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2020 008 ORDINANCE
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2020 008 ORDINANCE
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2/28/2023 8:27:37 AM
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Legislation-Meeting Minutes
Document Type
Ordinance
Number
2020 008
Date
3/16/2020
Year
2020
Title
MEETINGS DURING COVID
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the public is able to hear the discussions and deliberations of all of the members, even those who <br />are present via telephonic means. Finally, all other requirements of the OMA will apply, including <br />those that govern notice, executive session, and the taking of meeting minutes. <br />The practices outlined above would likely satisfy the requirements of the OMA. They are also <br />consistent with the spirit of R.C. 5502.24(B), which provides that if, due to a declared emergency, <br />it becomes "imprudent, inexpedient, or impossible to conduct the affairs of a local government at <br />the regular or usual place," the governing body may meet at a previously designated alternate <br />location and dispense with legal requirements that qualify as "time-consuming procedures and <br />formalities". During a declared emergency, certain OMA requirements could fall within that <br />category. <br />As a final word of unsolicited, non -legal advice: please note that the procedure outlined in this <br />letter is meant to address the unique situation with that all of Ohio is dealing with. Now is not the <br />time to rely on this guidance in order to enact legislation unrelated to the instant emergency that is <br />better reserved for the normal operations of government (e.g. to pass a new tax or enact a new <br />regulatory scheme). It is also important that county prosecutors, local law directors, and city <br />attorneys independently research whether there is any case law in their respective jurisdiction that <br />would specifically prohibit the procedure that I have outlined here. This office does not represent <br />local governments, and this letter is offered as guidance regarding our reading of the law. <br />This Office's Sunshine Law Manual addresses the modified duties of a public body during a <br />declared emergency. See, Ohio Attorney General's 2020 Sunshine Law Manual, at pgs. 107-109. <br />Further, my Office's Public Records Unit remains available for consultation. <br />Sincerely, <br />Dave Yost <br />Ohio Attorney General <br />
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