the
Revised Code.
(9)
The state chiropractic board when determining whether to suspend a
license without a hearing pursuant to section 4734.37 of the Revised
Code;
(10)
The executive committee of the emergency response commission when
determining whether to issue an enforcement order or request that a
civil action, civil penalty action, or criminal action be brought to
enforce Chapter 3750. of the Revised Code;
(11)
The board of directors of the nonprofit corporation formed under
section 187.01 of the Revised Code or any committee thereof, and the
board of directors of any subsidiary of that corporation or a
committee thereof;
(12)
An audit conference conducted by the audit staff of the department of
job and family services with officials of the public office that is
the subject of that audit under section 5101.37 of the Revised Code;
(13)
The occupational therapy section of the occupational therapy,
physical therapy, and athletic trainers board when determining
whether to suspend a license without a hearing pursuant to division
(E) of section 4755.11 of the Revised Code;
(14)
The physical therapy section of the occupational therapy, physical
therapy, and athletic trainers board when determining whether to
suspend a license without a hearing pursuant to division (F) of
section 4755.47 of the Revised Code;
(15)
The athletic trainers section of the occupational therapy, physical
therapy, and athletic trainers board when determining whether to
suspend a license without a hearing pursuant to division (E) of
section 4755.64 of the Revised Code;
(16)
Meetings of the pregnancy-associated mortality review board
established under section 5180.27 of the Revised Code;
(17)
Meetings of a fetal-infant mortality review board established under
section 3707.71 of the Revised Code;
(18)
Meetings of a drug overdose fatality review committee described in
section 307.631 of the Revised Code;
(19)
Meetings of a suicide fatality review committee described in section
307.641 of the Revised Code;
(20)
Meetings of the officers, members, or directors of an existing
qualified nonprofit corporation that creates a special improvement
district under Chapter 1710. of the Revised Code, at which the public
business of the corporation pertaining to a purpose for which the
district is created is not discussed;
(21)
Meetings of a domestic violence fatality review board established
under section 307.651 of the Revised Code;
(22)
Any nonprofit agency that has received an endorsement under section
5101.315 of the Revised Code.
(E)
The controlling board, the tax credit authority, or the minority
development financing advisory board, when meeting to consider
granting assistance pursuant to Chapter 122. or 166. of the Revised
Code, in order to protect the interest of the applicant or the
possible investment of public funds, by unanimous vote of all board
or authority members present, may close the meeting during
consideration of the following information confidentially received by
the authority or board from the applicant:
(1)
Marketing plans;
(2)
Specific business strategy;
(3)
Production techniques and trade secrets;
(4)
Financial projections;
(5)
Personal financial statements of the applicant or members of the
applicant's immediate family, including, but not limited to, tax
records or other similar information not open to public inspection.
The
vote by the authority or board to accept or reject the application,
as well as all proceedings of the authority or board not subject to
this division, shall be open to the public and governed by this
section.
(F)
Every public body, by rule, shall establish a reasonable method
whereby any person may determine the time and place of all regularly
scheduled meetings and the time, place, and purpose of all special
meetings. A public body shall not hold a special meeting unless it
gives at least twenty-four hours' advance notice to the news media
that have requested notification, except in the event of an emergency
requiring immediate official action. In the event of an emergency,
the member or members calling the meeting shall notify the news media
that have requested notification immediately of the time, place, and
purpose of the meeting.
The
rule shall provide that any person, upon request and payment of a
reasonable fee, may obtain reasonable advance notification of all
meetings at which any specific type of public business is to be
discussed. Provisions for advance notification may include, but are
not limited to, mailing the agenda of meetings to all subscribers on
a mailing list or mailing notices in self-addressed, stamped
envelopes provided by the person.
(G)
Except as provided in divisions (G)(8) and (J) of this section, the
members of a public body may hold an executive session only after a
majority of a quorum of the public body determines, by a roll call
vote, to hold an executive session and only at a regular or special
meeting for the sole purpose of the consideration of any of the
following matters:
(1)
To consider the appointment, employment, dismissal, discipline,
promotion, demotion, or compensation of a public employee or
official, or the investigation of charges or complaints against a
public employee, official, licensee, or regulated individual, unless
the public employee, official, licensee, or regulated individual
requests a public hearing.
Except
A
public body may hold an executive session to discuss the performance
of a public employee or official but, except
as
otherwise provided by law, no public body shall hold an executive
session for the discipline of an elected official for conduct related
to the performance of the elected official's official duties or for
the elected official's removal from office. If a public body holds an
executive session pursuant to division (G)(1) of this section, the
motion and vote to hold that executive session shall state which one
or more of the approved purposes listed in division (G)(1) of this
section are the purposes for which the executive session is to be
held, but need not include the name of any person to be considered at
the meeting.
(2)
To consider the purchase of property for public purposes, the sale of
property at competitive bidding, or the sale or other disposition of
unneeded, obsolete, or unfit-for-use property in accordance with
section 505.10 of the Revised Code, if premature disclosure of
information would give an unfair competitive or bargaining advantage
to a person whose personal, private interest is adverse to the
general public interest. No member of a public body shall use
division (G)(2) of this section as a subterfuge for providing covert
information to prospective buyers or sellers. A purchase or sale of
public property is void if the seller or buyer of the public property
has received covert information from a member of a public body that
has not been disclosed to the general public in sufficient time for
other prospective buyers and sellers to prepare and submit offers.
If
the minutes of the public body show that all meetings and
deliberations of the public body have been conducted in compliance
with this section, any instrument executed by the public body
purporting to convey, lease, or otherwise dispose of any right,
title, or interest in any public property shall be conclusively
presumed to have been executed in compliance with this section
insofar as title or other interest of any bona fide purchasers,
lessees, or transferees of the property is concerned.
(3)
Conferences with an attorney for the public body concerning disputes
involving the public body that are the subject of pending or imminent
court action;
(4)
Preparing for, conducting, or reviewing negotiations or bargaining
sessions with public employees concerning their compensation or other
terms and conditions of their employment;
(5)
Matters required to be kept confidential by federal law or
regulations or state statutes;
(6)
Details relative to the security arrangements and emergency response
protocols for a public body or a public office, if disclosure of the
matters discussed could reasonably be expected to jeopardize the
security of the public body or public office;
(7)
In the case of a county hospital operated pursuant to Chapter 339. of
the Revised Code, a joint township hospital operated pursuant to
Chapter 513. of the Revised Code, or a municipal hospital operated
pursuant to Chapter 749. of the Revised Code, to consider trade
secrets, as defined in section 1333.61 of the Revised Code;
(8)
To consider confidential information related to the marketing plans,
specific business strategy, production techniques, trade secrets, or
personal financial statements of an applicant for economic
development assistance, or to negotiations with other political
subdivisions respecting requests for economic development assistance,
provided that both of the following conditions apply:
(a)
The information is directly related to a request for economic
development assistance that is to be provided or administered under
any provision of Chapter 715., 725., 1724., or 1728. or sections
701.07, 3735.67 to 3735.70, 5709.40 to 5709.43, 5709.61 to 5709.69,
5709.73 to 5709.75, or 5709.77 to 5709.81 of the Revised Code, or
that involves public infrastructure improvements or the extension of
utility services that are directly related to an economic development
project.
(b)
A unanimous quorum of the public body determines, by a roll call
vote, that the executive session is necessary to protect the
interests of the applicant or the possible investment or expenditure
of public funds to be made in connection with the economic
development project.
If
a public body holds an executive session to consider any of the
matters listed in divisions (G)(2) to (8) of this section, the motion
and vote to hold that executive session shall state which one or more
of the approved matters listed in those divisions are to be
considered at the executive session.
A
public body specified in division (B)(1)(c) of this section shall not
hold an executive session when meeting for the purposes specified in
that division.
(H)
A resolution, rule, or formal action of any kind is invalid unless
adopted in an open meeting of the public body. A resolution, rule, or
formal action adopted in an open meeting that results from
deliberations in a meeting not open to the public is invalid unless
the deliberations were for a purpose specifically authorized in
division (G) or (J) of this section and conducted at an executive
session held in compliance with this section. A resolution, rule, or
formal action adopted in an open meeting is invalid if the public
body that adopted the resolution, rule, or formal action violated
division (F) of this section.
(I)(1)
Any person may bring an action to enforce this section. An action
under division (I)(1) of this section shall be brought within two
years after the date of the alleged violation or threatened
violation. Upon proof of a violation or threatened violation of this
section in an action brought by any person, the court of common pleas
shall issue an injunction to compel the members of the public body to
comply with its provisions.
(2)(a)
If the court of common pleas issues an injunction pursuant to
division (I)(1) of this section, the court shall order the public
body that it enjoins to pay a civil forfeiture of five hundred
dollars to the party that sought the injunction and shall award to
that party all court costs and, subject to reduction as described in
division (I)(2) of this section, reasonable attorney's fees. The
court, in its discretion, may reduce an award of attorney's fees to
the party that sought the injunction or not award attorney's fees to
that party if the court determines both of the following:
(i)
That, based on the ordinary application of statutory law and case law
as it existed at the time of violation or threatened violation that
was the basis of the injunction, a well-informed public body
reasonably would believe that the public body was not violating or
threatening to violate this section;
(ii)
That a well-informed public body reasonably would believe that the
conduct or threatened conduct that was the basis of the injunction
would serve the public policy that underlies the authority that is
asserted as permitting that conduct or threatened conduct.
(b)
If the court of common pleas does not issue an injunction pursuant to
division (I)(1) of this section and the court determines at that time
that the bringing of the action was frivolous conduct, as defined in
division (A) of section 2323.51 of the Revised Code, the court shall
award to the public body all court costs and reasonable attorney's
fees, as determined by the court.
(3)
Irreparable harm and prejudice to the party that sought the
injunction shall be conclusively and irrebuttably presumed upon proof
of a violation or threatened violation of this section.
(4)
A member of a public body who knowingly violates an injunction issued
pursuant to division (I)(1) of this section may be removed from
office by an action brought in the court of common pleas for that
purpose by the prosecuting attorney or the attorney general.
(J)(1)
Pursuant to division (C) of section 5901.09 of the Revised Code, a
veterans service commission shall hold an executive session for one
or more of the following purposes unless an applicant requests a
public hearing:
(a)
Interviewing an applicant for financial assistance under sections
5901.01 to 5901.15 of the Revised Code;
(b)
Discussing applications, statements, and other documents described in
division (B) of section 5901.09 of the Revised Code;
(c)
Reviewing matters relating to an applicant's request for financial
assistance under sections 5901.01 to 5901.15 of the Revised Code.
(2)
A veterans service commission shall not exclude an applicant for,
recipient of, or former recipient of financial assistance under
sections 5901.01 to 5901.15 of the Revised Code, and shall not
exclude representatives selected by the applicant, recipient, or
former recipient, from a meeting that the commission conducts as an
executive session that pertains to the applicant's, recipient's, or
former recipient's application for financial assistance.
(3)
A veterans service commission shall vote on the grant or denial of
financial assistance under sections 5901.01 to 5901.15 of the Revised
Code only in an open meeting of the commission. The minutes of the
meeting shall indicate the name, address, and occupation of the
applicant, whether the assistance was granted or denied, the amount
of the assistance if assistance is granted, and the votes for and
against the granting of assistance.
Section
2.
That
existing section 121.22 of the Revised Code is hereby repealed.