Rule No. 47 Notification of Meetings to the Public and News Media
(a) Purposes. This Rule No. 47 is adopted pursuant to Ohio R.C. 121.22(F) for the purposes of:
(1) Establishing a reasonable method for any person to determine the time and place of all regularly scheduled meetings and the time, place and purpose of all special meetings;
(2) Making provisions for giving advance notice of special meetings to the news media that have requested notification; and
(3) Making provisions for persons to request and obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed.
This Rule No. 47 applies to each Municipal body and is in addition to any applicable legal requirements as to notices to members of a Municipal body or to others in connection with specific meetings or specific subject matters.
(b) Definitions. As used in this Rule No. 47:
(1) “Clerk” means the Clerk of Council.
(2) "Day" means a calendar day.
(3) "Meeting" means any prearranged discussion of the public business of a Municipal body by a majority of the members of the Municipal body.
(4) "Municipal body" means Council, such departments, divisions, boards and commissions of the City as are established in the City Charter, in these Codified Ordinances or in any ordinance or resolution of Council, any other agency of government that Council may determine that this Rule No. 47 applies to, and committees of the aforesaid Municipal bodies comprised of members of such bodies if such committees are comprised of a majority of the members of the main Municipal body or are decision-making committees.
(5) "Oral notification" means notification given orally, either in person or by telephone, directly to the person for whom such notification is intended, or by leaving an oral message for such person at the address, or if by telephone at the telephone number, of such person as shown on the records kept by the Clerk under this Rule No. 47.
(6) "Post" means to post in an area accessible to the public during the usual business hours at the office of the Clerk and at the locations provided in Section 113.01 of these Codified Ordinances.
A notice identifying the locations at which notifications will be posted pursuant to this Rule No. 47 shall be published by the Clerk within ten calendar days after the adoption of this Rule No. 47.
(7) "Published" means published once in a newspaper having a general circulation in the Municipality, as defined in Ohio R.C. 7.12, except that no portion of such newspaper need be printed in the Municipality. If, at the time of any such publication, there is no such newspaper of general circulation, then such publication shall be in a newspaper then determined by the Clerk to have the largest circulation in the Municipality. An alternative may be publication in an existing official City record, bulletin or newspaper.
(8) "Special meeting" means a meeting which is neither a regular meeting nor an adjournment of a regular or special meeting to another time or day to consider items specifically stated on the original agenda of such regular or special meeting.
(9) "Written notification" means notification in writing mailed, telegraphed or delivered to the address of the person for whom such notification is intended as shown on the records kept by the Clerk under this Rule No. 47, or in any way delivered to such person. If mailed, such notification shall be mailed by first-class mail, deposited in a U. S. Postal Service mailbox not later than the second day preceding the day of the meeting to which such notification refers, provided that at least one regular mail delivery day falls between the day of mailing and the day of such meeting.
(c) Notice of Regular and Organizational Meetings.
(1) The Clerk shall post a statement of the time(s) and place(s) of regular meetings of each Municipal body for each calendar year not later than the second day preceding the day of the first regular meeting (other than the organizational meeting) of the calendar year of that Municipal body. The Clerk shall check at reasonable intervals to ensure that such statement remains so posted during such calendar year. If at any time during the calendar year the time or place of regular meetings, or of any regular meeting, is changed on a permanent or temporary basis, a statement of the time and place of such changed regular meetings shall be so posted by the Clerk at least twenty-four hours before the time of the first changed regular meeting.
(2) The Clerk shall post a statement of the time and place of any organizational meeting of a Municipal body at least twenty-four hours before the time of such organizational meeting.
(3) Upon the adjournment of any regular or special meeting to another day, the Clerk shall promptly post notice of the time and place of such adjourned meeting.
(4) In addition to the posting of the statements as provided in subparagraphs (1) and (2) hereof, the Clerk shall cause to be published once a statement of the time(s) and place(s) of regular meetings for the calendar year of each Municipal body, a statement of the time and place of any changed regular meetings, and a statement of the time and place of any organizational meeting of a Municipal body. Such publication shall occur not later than the day preceding the day of the first such regular meeting of the calendar year, the day preceding the day of the first changed regular meeting, and the day preceding the day of any such organizational meeting, as the case may be.
(d) Notice of Special Meetings.
(1) Except in the case of a special meeting referred to in subsection (e)(4) hereof, the Clerk shall, not later than twelve hours before the time of a special meeting of a Municipal body, post a statement of the time, place and purposes of such special meeting.
(2) The statement under this subsection (d) and the notifications under subsection (e) hereof shall state such specific or general purpose or purposes then known to the Clerk to be intended to be considered at such special meeting and may state, as an additional general purpose, that any other business as may properly come before such Municipal body at such meeting may be considered and acted upon.
(3) In addition to the posting of the statement as provided in subparagraph (1) hereof, the Clerk shall attempt to cause to be published once, not later than twelve hours prior to the time of a special meeting of a Municipal body, a statement of the time, place and purposes of such special meeting.
(e) Notice to News Media of Special Meetings.
(1) Any news medium organization that desires to be given advance notification of special meetings of a Municipal body shall file with the Clerk a written request therefor. Except in the event of an emergency requiring immediate official action, as referred to in subparagraph (4) hereof, a special meeting shall not be held unless at least twenty-four hours advance notice of the time, place and purpose of such special meeting is given to the news media that have requested such advance notification in accordance with subparagraph (2) hereof.
(2) News media requests for such advance notification of special meetings shall specify: the Municipal body that is the subject of such request; the name of the medium; the name and address of the person to whom written notifications to the medium may be mailed, telegraphed or delivered; and the names, addresses and telephone numbers (including addresses and telephone numbers at which notifications may be given either during or outside of business hours) of at least two persons, to either one of whom oral notifications to the medium may be given, and at least one telephone number which the request identifies as being manned and which can be called at any hour for the purpose of giving oral notification to such medium. Any such request shall be effective for one year from the date of filing the same with the Clerk or until the Clerk receives written notice from such medium canceling or modifying such request, whichever is earlier. Each requesting news medium shall be informed of such period of effectiveness at the time it files its request. Such requests may be modified or extended only by filing a complete new request with the Clerk. A request shall not be deemed to be made unless it is complete in all respects, and such request may be conclusively relied upon by the City, the Municipal body that is the subject of such request, and the Clerk.
(3) The Clerk shall give such oral notification or written notification, or both, as the Clerk determines, to the news media that have requested such advance notification, in accordance with subparagraph (2) hereof, of the time, place and purposes of each special meeting, at least twenty-four hours prior to the time of such special meeting.
(4) In the event of an emergency requiring immediate official action, a special meeting may be held without giving twenty-four hours advance notification thereof to the requesting news media. The persons calling such meeting, or any one or more of such persons or the Clerk on their behalf, shall immediately give oral notification or written notification, or both, as the person or persons giving such notification determine, of the time, place and purposes of such special meeting to such news media that have requested such advance notification in accordance with subparagraph (2) hereof. The minutes or the call, or both, of any such special meeting shall state the general nature of the emergency requiring immediate official action.
(f) Notification of Discussion of Specific Types of Public Business.
(1) Any person, upon written request and as provided herein, may obtain reasonable advance notification of all meetings at which any specific type of public business is scheduled to be discussed. Such person may file a written request with the Clerk specifying: the person's name and the address(es) and telephone number(s) at or through which the person can be reached during and outside of business hours; the specific type of public business the discussion of which the person is requesting advance notification of; the Municipal body that is the subject of such request; and the number of calendar months (not to exceed twelve) which the request covers. Such request may be canceled by request from such person to the Clerk. Each such written request must be accompanied by cash, or a check or money order payable to the City, in the amount of five dollars ($5.00) for each month covered by the request, which amount has been determined by Council to represent a reasonable fee to cover costs of providing such advance notification. Such requests may be modified or extended only by filing a complete new request with the Clerk. A request shall not be deemed to be made unless it is complete in all respects, and such request may be conclusively relied upon by the City, the Municipal body that is the subject of such request, and the Clerk.
(2) The Clerk shall, if possible, give such advance notification under this subsection by written notification. If such written notification cannot be given or has not been given, the Clerk shall give oral notification. The contents of written notification under this subparagraph (2) may be a copy of the agenda of the meeting. Written notification under this subparagraph (2) may be accomplished by giving advance written notification, by copies of the agendas, of all meetings of the Municipal body that is the subject of such request.
(g) General Regulations.
(1) Any person may visit or telephone the office of the Clerk during that office’s regular office hours to determine, based on information available at that office, the time and place of regular meetings; the time, place and purposes of any then known special meetings; and whether or not the available agenda of any future meeting states that any specific type of public business, identified by such person, is to be discussed at such meeting.
(2) Any notification provided herein to be given by the Clerk may be given by any person acting on behalf of or under the authority of the Clerk.
(3) A reasonable attempt at notification shall constitute notification in compliance with this Rule No. 47.
(4) At the commencement of each meeting, the Clerk or a member of the Municipal body shall submit a certificate of the Clerk as to compliance with this Rule No. 47 as to notice and notification. Such certificate shall be conclusive evidence as to the facts set forth herein, upon which all person can rely, that this Rule No. 47 has been complied with.
(5) The Clerk shall maintain a record of the date and manner, and time if pertinent under this Rule No. 47, of all actions taken with regard to notices and notifications under subsections (d), (e) and (f) hereof and shall retain copies of proofs of publication of any notifications or notices published thereunder.
(6) To better ensure compliance with this Rule No. 47 as to notice and notification, it shall be the responsibility of the Chairman or Secretary of a Municipal body other than Council, or the person or persons calling the meetings, to timely advise the Clerk of future meetings and the subject matters to be discussed thereat, of such Municipal body.
(Ord. 17-76. Passed 2-24-76.)