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Executive Sessions Concerning Discussions of a Public Employee’s Employment Do Not Violate the Open Meetings Act

In the case of State ex rel. Ames v. Portage Cty. Bd. of Commrs., 2022-Ohio-105, the Eleventh District Court of Appeals held that the trial court’s ruling in favor of the Portage County Board of Commissioners (“Board”) was proper in appellant’s mandamus, declaratory judgment, and injunction for alleged violations of the Open Meeting Act.

Here, the appellant argued that the Board violated the Open Meetings Act (Sunshine Law). Specifically, the appellant argued that the Board considered in an executive session a subject matter that was not specifically excepted by law and that the Board failed to keep full and accurate minutes. The trial court disagreed.

The Court of Appeals reasoned that since the topic discussed in executive session involved discussions of a public employee’s employment, and employment is identified as a proper purpose for an executive session, the Board did not need to identify more than one purpose for holding the session. As such, the Court found that the Board did not violate the Open Meetings Act.

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 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.

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