HB 481

As Introduced
136th General Assembly
   Regular Session  H. B. No. 481
        2025-2026
  Representatives Fowler Arthur, Piccolantonio
   Cosponsors: Representatives Hiner, Williams, Brennan, Sigrist, Johnson,
  Klopfenstein
  To amend section 121.22 of the Revised Code to  1
  allow a public body to meet in an executive  2
  session to discuss the performance of a public  3
  employee or official.  4
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
       Section 1. That section 121.22 of the Revised Code be  5
amended to read as follows:  6
       Sec. 121.22. (A) This section shall be liberally construed  7
to require public officials to take official action and to  8
conduct all deliberations upon official business only in open  9
meetings unless the subject matter is specifically excepted by  10
law.  11
       (B) As used in this section:  12
       (1) "Public body" means any of the following:  13
       (a) Any board, commission, committee, council, or similar  14
decision-making body of a state agency, institution, or  15
authority, and any legislative authority or board, commission,  16
committee, council, agency, authority, or similar decision-  17
making body of any county, township, municipal corporation,  18
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school district, or other political subdivision or local public  19
institution;  20
       (b) Any committee or subcommittee of a body described in  21
division (B)(1)(a) of this section;  22
       (c) A court of jurisdiction of a sanitary district  23
organized wholly for the purpose of providing a water supply for  24
domestic, municipal, and public use when meeting for the purpose  25
of the appointment, removal, or reappointment of a member of the  26
board of directors of such a district pursuant to section  27
6115.10 of the Revised Code, if applicable, or for any other  28
matter related to such a district other than litigation  29
involving the district. As used in division (B)(1)(c) of this  30
section, "court of jurisdiction" has the same meaning as "court"  31
in section 6115.01 of the Revised Code.  32
       (2) "Meeting" means any prearranged discussion of the  33
public business of the public body by a majority of its members.  34
       (3) "Regulated individual" means either of the following:  35
       (a) A student in a state or local public educational  36
institution;  37
       (b) A person who is, voluntarily or involuntarily, an  38
inmate, patient, or resident of a state or local institution  39
because of criminal behavior, mental illness, an intellectual  40
disability, disease, disability, age, or other condition  41
requiring custodial care.  42
       (4) "Public office" has the same meaning as in section  43
149.011 of the Revised Code.  44
       (C) All meetings of any public body are declared to be  45
public meetings open to the public at all times. A member of a  46
H. B. No. 481  Page 3
As Introduced
public body shall be present in person at a meeting open to the  47
public to be considered present or to vote at the meeting and  48
for purposes of determining whether a quorum is present at the  49
meeting.  50
       The minutes of a regular or special meeting of any public  51
body shall be promptly prepared, filed, and maintained and shall  52
be open to public inspection. The minutes need only reflect the  53
general subject matter of discussions in executive sessions  54
authorized under division (G) or (J) of this section.  55
       (D) This section does not apply to any of the following:  56
       (1) A grand jury;  57
       (2) An audit conference conducted by the auditor of state  58
or independent certified public accountants with officials of  59
the public office that is the subject of the audit;  60
       (3) The adult parole authority when its hearings are  61
conducted at a correctional institution for the sole purpose of  62
interviewing inmates to determine parole or pardon and the  63
department of rehabilitation and correction when its hearings  64
are conducted at a correctional institution for the sole purpose  65
of making determinations under section 2967.271 of the Revised  66
Code regarding the release or maintained incarceration of an  67
offender to whom that section applies;  68
       (4) The organized crime investigations commission  69
established under section 177.01 of the Revised Code;  70
       (5) Meetings of a child fatality review board established  71
under section 307.621 of the Revised Code, meetings related to a  72
review conducted pursuant to guidelines established by the  73
director of health under section 3701.70 of the Revised Code,  74
and meetings conducted pursuant to sections 5153.171 to 5153.173  75
H. B. No. 481  Page 4
As Introduced
of the Revised Code;  76
        (6) The state medical board when determining whether to  77
suspend a license or certificate without a prior hearing  78
pursuant to division (G) of either section 4730.25 or 4731.22 of  79
the Revised Code;  80
        (7) The board of nursing when determining whether to  81
suspend a license or certificate without a prior hearing  82
pursuant to division (B) of section 4723.281 of the Revised  83
Code;  84
        (8) The state board of pharmacy when determining whether  85
to do either of the following:  86
        (a) Suspend a license, certification, or registration  87
without a prior hearing, including during meetings conducted by  88
telephone conference, pursuant to Chapters 3719., 3796., 4729.,  89
and 4752. of the Revised Code and rules adopted thereunder; or  90
        (b) Restrict a person from obtaining further information  91
from the drug database established in section 4729.75 of the  92
Revised Code without a prior hearing pursuant to division (C) of  93
section 4729.86 of the Revised Code.  94
        (9) The state chiropractic board when determining whether  95
to suspend a license without a hearing pursuant to section  96
4734.37 of the Revised Code;  97
        (10) The executive committee of the emergency response  98
commission when determining whether to issue an enforcement  99
order or request that a civil action, civil penalty action, or  100
criminal action be brought to enforce Chapter 3750. of the  101
Revised Code;  102
        (11) The board of directors of the nonprofit corporation  103
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As Introduced
formed under section 187.01 of the Revised Code or any committee  104
thereof, and the board of directors of any subsidiary of that  105
corporation or a committee thereof;  106
       (12) An audit conference conducted by the audit staff of  107
the department of job and family services with officials of the  108
public office that is the subject of that audit under section  109
5101.37 of the Revised Code;  110
       (13) The occupational therapy section of the occupational  111
therapy, physical therapy, and athletic trainers board when  112
determining whether to suspend a license without a hearing  113
pursuant to division (E) of section 4755.11 of the Revised Code;  114
       (14) The physical therapy section of the occupational  115
therapy, physical therapy, and athletic trainers board when  116
determining whether to suspend a license without a hearing  117
pursuant to division (F) of section 4755.47 of the Revised Code;  118
       (15) The athletic trainers section of the occupational  119
therapy, physical therapy, and athletic trainers board when  120
determining whether to suspend a license without a hearing  121
pursuant to division (E) of section 4755.64 of the Revised Code;  122
       (16) Meetings of the pregnancy-associated mortality review  123
board established under section 5180.27 of the Revised Code;  124
       (17) Meetings of a fetal-infant mortality review board  125
established under section 3707.71 of the Revised Code;  126
       (18) Meetings of a drug overdose fatality review committee  127
described in section 307.631 of the Revised Code;  128
       (19) Meetings of a suicide fatality review committee  129
described in section 307.641 of the Revised Code;  130
       (20) Meetings of the officers, members, or directors of an  131
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As Introduced
existing qualified nonprofit corporation that creates a special  132
improvement district under Chapter 1710. of the Revised Code, at  133
which the public business of the corporation pertaining to a  134
purpose for which the district is created is not discussed;  135
       (21) Meetings of a domestic violence fatality review board  136
established under section 307.651 of the Revised Code;  137
       (22) Any nonprofit agency that has received an endorsement  138
under section 5101.315 of the Revised Code.  139
       (E) The controlling board, the tax credit authority, or  140
the minority development financing advisory board, when meeting  141
to consider granting assistance pursuant to Chapter 122. or 166.  142
of the Revised Code, in order to protect the interest of the  143
applicant or the possible investment of public funds, by  144
unanimous vote of all board or authority members present, may  145
close the meeting during consideration of the following  146
information confidentially received by the authority or board  147
from the applicant:  148
       (1) Marketing plans;  149
       (2) Specific business strategy;  150
       (3) Production techniques and trade secrets;  151
       (4) Financial projections;  152
       (5) Personal financial statements of the applicant or  153
members of the applicant's immediate family, including, but not  154
limited to, tax records or other similar information not open to  155
public inspection.  156
       The vote by the authority or board to accept or reject the  157
application, as well as all proceedings of the authority or  158
board not subject to this division, shall be open to the public  159
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and governed by this section.  160
       (F) Every public body, by rule, shall establish a  161
reasonable method whereby any person may determine the time and  162
place of all regularly scheduled meetings and the time, place,  163
and purpose of all special meetings. A public body shall not  164
hold a special meeting unless it gives at least twenty-four  165
hours' advance notice to the news media that have requested  166
notification, except in the event of an emergency requiring  167
immediate official action. In the event of an emergency, the  168
member or members calling the meeting shall notify the news  169
media that have requested notification immediately of the time,  170
place, and purpose of the meeting.  171
       The rule shall provide that any person, upon request and  172
payment of a reasonable fee, may obtain reasonable advance  173
notification of all meetings at which any specific type of  174
public business is to be discussed. Provisions for advance  175
notification may include, but are not limited to, mailing the  176
agenda of meetings to all subscribers on a mailing list or  177
mailing notices in self-addressed, stamped envelopes provided by  178
the person.  179
       (G) Except as provided in divisions (G)(8) and (J) of this  180
section, the members of a public body may hold an executive  181
session only after a majority of a quorum of the public body  182
determines, by a roll call vote, to hold an executive session  183
and only at a regular or special meeting for the sole purpose of  184
the consideration of any of the following matters:  185
       (1) To consider the appointment, employment, dismissal,  186
discipline, promotion, demotion, or compensation of a public  187
employee or official, or the investigation of charges or  188
complaints against a public employee, official, licensee, or  189
H. B. No. 481  Page 8
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regulated individual, unless the public employee, official,  190
licensee, or regulated individual requests a public hearing.  191
Except A public body may hold an executive session to discuss  192
the performance of a public employee or official but, except as  193
otherwise provided by law, no public body shall hold an  194
executive session for the discipline of an elected official for  195
conduct related to the performance of the elected official's  196
official duties or for the elected official's removal from  197
office. If a public body holds an executive session pursuant to  198
division (G)(1) of this section, the motion and vote to hold  199
that executive session shall state which one or more of the  200
approved purposes listed in division (G)(1) of this section are  201
the purposes for which the executive session is to be held, but  202
need not include the name of any person to be considered at the  203
meeting.  204
       (2) To consider the purchase of property for public  205
purposes, the sale of property at competitive bidding, or the  206
sale or other disposition of unneeded, obsolete, or unfit-for-  207
use property in accordance with section 505.10 of the Revised  208
Code, if premature disclosure of information would give an  209
unfair competitive or bargaining advantage to a person whose  210
personal, private interest is adverse to the general public  211
interest. No member of a public body shall use division (G)(2)  212
of this section as a subterfuge for providing covert information  213
to prospective buyers or sellers. A purchase or sale of public  214
property is void if the seller or buyer of the public property  215
has received covert information from a member of a public body  216
that has not been disclosed to the general public in sufficient  217
time for other prospective buyers and sellers to prepare and  218
submit offers.  219
       If the minutes of the public body show that all meetings  220
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and deliberations of the public body have been conducted in  221
compliance with this section, any instrument executed by the  222
public body purporting to convey, lease, or otherwise dispose of  223
any right, title, or interest in any public property shall be  224
conclusively presumed to have been executed in compliance with  225
this section insofar as title or other interest of any bona fide  226
purchasers, lessees, or transferees of the property is  227
concerned.  228
       (3) Conferences with an attorney for the public body  229
concerning disputes involving the public body that are the  230
subject of pending or imminent court action;  231
       (4) Preparing for, conducting, or reviewing negotiations  232
or bargaining sessions with public employees concerning their  233
compensation or other terms and conditions of their employment;  234
       (5) Matters required to be kept confidential by federal  235
law or regulations or state statutes;  236
       (6) Details relative to the security arrangements and  237
emergency response protocols for a public body or a public  238
office, if disclosure of the matters discussed could reasonably  239
be expected to jeopardize the security of the public body or  240
public office;  241
       (7) In the case of a county hospital operated pursuant to  242
Chapter 339. of the Revised Code, a joint township hospital  243
operated pursuant to Chapter 513. of the Revised Code, or a  244
municipal hospital operated pursuant to Chapter 749. of the  245
Revised Code, to consider trade secrets, as defined in section  246
1333.61 of the Revised Code;  247
       (8) To consider confidential information related to the  248
marketing plans, specific business strategy, production  249
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techniques, trade secrets, or personal financial statements of  250
an applicant for economic development assistance, or to  251
negotiations with other political subdivisions respecting  252
requests for economic development assistance, provided that both  253
of the following conditions apply:  254
       (a) The information is directly related to a request for  255
economic development assistance that is to be provided or  256
administered under any provision of Chapter 715., 725., 1724.,  257
or 1728. or sections 701.07, 3735.67 to 3735.70, 5709.40 to  258
5709.43, 5709.61 to 5709.69, 5709.73 to 5709.75, or 5709.77 to  259
5709.81 of the Revised Code, or that involves public  260
infrastructure improvements or the extension of utility services  261
that are directly related to an economic development project.  262
       (b) A unanimous quorum of the public body determines, by a  263
roll call vote, that the executive session is necessary to  264
protect the interests of the applicant or the possible  265
investment or expenditure of public funds to be made in  266
connection with the economic development project.  267
       If a public body holds an executive session to consider  268
any of the matters listed in divisions (G)(2) to (8) of this  269
section, the motion and vote to hold that executive session  270
shall state which one or more of the approved matters listed in  271
those divisions are to be considered at the executive session.  272
       A public body specified in division (B)(1)(c) of this  273
section shall not hold an executive session when meeting for the  274
purposes specified in that division.  275
       (H) A resolution, rule, or formal action of any kind is  276
invalid unless adopted in an open meeting of the public body. A  277
resolution, rule, or formal action adopted in an open meeting  278
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that results from deliberations in a meeting not open to the  279
public is invalid unless the deliberations were for a purpose  280
specifically authorized in division (G) or (J) of this section  281
and conducted at an executive session held in compliance with  282
this section. A resolution, rule, or formal action adopted in an  283
open meeting is invalid if the public body that adopted the  284
resolution, rule, or formal action violated division (F) of this  285
section.  286
       (I)(1) Any person may bring an action to enforce this  287
section. An action under division (I)(1) of this section shall  288
be brought within two years after the date of the alleged  289
violation or threatened violation. Upon proof of a violation or  290
threatened violation of this section in an action brought by any  291
person, the court of common pleas shall issue an injunction to  292
compel the members of the public body to comply with its  293
provisions.  294
       (2)(a) If the court of common pleas issues an injunction  295
pursuant to division (I)(1) of this section, the court shall  296
order the public body that it enjoins to pay a civil forfeiture  297
of five hundred dollars to the party that sought the injunction  298
and shall award to that party all court costs and, subject to  299
reduction as described in division (I)(2) of this section,  300
reasonable attorney's fees. The court, in its discretion, may  301
reduce an award of attorney's fees to the party that sought the  302
injunction or not award attorney's fees to that party if the  303
court determines both of the following:  304
       (i) That, based on the ordinary application of statutory  305
law and case law as it existed at the time of violation or  306
threatened violation that was the basis of the injunction, a  307
well-informed public body reasonably would believe that the  308
H. B. No. 481  Page 12
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public body was not violating or threatening to violate this  309
section;  310
       (ii) That a well-informed public body reasonably would  311
believe that the conduct or threatened conduct that was the  312
basis of the injunction would serve the public policy that  313
underlies the authority that is asserted as permitting that  314
conduct or threatened conduct.  315
       (b) If the court of common pleas does not issue an  316
injunction pursuant to division (I)(1) of this section and the  317
court determines at that time that the bringing of the action  318
was frivolous conduct, as defined in division (A) of section  319
2323.51 of the Revised Code, the court shall award to the public  320
body all court costs and reasonable attorney's fees, as  321
determined by the court.  322
       (3) Irreparable harm and prejudice to the party that  323
sought the injunction shall be conclusively and irrebuttably  324
presumed upon proof of a violation or threatened violation of  325
this section.  326
       (4) A member of a public body who knowingly violates an  327
injunction issued pursuant to division (I)(1) of this section  328
may be removed from office by an action brought in the court of  329
common pleas for that purpose by the prosecuting attorney or the  330
attorney general.  331
       (J)(1) Pursuant to division (C) of section 5901.09 of the  332
Revised Code, a veterans service commission shall hold an  333
executive session for one or more of the following purposes  334
unless an applicant requests a public hearing:  335
       (a) Interviewing an applicant for financial assistance  336
under sections 5901.01 to 5901.15 of the Revised Code;  337
H. B. No. 481  Page 13
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       (b) Discussing applications, statements, and other  338
documents described in division (B) of section 5901.09 of the  339
Revised Code;  340
       (c) Reviewing matters relating to an applicant's request  341
for financial assistance under sections 5901.01 to 5901.15 of  342
the Revised Code.  343
       (2) A veterans service commission shall not exclude an  344
applicant for, recipient of, or former recipient of financial  345
assistance under sections 5901.01 to 5901.15 of the Revised  346
Code, and shall not exclude representatives selected by the  347
applicant, recipient, or former recipient, from a meeting that  348
the commission conducts as an executive session that pertains to  349
the applicant's, recipient's, or former recipient's application  350
for financial assistance.  351
       (3) A veterans service commission shall vote on the grant  352
or denial of financial assistance under sections 5901.01 to  353
5901.15 of the Revised Code only in an open meeting of the  354
commission. The minutes of the meeting shall indicate the name,  355
address, and occupation of the applicant, whether the assistance  356
was granted or denied, the amount of the assistance if  357
assistance is granted, and the votes for and against the  358
granting of assistance.  359
       Section 2. That existing section 121.22 of the Revised  360
Code is hereby repealed.  361