Ohio State University President Michael Drake said the Board of Trustees’ frequent practice of holding discussions behind closed doors comes from a need to “talk about things where we’re not clear about the answer.” Credit: Jack Westerheide | Photo Editor
Ohio State University President Michael Drake said the Board of Trustees’ frequent practice of holding discussions behind closed doors comes from a need to “talk about things where we’re not clear about the answer, where we don’t know, where we’re guessing, where we’re thinking about things that might happen.”
Drake’s description of the Board’s use of executive session during an interview with The Lantern Wednesday was questioned by Dennis Hetzel, a Board member of the Ohio Coalition for Open Government and president of the Ohio News Media Association.
Hetzel said these discussions, pending specific topics, might not be legal under the Ohio Open Meetings Act.
“Based on [what Drake said], it sounds like they’re drifting outside the spirit of the law,” Hetzel said. He said the Board is not breaking the law if the discussions and changes made pertain to trade secrets, personnel issues and other reasons that constitute a legal executive session.
The Board met in private executive sessions nearly as much as in public ones in its meetings last week. The legality behind going into executive session depends on whether matters discussed require a specific legal exemption from being made public.
There are nine exemptions allowing for governmental boards to go into executive session, such as discussing medical or university property records, according to the open-meetings act. But Drake said those matters aren’t the only things discussed behind closed doors.
Drake said the Board uses portions of private sessions to work out ideas and get things in order for it to better understand its decisions, a practice board members used leading up to the release of Ohio State’s “Time and Change” strategic plan.
Of course the problem is, because you’re not required to keep minutes at executive session, you really have to take them at their word – Dennis Hetzel, Ohio News Media Association President
According to the Ohio Open Meetings Act, all public bodies in Ohio, which includes Ohio State and its trustees, “must conduct all deliberations upon official business only in open meetings where the public may attend them to observe.”
Drake said the sessions are similar to that of editing a group paper.
“You have friends and colleagues and there are things you kind of need to work out,” Drake said.
According to the open meeting law, there are certain actions of a governmental board that must be conducted in public.
“A public body may hold an executive session only for a few specific purposes, which are listed in the law. Further, no vote or other decision-making on the matter(s) discussed may take place during the executive session,” the act states.
Hetzel said if the Board is drifting from the subjects allowed for discussion in executive sessions, like personnel issues or student and patients’ private information, then it’s a problem.
Ohio State spokesman Chris Davey said in an email that Drake’s comments suggest no wrongdoing by the Board.
“[Drake] was talking about the nature and quality of discussions that sometimes occur in executive session on sensitive matters,” Davey said. “The Board only uses executive sessions in accordance with state law, for example, when discussing certain personnel matters that may involve the hiring, discipline or dismissal of employees, business sensitive trade secret matters, or when consulting with legal counsel on pending or imminent legal matters.”
Any legal issue regarding the Board’s executive sessions depends on how far it drifts from the stated purpose of the session, Hetzel said.
“Of course the problem is, because you’re not required to keep minutes at executive session, you really have to take them at their word,” Hetzel said.
