AGO 1993-012.

• Case Date: June 10, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-012. June 10, 1993OPINION NO. 1993-012The Honorable George V. Voinovich Governor of Ohio 77 South High Street Columbus, Ohio 43266-0601Dear Governor Voinovich: You have requested an opinion concerning the applicability of the Open Meetings Act, R.C. 121.22, to the activities of the Industrial Commission. Your letter also mentions R.C. 4121.10 and R.C. 4121.36, which apply only to the Industrial Commission, and which separately address the manner in which the Commission is to conduct its business. Specifically described in your letter are three areas of concern regarding the Industrial Commission's activities - keeping records of Commission meetings, giving notice of such meetings, and determining whether personnel decisions, the issuance of contracts, and the adoption of budgets must occur in open meetings of the Commission.

I. Requirements of R.C. 121.22 Generally

A. Meetings of Public Bodies Must Be Open

The fundamental requirement of R.C. 121.22 is that, "[a]ll meetings of any public body are declared to be public meetings open to the public at all times." R.C. 121.22(C) (emphasis added). Failure to comply with the open meeting requirements of R.C. 121.22 results in the invalidation of certain actions of the public body. R.C. 121.22(H).(fn1) Unless excepted by statute, any entity that constitutes a "public body," as defined in R.C. 121.22(B)(1), is subject to the provisions of the Open Meetings Act.

B. Record of Meetings

Pursuant to R.C. 121.22(C): "The minutes of a regular or special meeting of any such public body shall be promptly recorded and open to public inspection. The minutes need only reflect the general subject matter of discussions in executive sessions authorized under division (G) of this section." Thus, R.C. 121.22(C) requires each public body promptly to prepare minutes of its meetings and to make those minutes open to the public.

C. Notice Requirements of R.C. 121.22

R.C. 121.22 requires that each "public body" provide for notice of its meetings,(fn2) as follows:

(F) Every public body shall, by rule, 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 may, upon request and payment of a reasonable fee, obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed. Provision 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.

Thus, a public body is required to establish, by rule, a 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." Pursuant to R.C. 121.22(H), "[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."

D. Executive Sessions Authorized by R.C. 121.22

R.C. 121.22(G) authorizes a public body to discuss certain matters in executive session, from which the public may be excluded. See generally Thomas v. Board of Trustees, 5 Ohio App. 2d 265, 268, 215 N.E.2d 434, 436 (Trumbull County 1966) ("An executive session of a governmental body is normally one which is limited to the members of the governmental body and such other persons as are specifically invited by such body to attend the meeting"). Pursuant to R.C. 121.22(G), executive sessions may be held "only at a regular or special meeting" and "for the sole purpose of the consideration of" any of the six matters set forth in R.C. 121.22(G), which may be described generally as personnel matters, the purchase or sale of property, the discussion of litigation with the attorney for the public body, collective bargaining matters, matters required to be kept confidential by federal or state law, and details of security arrangements. As required by R.C. 121.22(H), however, any resolution, rule, or formal action regarding such matters must be adopted by the public body in an open meeting. See, e.g., Angerman v. State Medical Board, 70 Ohio App. 3d 346, 591 N.E.2d 3 (Franklin County 1990) and State ex rel. Humphrey v. Adkins, 18 Ohio App. 2d 101, 247 N.E.2d 330 (Montgomery County 1969).

II. Application of R.C. 121.22 to "Public Bodies"

A. Public Bodies Generally

For purposes of R.C. 121.22, the term "public body" means, in part, "any board, commission, committee, or similar decision-making body of a state agency, institution, or authority." R.C. 121.22(B)(1) (emphasis added). As stated in R.C. 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."(fn3) Based upon this statement of legislative intent, the definition of "public body" has been broadly interpreted to include all bodies of public officials. As stated in 1992 Op. Att'y Gen. No. 92-065 at 2-268: "Generally, where, by law, the membership of a particular entity is comprised of public officials or where its duties are of a public nature, the entity is a public body for purposes of R.C. 121.22."

B. Industrial Commission as a Public Body

The duties of the Industrial Commission are set forth in various chapters within R.C. Title 41. A number of the Commission's duties are described in R.C. 4121.131, which states:

The industrial commission, in addition to the specific powers, authority, and duties vested in and imposed upon it by this chapter and [R.C. Chapters 4123, 4127, and 4131], shall commute payments of compensation and determine applications for final settlements as provided in [R.C. 4123.64 and .65], determine claims for additional award under [Ohio Const. art. II, §35], and render final determinations of disputed claims as provided in [R.C. 4123.516, .517, and .518], except as provided in [R.C. 4123.519].

Additional powers and duties of the Commission are described in R.C. 4121.03(C), which states in part:

(C) The Commission shall:

(1) Employ, promote, supervise, and remove all employees as needed in connection with the performance of its duties under this chapter and [R.C. Chapters 4123, 4127, and 4131] and may

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