The Sunshine Laws are not that hard to follow, folks.
And, yet again, City Council is planning on going into executive session in violation of R.C. 121.22(G)(2).
As stated before, City Council simply can't go into executive session under the sale of property because there is no sale of the Lakewood Hospital property anticipated by City Council nor is there a competitive bid for said sale. And what are we - the taxpayers - purchasing?
The current version of R.C. 121.22(G)(2) provides that:
Except as provided in divisions (G)(8) and (J) of this section, the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters:
***
(2) To consider the purchase of property for public purposes, or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. No member of a public body shall use division (G)(2) of this section as a subterfuge for providing covert information to prospective buyers or sellers. A purchase or sale of public property is void if the seller or buyer of the public property has received covert information from a member of a public body that has not been disclosed to the general public in sufficient time for other prospective buyers and sellers to prepare and submit offers.
If the minutes of the public body show that all meetings and deliberations of the public body have been conducted in compliance with this section, any instrument executed by the public body purporting to convey, lease, or otherwise dispose of any right, title, or interest in any public property shall be conclusively presumed to have been executed in compliance with this section insofar as title or other interest of any bona fide purchasers, lessees, or transferees of the property is concerned.
http://codes.ohio.gov/orc/121.22v1
From City Hall (enclosure omitted):
From: Hagan, Mary [mailto:Mary.Hagan@lakewoodoh.net]
Sent: Friday, August 14, 2015 9:49 AM
To: Hagan, Mary
Subject: C.O.W. 8/17/15
Notice enclosed & attached
Issued 8/14/15
NOTICE
COMMITTEE OF THE WHOLE
The Committee of the Whole will meet Monday, August 17, 2015, at 6:00 PM. in the Auditorium of Lakewood City Hall, 12650 Detroit Avenue, Lakewood, Ohio. The agenda is as follows:
General conversation about the Letter of Intent submitted to Council by the Lakewood Hospital Association (LHA), the Lakewood Hospital Foundation (LHF), and Cleveland Clinic (referred 1/20/15), including the potential purchase of property and/or sale of real or personal property by competitive bid if disclosure of the information would result in a competitive advantage to the person whose personal, private interest is adverse to the general public interest and pending litigation. A motion to enter executive session will likely be made.
Mary Louise Madigan, Chair
COMMITTEE OF THE WHOLE