State ex rel. Chrisman v. Clearcreek Twp.
2013 Ohio 2396
Ohio Ct. App.2013Background
- This is an appeal of a trial-court summary-judgment decision in an Open Meetings Act (OMA) case.
- Relator Jack Chrisman alleges that pre-meeting meetings of Clearcreek Township trustees with the Township Administrator violated the OMA by enabling deliberations not open to the public.
- Pre-meetings occurred up to 30 minutes before public Township meetings, with the door open, involving review of the upcoming agenda.
- The trial court granted summary judgment for the Township and Trustees, finding the pre-meetings were information-gathering and not in violation of the OMA.
- The court of appeals undertook de novo review and found genuine issues of material fact regarding whether the pre-meetings were prearranged or involved deliberations, reversing and remanding on the summary-judgment rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pre-meeting trustee discussions violated the OMA | Chrisman argues pre-meetings were prearranged and involved deliberations. | The Township and Trustees contend pre-meetings were informal, not scheduled, and only information gathering; no formal action occurred. | Issue of fact exists; summary judgment improper; remand for fact-finder to resolve deliberation vs. information-gathering. |
Key Cases Cited
- Springfield Local School Dist. Bd. of Edn. v. Ohio Assn. of Pub. School Emp., Local 530, 106 Ohio App.3d 855 (9th Dist.1995) (deliberations involve weighing reasons for/against a measure; not mere Q&A)
- Holeski v. Lawrence, 85 Ohio App.3d 824 (11th Dist.1993) (deliberations require more than information gathering)
- Cincinnati Enquirer v. Cincinnati Bd. of Edn., 192 Ohio App.3d 566 (1st Dist.2011) (information gathering vs. deliberations in public-body context)
- Steingass Mechanical Contracting, Inc. v. Warrensville Hts. Bd. of Edn., 151 Ohio App.3d 321 (8th Dist.2003) (establishes permissible ministerial information gathering)
- Carver v. Deerfield Twp., 139 Ohio App.3d 64 (11th Dist.2000) (pre/post agenda discussions; delineates deliberation scope)
- State ex rel. Hardin v. Clermont Cty. Bd. of Elections, 2012-Ohio-2569 (12th Dist.2012) (OMA liberal construction; public meetings open to public)