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Councilman backtracks on closed-door agreement
(by Joseph Koziol Jr. - March 24, 2011)
Councilman backtracks on closed-door agreement
By JOSEPH KOZIOL JR.
Chardon city officials are promising to correct what they termed a "mistake," but their action could be considered a violation of the law.
That questionable action dealt with what is permitted when government bodies meet behind closed doors, also known as executive sessions.
When Chardon City Council returned from a closed-door session two weeks ago, Council President Philip King made an announcement. "Council has discussed this matter in executive session, and council is in complete agreement that we have decided and plan on hiring them back," he said.
Mr. King made the announcement after council met behind closed doors to review the possible hiring back of three administrators who were planning retirements.
While government officials are allowed to meet on a limited number of subjects outside of the public view, the Ohio Sunshine Law states that no votes or decisions can be made behind closed doors.
"You can't vote or make any decision in executive session," Brittany Elking, a public information officer with the Ohio Auditor's Office, said last week.
The Ohio Attorney General's website states: "No votes may be taken or decisions made on the matter(s) discussed during the executive session. Members would have to reconvene their meeting and then openly conduct a vote."
Chardon Law Director James Gillette said Mr. King clearly misspoke when he made the statement. "It was a mistake on his part," he said. "We won't make that mistake again."
Mr. Gillette, who guides the city in legal matters, said what occurred behind closed doors probably was more of an "agreement" in which council members expressed their feelings about a matter that was discussed. Those expressions are not a legal action and are not legally binding, he said.
"After the discussion, there is a belief that, when it comes up to a vote, that we will take this action to approve," Mr. Gillette said. It is a consensus, but a meaningless one, he said.
He used a hypothetical situation to illustrate his point, saying council may meet behind closed doors to discuss the hiring of three part-time police officers. Council members discuss the prospective hirings, then express their feelings on whether it is acceptable. He said officials then reconvene in open session and vote.
Mr. King said he was unaware that his statement would appear to be an admission of guilt. "It was completely innocent," he said.
He said council saved formal action on those discussions for open session, directing the city manager to work out a transitional employment agreement with an administrator and setting public hearings for two other administrators.
"It was an inadvertent omission on my part, and it won't happen again," Mr. King said. "We'll make an extra effort so it doesn't happen again," he said. "We'll be more careful."
Last year, public officials were required to take a seminar to better educate themselves on the state's open government laws. But the required training also allowed officials to send delegates rather than attend the informational sessions themselves.
In Chardon, council chose to send Clerk of Council Amy Day. She was the city's only representative to attend. She said the seminar focused primarily on public records requests and she was not required to pass the information on to other officials.
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