Worth Looking At If You Care About Hospital Deal

[Jim O'Bryan]

There are many, many, may reasons people in the City of Lakewood love or hate the
current deal changing the deal we currently have with the Cleveland Clinic. One of the
reasons people are reacting poorly is they think "Sunshine Laws" have been violated or
abused by the parties involved. I myself have hinted that it walks a very fine line in
legitimacy. Many argue, any deal done in secret cannot be good. So you tell me...

If you have questions, here are the rulings....

Two Laws Links And An Example From Ohio Courts Worth Reading.

FROM LAWRITER.com - http://codes.ohio.gov/orc/121.22

121.22 Public meetings - exceptions.

(A) This section shall be liberally construed to require public officials to take official action and to conduct all deliberations upon official business only in open meetings unless the subject matter is specifically excepted by law.

(B) As used in this section:

(1) "Public body" means any of the following:

(a) Any board, commission, committee, council, or similar decision-making body of a state agency, institution, or authority, and any legislative authority or board, commission, committee, council, agency, authority, or similar decision-making body of any county, township, municipal corporation, school district, or other political subdivision or local public institution;

(b) Any committee or subcommittee of a body described in division (B)(1)(a) of this section;

(c) A court of jurisdiction of a sanitary district organized wholly for the purpose of providing a water supply for domestic, municipal, and public use when meeting for the purpose of the appointment, removal, or reappointment of a member of the board of directors of such a district pursuant to section 6115.10 of the Revised Code, if applicable, or for any other matter related to such a district other than litigation involving the district. As used in division (B)(1)(c) of this section, "court of jurisdiction" has the same meaning as "court" in section 6115.01 of the Revised Code.

The reasons the Lakewood Hospital Association breaks to close its meetings to the public.

"RESOLVED: that the LHA Board of Trustees hereby closes the meeting in accordance with Sec. 4.10 of the Code of Regulations of LHA because public discussion or action would be detrimental to the interests of the patients of Lakewood Hospital, or the Welfare of the residents of the City of Lakewood or Lakewood Hospital."

OK, now let's look at legal history!!

From LEAGLE, we find FOX vs City of Lakewood, Ohio 1988
http://leagle.com/decision/19885839OhioSt3d19_155.xml/FOX%20v.%20CITY%20OF%20LAKEWOOD

"The legal question presented by this appeal is whether the private dinner meeting between all members of Lakewood City Council, the mayor, a few Lakewood Hospital officers, and others at which they allegedly discussed a prospective charter amendment authorizing the lease of Lakewood Hospital to a private entity constitutes a violation of any duty to hold open meetings, and, if so, whether such violation invalidates the ordinances, charter amendment, and lease with the Lakewood Hospital Association."

What do you think?



Sunshine Week
.

[Scott Meeson]

There are many, many, may reasons people in the City of Lakewood love or hate the
current deal changing the deal we currently have with the Cleveland Clinic. One of the
reasons people are reacting poorly is they think "Sunshine Laws" have been violated or
abused by the parties involved. I myself have hinted that it walks a very fine line in
legitimacy. Many argue, any deal done in secret cannot be good. So you tell me...

If you have questions, here are the rulings....

Two Laws Links And An Example From Ohio Courts Worth Reading.

FROM LAWRITER.com - http://codes.ohio.gov/orc/121.22

121.22 Public meetings - exceptions.

(A) This section shall be liberally construed to require public officials to take official action and to conduct all deliberations upon official business only in open meetings unless the subject matter is specifically excepted by law.

(B) As used in this section:

(1) "Public body" means any of the following:

(a) Any board, commission, committee, council, or similar decision-making body of a state agency, institution, or authority, and any legislative authority or board, commission, committee, council, agency, authority, or similar decision-making body of any county, township, municipal corporation, school district, or other political subdivision or local public institution;

(b) Any committee or subcommittee of a body described in division (B)(1)(a) of this section;

(c) A court of jurisdiction of a sanitary district organized wholly for the purpose of providing a water supply for domestic, municipal, and public use when meeting for the purpose of the appointment, removal, or reappointment of a member of the board of directors of such a district pursuant to section 6115.10 of the Revised Code, if applicable, or for any other matter related to such a district other than litigation involving the district. As used in division (B)(1)(c) of this section, "court of jurisdiction" has the same meaning as "court" in section 6115.01 of the Revised Code.

.

Jim,

Interesting!

A question for my own clarification:

1) If you know, is Lakewood Hospital Association considered a public body?

I also ask the question with the thought that we only have three(?) pubic officials that are on the Lakewood Hospital Association Board of Trustees. (The case that is cited involved all members of Lakewood City Council, and the mayor.)

Scott

[Jim O'Bryan]

A question for my own clarification:

1) If you know, is Lakewood Hospital Association considered a public body?

I also ask the question with the thought that we only have three(?) pubic officials that are on the Lakewood Hospital Association Board of Trustees. (The case that is cited involved all members of Lakewood City Council, and the mayor.)

Scott

There is no way I can see Lakewood Hospital Association not being a public body. It exists
because of the City Charter, answers to City Council, and carries council member on the Board.

I cannot find an exception for Lakewood Hospital Association.

But this is where "interlocking boards" come into play.

A question for my own clarification:

I also ask the question with the thought that we only have three(?) pubic officials that are on the Lakewood Hospital Association Board of Trustees. (The case that is cited involved all members of Lakewood City Council, and the mayor.)

Scott

Scott

No matter what, in the real world, they are all "legal opinions" I only mention this because
if you have the time and money, "legal opinions" can be challenged.

I have looked all over for rulings on this and it gets muddy really fast. For profit have
different rules than non-profits. Non-profits have different rules from non-profit hospitals,
which have different rules to community hospitals, and on and on.

This was the closest I have found to an actual ruling, that would indicate, it all has to be
done in public, with public meetings that are posted with enough time and notice.

This is why I posted, none of this is clean cut, but I have heard many, many, many people
assure me the meetings are I thought it might be better if people actually saw the laws
they were quoting.

.

[marklingm]

As an aside, this week is "Right to Read Week."

Ironically, next week we should all be celebrating "Your Right to Know."