Monday evening's Bluffton council meeting via Zoom, with no members sitting together in the same room, poses the question, "Is this a legal, open meeting?"
The answer is "Yes." The answer comes from the the Ohio attorney general's office, which has issued guidance regarding this issue.
Elliott T. Werth, Bluffton solicitor, shared the following information to the Icon:
On March 13, 2020, Attorney General Dave Yost issued a letter of guidance in regards to the issue.
His letter stated: “In this limited circumstance, where the Governor has declared a state of emergency and the Director of the Ohio Department of Health is limiting gatherings so as to prevent the spread of COVID-19, but the business of government must continue, it is reasonable to read the OMA’s ‘in person’ requirement as permitting a member of a public body to appear at a public meeting via teleconference.
This interpretation gives effect to both (Ohio Revised Code) R.C. 121.22 and R.C. 3701.13. It is also consistent with the United State Centers for Disease Control’s recent guidance, issued in response to the national COVID-19 epidemic, to use videoconferencing for meetings when possible.”
That above opinion was then placed into amended House Bill 197, which was signed into law two weeks ago. The bill specifically permits a public body to conduct meetings via teleconference, video conference or any similar electronic technology. This means that both video and audio only teleconferencing are permitted.
Access to said meetings can be via teleconferencing, live streaming, broadcast over local radio, television or public access stations.
Notice still must be provided. Notice shall be provided 24 hours before the meeting providing when, where and how to access the meeting.
During Monday's council meeting the council set dates for five committee meetings, all held using Zoom video conferencing. Those interested in attending should contact Jesse Blackburn at [email protected] to request an invitation.
Insurance Committee – Wednesday, April 15, at 10:30 a.m.
Personnel Committee – Wednesday, April 15, at 1 p.m.
Ordinance Committee – Wednesday, April 15, at 5 p.m.
Finance Committee – Thursday, April 16, at noon
Streets, Alleys, Lights, and Sidewalks Committee – Thursday, April 16, at 5 p.m.
Council Meeting – Monday, April 27, at 7 p.m.
