(A) As used in this section, “electronic communication” means live, audio-enabled communication that permits the board members attending a meeting, the board members present in person at the place where the meeting is conducted, and all members of the public present in person at the place where the meeting is conducted to simultaneously communicate with each other during the meeting.

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Terms Used In Ohio Code 5126.0223

  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Quorum: The number of legislators that must be present to do business.

(B) Notwithstanding division (C) of section 121.22 and section 5126.029 of the Revised Code, each county board of developmental disabilities may establish a policy that allows board members to attend a meeting of the county board via means of electronic communication. The policy shall specify at least all of the following:

(1) The number of regular meetings at which each board member shall be present in person, which may not be less than one-half of the regular meetings of the county board annually;

(2) All of the following minimum standards regarding a meeting conducted using means of electronic communication:

(a) That at least one-third of the board members attending the meeting shall be present in person at the place where the meeting is conducted;

(b) That all votes taken at the meeting are taken by roll call vote;

(c) That a board member who intends to attend a meeting via means of electronic communication notifies the chairperson of that intent not less than forty-eight hours before the meeting, except in the case of a declared emergency.

(C) Notwithstanding division (C) of section 121.22 and section 5126.029 of the Revised Code, a board member who attends a meeting via means of electronic communication is considered to be present at the meeting, is counted for purposes of establishing a quorum, and may vote at the meeting.

(D) Except as otherwise provided in this section, no person shall limit the number of board members who may attend a meeting via means of electronic communication, limit the total number of meetings that the board may conduct using means of electronic communication, limit the number of meetings in which any one board member may attend via means of electronic communication, or impose other limits or obligations on a board member by virtue of the board member’s attending a meeting via means of electronic communication.

Last updated September 26, 2023 at 5:50 PM