In the case of Bode v. Concord Twp., 11th Dist. Lake No. 2018-L-116, 2019-Ohio-5062, an Ohio appellate court held that when a public body enters into executive session and the board minutes are deficient in identifying the purpose for entering into executive session, the public body technically violates Ohio’s Open Meetings Act (R.C. 121.22).
In this case, a township board of trustees suspended and demoted a part-time fire department lieutenant. The board of trustees discussed the suspension and demotion of the part time fire department lieutenant while in executive session. The minutes listed “personnel” matters as the reason that the township board of trustees entered into executive session.
The Ohio appellate court held that the suspension and demotion violated Ohio’s Open Meetings Act (R.C. 121.22) because the minutes did not list a statutory permissible reason for the township board of trustees to enter into executive session even though the township board of trustees discussed appropriate matters in the township board of trustees’ executive session.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.