In the case of State ex rel. Ames v. Portage Cty. Bd. of Comms., 2019-Ohio-3237, an Ohio appellate court held that delayed start times for noticed meetings may not violate the Ohio Open Meetings Act – i.e. R.C. 121.22.
In this case, the Portage County Board of Commissioners notified the public of the time and place of all regular and special meetings but, subsequently, commenced several meetings after the notified start times. For example, one regular meeting started at 1:00 p.m. instead of the noticed time of 10:30 a.m., another regular meeting started at 1:00 p.m. instead of the noticed time of 11:00 a.m., and a special meeting started at 12:13 p.m. instead of the noticed time of 11:30 a.m. As a result, a resident initiated litigation against the county alleging that these delayed start times violated the Ohio Open Meetings Act.
While the Ohio appellate court ultimately disagreed with the resident, the court did so based upon the specific facts of this case as there was no evidence that “a delay in the commencement of a meeting fatally undermines an otherwise effective notice to the public.” Ames at ¶ 46. The result of this case may have been much different had there been evidence that the county was attempting to hide from the public.
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.