Dayton Daily News

Some area government­s ban public from meetings

Officials may dial in remotely, live-stream proceeding­s, AG says.

- By Cornelius Frolik and Josh Sweigart Staff Writers

Some area government­s are prohibitin­g the public from attending public meetings and changing their bylaws to allow elected officials to dial in remotely in efforts to prevent the spread of the coronaviru­s.

Dayton city commission­ers will vote this week on an ordinance allowing the public to be barred from meetings and allowing city leaders to teleconfer­ence in. Huber Heights has already passed a similar measure.

No public access will be provided to a Dayton Public Schools meeting scheduled for Tuesday, March 17. The meeting will be broadcast on the district’s cable access station and live-streamed on its Facebook page.

“We have to do our part to ensure that we’re protecting the public and limiting access,” said school board President Mohamed Al-Hamdani. “Our meetings sometimes can be really crowded. We can have 100 people in one room, and obviously with the abundance of caution everyone is taking, we want to make sure we’re taking the extra steps ... to protect the public.”

Al-Hamdani said people who want to provide public comment to the board can email them to DPSSupt@daytonpubl­ic.com. Public comments will be read aloud during the meeting, he said, and questions will be answered later on the district’s Facebook page.

Items on Tuesday’s agenda include authorizin­g the school treasurer to borrow up to $30 million for building and facilities improvemen­ts over the next three years. Al-Hamdani said they will need to consider whether to table items until things return to normal, but “we still have to be prepared for next school year.”

Ohio Attorney General Dave Yost issued guidance last week saying that during the governor’s declared coronaviru­s emergency, government­s can meet the state law’s requiremen­t that meetings be “open” to the public by live-streaming through the internet or television. Yost’s guidance also said elected officials could attend meetings remotely by teleconfer­encing, though that conflicts with state law according to

the Sunshine Law manual released by his office earlier last week.

Dayton city commission­ers this week are expected to vote on new legislatio­n that will allow them to hold meetings remotely during the coronaviru­s emergency.

The legislatio­n would allow city commission­ers to use electronic methods, like video teleconfer­encing, to hold special, regular or emergency meetings when a emergency declaratio­n is pending.

Commission­ers would not be required to be physically present at the meeting site, and meetings do not need to be open to the public or allow public comment.

Meetings are expected to be broadcast online and on TV or cable.

Dayton’s proposed legislatio­n is in line with Yost’s guidance, said John Musto, Dayton’s chief trial counsel.

Normally, anyone can attend city commission meetings, which means crowds are possible at a time when people are supposed to avoid large gatherings and engage in social distancing, Musto said.

“We don’t want citizens to be exposed,” he said.

“It’s such a fluid situation,” he said. “I know that we’re constantly monitoring and seeing what we can do based on the changing circumstan­ces on the ground to allow continuanc­e of government and maximize safety of the citizens.”

Huber Heights City Manager Rob Schommer said the city will stream meetings on the city’s website and is working on ways to make it more interactiv­e. Staff will release an email address and phone number for members of the public to provide comments that will be read aloud during the meeting.

The only people in the council chambers will be the mayor, city manager and minimal staff to help run the technology, he said.

The legal basis behind parts of Yost’s guidance is questionab­le, according to Jack Greiner, a Cincinnati attorney who specialize­s in media and public records law.

Greiner said it’s important that government­s continue to find ways to include the public in decision making during these “truly unpreceden­ted times.”

“I hope public offices that... follow Attorney General Yost’s guidance recognize this is a temporary thing and we would no more continue to ban the public than we would continue to insist that restaurant­s stay closed,” he said.

Yost’s own guidance cautioned government­s to get a legal opinion from their own attorneys and avoid making any big, unnecessar­y decisions at this time.

“Now is not the time to rely on this guidance in order to enact legislatio­n unrelated to the instant emergency that is better reserved for the normal operations of government (e.g. to pass a new tax or enact a new regulatory scheme),” Yost’s letter says.

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