Virtual meetings measure now signed into law; public bodies must act to implement changes

Public bodies interested in meeting virtually under a new state law have another two months within which to prepare for the measure before it goes live.

H.B. 257, a bill enacted at the conclusion of the 2023-24 General Assembly session and signed by Ohio Gov. Mike DeWine shortly afterward, is set to take effect in early April. It makes exceptions to Ohio’s Open Meetings Act by authorizing generally unelected, unpaid public bodies to meet virtually or have some members attend and vote virtually, as long as precautions are made that ensure openness and accountability.

The act requires public bodies that are eligible and interested in meeting virtually to adopt a policy that fulfills the law’s obligations in advance of conducting any such meetings. The policy must include measures to ensure adequate public and media notice for regular and emergency meetings, the ability for members of the public to attend the meeting, and a way for the public to view the meeting — for example, by internet, cable or public access livestreaming. Additionally, any virtual meeting policy adopted by the body must include definitions of major nonroutine expenditures or significant hiring decisions, which are subjects that are not permitted to be acted upon in virtual meetings.

Virtual meetings won’t be allowed for every public body that’s otherwise subject to the Open Meetings Act. Namely, deliberative bodies whose members are elected by the general public or compensated for their service --- think councilmembers in non-chartered municipalities, township trustees, and many statutory-entity board members — may not meet virtually. (Councilmembers in chartered municipalities do not need to follow the Open Meetings Act in the first place, so long as their charters permit deviation from the act.) Additionally, virtual meetings are forbidden if the subject of the meeting is to mull a tax issue or increase, or if enough members of the body demand an in-person meeting in place of the scheduled virtual meeting.

H.B. 257 also governs how virtual meetings are to be conducted, including generally requiring roll-call votes and obligating members of the public body to stay on camera at all times. You’ll find a helpful final analysis of the law prepared by the Legislative Service Commission here.

The new virtual-meetings act becomes effective April 8. Meanwhile, please lean on any of our attorneys in the Public Law group for assistance with your compliance efforts or with questions on the reach of the act. We count a number of current and former elected and appointed public officials, in-house law directors and special public counsel among our ranks and are in a great position to help with these questions.