Saturday, April 08, 2000

Council barred from meeting in secret

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BY DAN HORN
The Cincinnati Enquirer

        A state appeals court ruled Friday that Cincinnati City Council is not permitted to exclude the public from any of its meetings.

        The ruling by the Ohio 1st District Court of Appeals could change a policy that has been in place for decades.

        In a 3-0 decision, the court concluded Cincinnati's charter forbids closed-door meetings to discuss even the most sensitive personnel issues or real estate deals.

        Although Ohio law allows closed meetings on some occasions, the court found that the city charter takes precedence.

        “The city charter ... clearly specifies that the "proceedings of the council shall be public,'” wrote Judge Mark Painter, who authored the decision.

        “We believe that the charter means what it says. The language is clear and unambiguous.”

        The case went to the appeals court last year after The Cincinnati Enquirer sued the city over a closed meeting, during which council members discussed the performance of City Manager John Shirey.

        The newspaper argued that the city charter requires such meetings to be open.

        The city won the case by arguing that Ohio's Open Meetings Law, or “Sunshine Law,” allows government bodies to meet in private to dis cuss personnel issues. Hamilton County Common Pleas Judge Thomas Nurre ruled the Sunshine Law was consistent with the city charter.

        But the appeals court didn't see it that way. Judge Painter wrote that the Sunshine Law “does not alter the city charter's mandate that proceedings of council shall be public.”

        The judge rejected the city's contention that “proceedings” are not necessarily the same as “meetings.”

        “We will not twist words in such a sophistic manner,” Judge Painter wrote. “Not only is this argument feckless, it is pernicious.”

        Deputy City Solicitor Robert Johnstone said the city will ask the Ohio Supreme Court to overturn the appeals court's ruling.

        “Our conclusion is the court of appeals' decision is flawed,” Mr. Johnstone said.

        Mr. Shirey said council routinely holds closed executive sessions — about one or two a month — to discuss personnel issues, real estate deals, litigation or other sensitive matters.

        If those meetings were open, he said, it would be more difficult to do business because negotiations and legal strategies would be revealed to the public.

        “I certainly hope the decision is going to be overturned by the supreme court,” Mr. Shirey said. “It's very bad from the standpoint of government being able to do business in any kind of reasonable way.”

        The Enquirer's attorney, John Greiner, said the case is not about whether Ohio law allows cities to hold private meetings. He said the issue is whether Cincinnati's charter allows it here.

        “The charter is clear,” he said. “There's no provision in the charter for an executive session.”

        Judge Painter's ruling notes that several other Ohio cities have similar provisions in their charters, and in each case those cities have been forbidden to hold private meetings.

        If the appeals court decision survives the Ohio Supreme Court, city officials will have only one option if they want to hold closed meetings: let voters decide whether they want to change the charter.

       

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