Ohio’s new virtual meeting law revolutionizes public governance, making accessibility, transparency, and efficiency the new standard for certain public bodies statewide. On January 8th, Governor DeWine signed House Bill 257 into law, permitting certain public bodies to hold virtual meetings. Public bodies include any “board, commission, committee, council, or similar decision-making body” of state or local entities.[1] While the law provides flexibility for virtual operations, it also imposes critical procedural and policy requirements.
Enacting a Virtual Meeting Policy: Key Steps
Prior to moving virtually, Ohio Revised Code 121.221 mandates that public bodies adopt a virtual meeting policy during an in-person meeting. The policy must include:
- Notice Requirements: Provide 72-hour notice to the public, media who have requested notification, and other required parties. The notice must include the time, location, agenda, and method of meeting such as virtual or in-person.
- Public Access: Ensure public access to meetings when public attendance would otherwise be allowed. Virtual meetings must allow the public to clearly observe and hear all members, whether those members are attending in person or electronically.
- Voting Procedures: Public Bodies must conduct all votes via roll call if meeting virtually unless a unanimous consent motion is adopted.
- Advance Notification for Virtual Attendance: Require members to notify the chairperson of their intent to attend virtually at least 48 hours before the meeting.
- Ineligible Actions for Virtual Meetings: Prohibit virtual meetings for approving “major nonroutine expenditures,” “significant hiring decisions,” or meetings or hearings that involves a purpose to propose, approve, or vote on a tax issue or tax increase. The policy itself must define “major nonroutine expenditures” and “significant hiring decisions.”
- In-Person Overrides: Allow the greater of 10% or at least two members to require an in-person meeting for specific agenda items by notifying the chairperson.
Exceptions and Special Rules
The law restricts certain public bodies from meeting virtually. For example, elected public bodies and public bodies with compensated members (except for reimbursement) cannot meet virtually—this precludes county commissions, municipal councils, and boards of township trustees from meeting virtually. However, the new law provides several specific carve-outs for public bodies such as for the board members of the public employees retirement board, the board of directors of a joint economic development district, the board of trustees of the Ohio police and fire pension fund, the school employees retirement board, highway patrol retirement system, the director of agriculture may hold virtual hearings for their marketing program, state teachers retirement board, and the county engineer. Boards and commissions of local governments can also meet virtually, so long as they are not compensated. Each specified public body has its own particular rules for creating and hosting virtual meetings, and members of those public bodies should consult their respective statutes to ensure compliance with the rules outlined.
Conclusion
The virtual meeting law, effective in April, ushers in new possibilities for public bodies to enhance governance through virtual accessibility. However, compliance with the law’s detailed requirements is critical to ensure legal validity and public confidence. Those pursuing compliance should consider seeking advice in navigating these complex regulatory frameworks, including tailored assistance with drafting virtual meeting policies, guidance through implementation, and help addressing any legal or procedural questions that may arise.
[1] Ohio Revised Code Section 121.22(B)(1).
