Legal Question in Legal Ethics in Ohio

Re: executive session

It is not clear whether you are talking about a board of trustees for a public body (like a State University, or a Township, for example) or some other entity.

If the entity is governed by Ohio Sunshine laws, then the fact pattern you describe brings up two issues. First, did the public body adjourn into executive session for a legal purpose? Examples of legal purposes to adjourn into executive session include to discuss pending litigation or to make personnel decisions. The second issue is whether the public body is limiting the discussions in executive session to those topics that are legitimately the subject of executive session litigation. If not, then the discussions would violate the Ohio Sunshine laws.

I find in extremely unusual for a public body to adjourn into executive session and never come out of that session for weeks. Public bodies are not permitted to take action in executive session. Therefore, they would not be able to approve minutes, authorize expenditures, adopt ordinances or resolutions, or make any other "official" decisions while in executive session. Therefore, either you are misinformed about what is going on or this is an extremely unusual circumstance.

Anyone can file suit to enforce the Ohio Sunshine laws --- but it can be expensive litigation. If you win, you might be able to force the public body to repay your attorney fees, but there is no guarantee that you will win or that the Court will order the public body to pay your legal fees.

Thank you for sharing this interesting issue. If I can help, please do not hesitate to contact me.

Rich Cline

Re: executive session

Probably not. If it is a non-profit organization, it would be governed by a Constitution or By-Laws. These would be controlling. If it is a public agency, I cannot imagine a scenario that this would work properly.

What is your interest in this issues?