What is an Executive Session?

ANSWER:

Quick Answer - State law authorizes public bodies to utilize Executive Sessions under ORC 121.22.G. They list eight specific reasons for utilizing Executive Sessions and require that those reasons be confirmed publicly. The Milton-Union BOE follows all state laws regarding Executive Sessions, publicly advertises their meetings with the Executive Session reasons listed, and utilizes them similarly to how other District do.

Long Answer - The five members of the Board of Education are elected by the residents of the Milton-Union School District to act as the governance teams for the District. The BOE adopts policy and is the body that employs staff and the administration, and manages the liability of the District. With this duty is the requirement that the Board is informed of all different kinds of information - including some that is not able to be public for numerous reasons (defined below). Executive Sessions are utilized when they are dealing with specific issues that are not able to be public, or are not yet public information. Those specific issues are detailed in their motion to go into Executive Session, and noted on the public agenda.

This has nothing to do with transparency, as ALL decisions are made in the public and voted on in a public setting, generally after public comment is permitted. Executive Sessions are utilized to consider employment, to consider dismissal or discipline, or to consider compensation. They are also utilized to meet with their attorney to discuss disputes involving the public body that are the subject of pending court action. Or matters that are required to be kept confidential by federal law or regulations or state statutes. These situations are not public or are not made public initially, for very clear reasons.

Imagine if the BOE commented on topics that were under litigation, or specifically named names in situations where there are actions going to be made by the District or liability against the District. Those comments would open the BOE and the District up to potential legal actions. The BOE is obligated to protect the interests of the District and reduce liability, and is required to take more careful action, which sometimes requires Executive Sessions to assure this occurs.

The Executive Sessions that were scheduled this year (up to this date) by the BOE are listed below along with the agenda that clearly notes the reasoning per Ohio Revised Code. In the minutes from each meeting the BOE lists who is in the meeting along with when they went into Executive Session and when they left.

We certainly aren't going to make claims about what each Executive Session is about, but based on who is invited into them and the timelines of actions you can make a pretty good guess as to why these are necessary.

• January 11, 2024 - Recommend approval to adjourn to executive session for purposes authorized under Board of Education Policy 0166 and ORC 121.22 (G)(1) to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of an employee or official and ORC 121.22 (G)(5) matters required to be kept confidential by federal law or regulations or state statutes. https://go.boarddocs.com/oh/muev/Board.nsf/goto?open&id=CZ7PFB61CAD1

• January 16, 2024 - Recommend approval to adjourn to executive session for purposes authorized under Board of Education Policy 0166 and ORC 121.22 (G)(1) to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of an employee or official. https://go.boarddocs.com/oh/muev/Board.nsf/goto?open&id=CZ5PCC63F1BB

• January 30, 2024 - Recommend approval to adjourn to executive session for purposes authorized under Board of Education Policy 0166 and ORC 121.22 (G)(1) to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee, or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, ORC 121.22 (G)(3) conferences with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action ORC 121.22 (G)(5) matters as required to be kept confidential by federal law or regulations or state statutes. Action may follow.

  https://go.boarddocs.com/oh/muev/Board.nsf/goto?open&id=CZSLRT57DC11

• February 20, 2024 - Recommend approval to adjourn to executive session for purposes authorized under Board of Education Policy 0166 and ORC 121.22 (G)(1) to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee, or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, ORC 121.22 (G)(5) matters as required to be kept confidential by federal law or regulations or state statutes.

   https://go.boarddocs.com/oh/muev/Board.nsf/goto?open&id=CZSLYD58D19A

• March 18, 2024 - Recommend approval to adjourn to executive session for purposes authorized under Board of Education Policy 0166 and ORC 121.22 (G)(1) to consider the appointment, employment, dismissal, discipline, promotion, demotion, and compensation of an employee or official and ORC 121.22(G)(5) for a matter required to be kept confidential by federal law or rules or state statutes. https://go.boarddocs.com/oh/muev/Board.nsf/goto?open&id=C6FM9Q5970C8

• March 27, 2024 - Recommend approval to adjourn to executive session for purposes authorized under Board of Education Policy 0166 and ORC 121.22 (G)(1) to consider the appointment, employment, dismissal, discipline, promotion, demotion, and compensation of an employee or official and ORC 121.22(G)(5) for a matter required to be kept confidential by federal law or rules or state statutes. https://go.boarddocs.com/oh/muev/Board.nsf/goto?open&id=D3JMUM5CDFAF

• April 11, 2024 - Recommend approval to adjourn to executive session for purposes authorized under Board of Education Policy 0166 and ORC 121.22 (G)(1) to consider the appointment, employment, dismissal, discipline, promotion, demotion, and compensation of an employee or official and ORC 121.22(G)(5) for a matter required to be kept confidential by federal law or rules or state statutes. https://go.boarddocs.com/oh/muev/Board.nsf/goto?open&id=D3SNEE5EB92E

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ORC 121.22

(G) Except as provided in divisions (G)(8) and (J) of this section, the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters:

 (1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing. Except as otherwise provided by law, no public body shall hold an executive session for the discipline of an elected official for conduct related to the performance of the elected official's official duties or for the elected official's removal from office. If a public body holds an executive session pursuant to division (G)(1) of this section, the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in division (G)(1) of this section are the purposes for which the executive session is to be held, but need not include the name of any person to be considered at the meeting.

(2) To consider the purchase of property for public purposes, the sale of property at competitive bidding, or the sale or other disposition of unneeded, obsolete, or unfit-for-use property in accordance with section 505.10 of the Revised Code, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. No member of a public body shall use division (G)(2) of this section as a subterfuge for providing covert information to prospective buyers or sellers. A purchase or sale of public property is void if the seller or buyer of the public property has received covert information from a member of a public body that has not been disclosed to the general public in sufficient time for other prospective buyers and sellers to prepare and submit offers.

 If the minutes of the public body show that all meetings and deliberations of the public body have been conducted in compliance with this section, any instrument executed by the public body purporting to convey, lease, or otherwise dispose of any right, title, or interest in any public property shall be conclusively presumed to have been executed in compliance with this section insofar as title or other interest of any bona fide purchasers, lessees, or transferees of the property is concerned.

(3) Conferences with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action;

(4) Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment;

(5) Matters required to be kept confidential by federal law or regulations or state statutes;

(6) Details relative to the security arrangements and emergency response protocols for a public body or a public office, if disclosure of the matters discussed could reasonably be expected to jeopardize the security of the public body or public office;

(7) In the case of a county hospital operated pursuant to Chapter 339. of the Revised Code, a joint township hospital operated pursuant to Chapter 513. of the Revised Code, or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, to consider trade secrets, as defined in section 1333.61 of the Revised Code;

(8) To consider confidential information related to the marketing plans, specific business strategy, production techniques, trade secrets, or personal financial statements of an applicant for economic development assistance, or to negotiations with other political subdivisions respecting requests for economic development assistance, provided that both of the following conditions apply:

 (a) The information is directly related to a request for economic development assistance that is to be provided or administered under any provision of Chapter 715., 725., 1724., or 1728. or sections 701.07, 3735.67 to 3735.70, 5709.40 to 5709.43, 5709.61 to 5709.69, 5709.73 to 5709.75, or 5709.77 to 5709.81 of the Revised Code, or that involves public infrastructure improvements or the extension of utility services that are directly related to an economic development project.

 (b) A unanimous quorum of the public body determines, by a roll call vote, that the executive session is necessary to protect the interests of the applicant or the possible investment or expenditure of public funds to be made in connection with the economic development project.

 If a public body holds an executive session to consider any of the matters listed in divisions (G)(2) to (8) of this section, the motion and vote to hold that executive session shall state which one or more of the approved matters listed in those divisions are to be considered at the executive session.

 A public body specified in division (B)(1)(c) of this section shall not hold an executive session when meeting for the purposes specified in that division.https://codes.ohio.gov/ohio-revised-code/section-121.2