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<br />CITY OF NORTH OLMSTED <br />ORDINANCE N0. 90-10 <br />BY: COUNCILWOMAN BAHRS" <br />? <br />r <br />? <br />AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE <br />ELECTORS OF THE CITY OF NORTH OLMSTED OF AMENDMENTS TO <br />SECTION 7(a) OF ARTICLE IV AND SECTION 5 OF ARTICLE VII <br />OF THE CHARTER OF THE CITY OF NORTH OLMSTED, AND OF A <br />NEW ARTICLE XV OF THE CHARTER OF THE CITY OF NORTH <br />OLMSTED, TO PROVIDE FOR OPEN MEETINGS OF ALL PUBLIC <br />BODIES OF THE CITY OF NORTH OLMSTED WITH CERTAIN <br />ENUMERATED EXCEPTIONS FOR CLOSED EXECUTIVE SESSIONS, <br />AND DECLARING AN EMERGENCY. <br />WFEREAS, the City of North Olmsted historically held all meetings of its <br />public bodies open to all members of the public at all times, unless, for <br />legitimate reasons, the necessity to conduct an executive session, closed to <br />the public, existed; and <br />WHEREAS, the Ohio Supreme Court, in the case styled as State ex rel. <br />Plain Dealer Publishing Company v. Barnes (1988), 30 Ohio St. 3d 165, 527 N.E. <br />2d 807, in interpreting the Charter of the City of Cleveland, held that the <br />language of that city's Charter mandated that all meetings of its public <br />bodies, without exception, be held open to the public at all times; and <br />WHEREAS, the City of North Olmsted, in its Charter, has language similar <br />to that which was reviewed by the Supreme Court in the State ex rel. Plain <br />Dealer Publishing Company v. Barnes case; and <br />WHEREAS, Section 121.22 of the Ohio Revised Code provides for certain <br />enumerated matters which may properly be considered in closed executive <br />sessions, due to the confidentiality or sensitivity of the matter; and <br />WHEREAS, it is the desire of this Council to submit to the electorate a <br />proposed amendment to the City Charter, which would, in essence, incorporate <br />the statutory exceptions of Section 121.22 of the Ohio Revised Code into the <br />City of North Olmsted's Charter; <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH <br />OLMSTED, CUYAHOGA COUNTY, OHIO, TWO-THIRDS OF ALL MEMBERS CONCURRING, THAT: <br />SECTION 1: Pursuant to Article XVIII, Section 9 of the Ohio Constitution <br />and Article 12 of the Charter of the City of North Olmsted, this Council <br />suthorizes and directs that the following proposal to amend the Charter of the <br />City of North Olmsted be submitted to the electors of the City of North <br />Olmsted at an election to be held at the usual places of voting in the City on <br />Tuesday, May 8, 1990: <br />That existing Section 7(a) of Article IV of the Charter be amended to <br />read as follows: <br />1