Ohio Sunshine Laws

5.1 Overview #

Ohio's Sunshine Laws consist of two statutes: the Open Meetings Act (ORC 121.22) and the Public Records Act (ORC 149.43). Together they require village government to be conducted in public. The public has a right to watch its government deliberate and to inspect the records it produces.

Every elected official in Ohio must complete three hours of Sunshine Law training per term of office (ORC 109.43). This is mandatory. The Ohio Attorney General's office provides training sessions throughout the state. Failure to complete the training does not remove an official from office, but it does leave the village exposed to avoidable violations.

5.2 Open Meetings Act #

All meetings of any public body must be open to the public. There are no exceptions to this rule outside the narrow grounds for executive session.

What counts as a "meeting"

A "meeting" is any prearranged gathering of a majority of members of a public body to discuss public business (ORC 121.22(B)(2)). The location and format do not matter.

• For a six-member council, four members discussing village business in any setting constitutes a meeting.
• For a five-member council, three members.
• Informal gatherings, email chains, text message threads, and social events all qualify if a majority discusses public business.

Attendance and voting

Members must be physically present to vote or be counted toward a quorum (ORC 121.22(C)). Virtual attendance is not permitted for voting unless a specific statutory exception applies.

Notice requirements

• Regular meetings. The public body must establish a reasonable method of notice by rule or resolution (ORC 121.22(F)).
• Special meetings. Reasonable advance notice is required. Twenty-four hours is commonly cited as the minimum.
• Emergency meetings. As much notice as is reasonable under the circumstances.

Minutes

Minutes must be full and accurate, promptly prepared, filed, and available for public inspection (ORC 121.22(C)). The clerk is responsible for preparing and maintaining them.

5.3 Executive Sessions #

Executive session is a closed portion of an otherwise public meeting. It is permitted only for the specific reasons listed in ORC 121.22(G)(1)-(8).

Permitted reasons

1. Personnel matters. Appointment, employment, dismissal, discipline, or compensation of a public employee. This does not include discussion of elected officials' compensation.
2. Property transactions. Purchase or sale of property when competitive or bargaining reasons require secrecy.
3. Pending or imminent litigation. Conference with the public body's attorney.
4. Collective bargaining.
5. Confidential matters. Matters required to be kept confidential by federal or state law.
6. Security arrangements. Details of security plans and infrastructure.
7. Hospital trade secrets.
8. Economic development. Confidential business information related to economic development proposals.

Procedure

1. A member makes a motion in public session citing the specific statutory reason or reasons.
2. A roll call vote is taken. A majority must approve.
3. The body enters executive session.
4. No votes or official decisions may be made in executive session.
5. The body reconvenes in public session before taking any official action.

No minutes of the executive session content are required. However, the motion, the roll call vote, and the stated reasons are part of the public record and must appear in the regular meeting minutes.

Penalties for violation

• Any action taken in violation of the Open Meetings Act is void (ORC 121.22(H)).
• A court may issue an injunction against further violations.
• A member who violates an injunction may be removed from office (ORC 121.22(I)(4)).

5.4 Public Records Act #

A "public record" is any document, device, or item created, received, or sent by a public office, regardless of physical format. This includes paper documents, electronic files, email, text messages, and voicemail.

Requesting records

• Any person may request public records. The requester does not need to state a reason.
• The public office must respond within a reasonable period of time (ORC 149.43(B)(1)).

Fees

• The village may charge only the actual cost of making copies.
• No charge for staff time spent searching for or preparing records.
• Electronic records should be provided at no cost or minimal cost.

Exemptions

Certain categories of records are exempt from disclosure. The most relevant to villages include:

• Medical records
• Security and infrastructure records
• Personnel records (basic employment information IS public; evaluations, disciplinary records, and medical information may be exempt)
• Trial preparation records
• Records protected by attorney-client privilege
• Social Security numbers (must be redacted before release)

When a record contains both exempt and non-exempt information, the village must redact the exempt portions and release the rest. Denying the entire record because part of it is exempt is a violation.

Penalties

A court may award damages of $100 per business day the record is withheld, up to $1,000, plus the requester's attorney fees (ORC 149.43(C)).

Records retention

Every village must adopt a records retention schedule. The Municipal Records Commission (ORC 149.39) reviews and approves these schedules. Records may not be destroyed without following the adopted schedule.

Written policy

Every public office must maintain a written public records policy (ORC 149.43(E)). The policy must be available to the public and should describe how records requests are handled.

5.5 Common Sunshine Law Mistakes in Small Villages #

Most Sunshine Law violations in small villages are not intentional. They happen because the rules apply more broadly than people expect. The following mistakes come up repeatedly.

• Discussing village business at social gatherings. If a majority of council members are present at a party, a funeral, or a community event and begin talking about village business, that conversation is an illegal meeting. Members must be aware of who else is present and avoid these discussions.
• Group text or email chains. A text thread or email chain where a majority of council members discuss village business outside of a meeting violates the Open Meetings Act. It does not matter that the discussion is informal or brief. Reply-all emails are especially dangerous.
• Failing to keep minutes of committee meetings. Committees and subcommittees of council are subject to the Open Meetings Act. Their meetings must be noticed, open, and documented with minutes.
• Delaying public records responses because the clerk is part-time. The obligation to respond within a reasonable time applies regardless of staffing. A part-time schedule is not a defense. The clerk should have a plan for handling requests that arrive between working days.
• Denying requests for email or text messages. Text messages and emails about village business are public records, even if they are on a personal phone or personal email account. The format and device do not determine whether a record is public. The content does.
• Denying an entire record instead of redacting. When a record contains some exempt information, the village must redact the exempt portions and release everything else. Withholding the entire document is a violation.
• Not completing mandatory Sunshine Law training. Every elected official must complete three hours of training every term. This is not optional. The clerk should track completion and remind officials of the deadline.