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McGown & Markling Celebrates Sunshine Week: March 12-18, 2023

McGown & Markling represents political subdivisions and public officials throughout the State of Ohio and, frankly, we have been blessed to have clients who are dedicated to fully complying with the Ohio Sunshine Laws: The Ohio Public Records Act and The Ohio Open Meetings Act. Open and transparent government is the cornerstone of our democracy […]

“Stray Remarks” and Lack of “Opposition” or “Participation” in a Protected Activity Do Not Support Ohio Civil Rights Act Violations

In the case of Grim v. Cleveland Clinic Found., 2023-Ohio-713, an appellate court dismissed workplace racial discrimination and retaliation claims asserted by a police officer employee against a hospital employer as the employee failed to present any factual evidence in support of such claims and, instead, rested solely upon mere conclusory allegations that the employer […]

When Can a Private Party Donate to a Public Agency?

On March 9, 2023, the Ohio Ethics Commission has issued an advisory opinion which concludes that public agencies may accept gifts or payments from vendors, provided that no agency officials or employees receive any personal benefit from the donation. This opinion outlines when Ohio ethics law prohibits a donation to a public agency and clarifies […]

Open Meetings Act Upside Down-Cake: A Mix of “Vain and Useless Acts” with “OSBA Policy Reliance” Creates the Perfect Recipe for Avoiding Attorney Fee Awards

In the case of State ex rel. Crilley v. Lowellville Bd. of Edn., 2023-Ohio-775, an appellate court refused to award attorney fees against a school board that failed to identify the remote learning plan purpose of a special meeting in violation of the Open Meetings Act (“OMA”) as (1) any action taken by the school […]