When a Meeting Is Public
ORC 121.22 — open meetings, and what a closed one costs
Ohio's open meetings law starts from a flat statement rather than a balancing test. All meetings of any public body are public meetings open to the public at all times, and a public body takes official action and conducts deliberations on official business only in open meetings, except where the law specifically says otherwise.
Who handles this in Ohio: legal aid programs, lawyer referral and the state offices, listed in the Ohio directory.
Action taken in the wrong room is invalid, not merely improper. A resolution, rule or formal action of any kind is invalid unless adopted in an open meeting. A formal action adopted in an open meeting that results from deliberations in a meeting not open to the public is also invalid, unless those deliberations were for a purpose the section specifically authorizes and were conducted at an executive session held in compliance with the section. That is a stronger consequence than most people assume the law carries.
Executive session is the lawful way to close a door, and it is fenced. Members may hold one only after a majority of a quorum determines by roll call vote to do so, only at a regular or special meeting, and only for the sole purpose of considering specific matters the section lists. The motion and the vote have to state which of the authorized purposes the session is for, although they need not name any person to be considered.
- A majority of a quorum, by roll call vote, at a regular or special meeting.
- The motion states which listed purpose the session is for.
- It need not name the person to be considered.
- Listed purposes include personnel matters such as appointment, employment, dismissal, discipline, promotion, demotion or compensation, and the investigation of charges or complaints.
- They also include conferring with legal counsel about pending or imminent court action, and preparing for collective bargaining.
Enforcement is not reserved to anyone in particular. Any person may bring an action within two years after the date of the alleged violation or threatened violation. On proof of a violation or threatened violation the court of common pleas shall issue an injunction compelling compliance, and where it issues one it shall order the public body to pay a civil forfeiture of five hundred dollars to the party who sought the injunction, along with court costs and reasonable attorney's fees, subject to the reduction the section describes.
| The question | What 121.22 says |
|---|---|
| The questionWho may sue | What 121.22 saysAny person |
| The questionBy when | What 121.22 saysWithin two years of the violation or threatened violation |
| The questionWhat the court does on proof | What 121.22 saysShall issue an injunction |
| The questionWhat follows an injunction | What 121.22 saysFive hundred dollar civil forfeiture, costs and fees |
| The questionWhat a closed door vote is worth | What 121.22 saysInvalid |
The full list of authorized executive session purposes, the bodies the section does and does not reach, the notice rules each public body has to adopt for itself, and the circumstances in which attorney's fees are reduced are all in the section and are not reproduced here. Whether a particular gathering was a meeting of a public body at all is a contested question in its own right. The Ohio Attorney General publishes a Sunshine Laws manual covering both the open meetings and public records halves. Whether a specific action is invalid is a question for a court and for a licensed Ohio attorney.
Sources for this section (1)
- ORC 121.22 — Public meetings, executive sessions, and the exceptions
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Ohio attorney.