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Consent Agenda Did Not Violate Open Meetings Act

In the case of State ex rel. Ames v. Portage Cty. Bd. of Comm’rs, 2020-Ohio-4359, 2020 Ohio App. LEXIS 3245, the appellate court found that the use of consent agendas by the Solid Waste Management District Board of Commissioners (SWMB to approve routine resolutions, was not in conflict with the Open Meetings Act (OMA). The SWMB was a duly established public body, its meeting minutes satisfied the requirements of R.C. 121.22(C), and the items contained in the consent agendas were stated, motions and votes were indicated, and the subject matter was accessible to the public. The failure by the county board of commissioners to include an exhibit in its email response to the requestor’s inquiry did not violate the OMA because the exhibit was maintained in the county auditor’s office, was open to the public, and was available to be provided upon request.

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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