There are six valid reasons for holding
an executive session. The vote to go into executive sessions must be a roll
call vote.
(A)
The motion and vote must specify the purpose(s) of the
executive session, i.e., "To consider the purchase of property." If the
specified purpose is to discuss one of the personnel - related matters governed
by division (G)(1) of section
121.22 of the Revised Code -
listed in
paragraph (A)(1) of this rule - the public body must
specify which of the listed purposes it is going into executive session to
discuss, i.e., "To discuss the dismissal of an employee." The motion need not
name the person who is to be discussed. It is not sufficient to move for
executive session to discuss "personnel." The motion or vote should specify one
or more of the purposes set forth in
paragraph (A)(1) of this rule.
(1)
To consider the
appointment, employment, dismissal, discipline, promotion, demotion or
compensation of a public employee or official, or the investigation of charges
or complaints against a public employee, official, licensee, or regulated
individual, unless the employee, official, licensee, or regulated individual
requests a public hearing by division (G)(1) of section
121.22 of the Revised
Code.
(2)
To consider the purchase of property (both real and
personal, tangible or intangible! or to consider the sale of property (either
real or personal) by competitive bid if disclosure of the information would
give a competitive advantage to the other side by division (G)(2) of section
121.22 of the Revised
Code.
(3)
Conferences with the public body's attorney concerning
pending or imminent court action by division (G)(3) of section
121.22 of the Revised Code.
Court action is "pending" if a suit has been commenced: court action is
"imminent" if it is on the point of happening or impending.
(4)
Preparing for,
conducting, or reviewing collective bargaining strategy by division (G)(4) of
section 121.22 of the Revised
Code.
(5)
Matters required to be kept confidential by federal
law, federal rules, or state statutes by division (G)(5) of section
121.22 of the Revised
Code.
(6)
Specialized details of security arrangements where
disclosure of the information to be discussed in executive session might reveal
information that could be used to commit, or avoid prosecution for, a violation
of the law by division (G)(6) of section
121.22 of the Revised
Code.
(B)
Restrictions on the use of executive sessions.
(1)
Provisions
allowing executive sessions are to be strictly construed in favor of
openness.
(2)
The public body has the burden of demonstrating that
one of the statutory exceptions allows the executive session.
(3)
Only deliberation
upon the excepted subjects can be held in executive session. Decision - making
must still be carried out in public.
(4)
Even where non -
excepted matters are so "intertwined" with matters allowed to be discussed in
executive session, the non - excepted matters may not be discussed in
secret.
(5)
A court may look beyond the expressly stated reason for
holding an executive session in order to find an implied or circumstantial
violation.