State ex rel. Ames v. Portage Cty. Bd. of Commrs. (Slip Opinion)

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Ames v. Portage Cty. Bd. of Commrs., Slip Opinion No. 2021-Ohio-2374.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2021-OHIO-2374 THE STATE EX REL. AMES, APPELLANT, v. PORTAGE COUNTY BOARD OF COMMISSIONERS ET AL., APPELLEES. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Ames v. Portage Cty. Bd. of Commrs., Slip Opinion No. 2021-Ohio-2374.] Mandamus—Public Records Act—Open Meetings Act—Solid-waste-management district (“SWMD”) is a valid entity created under R.C. 343.01 and 3734.52 with the county board of commissioners serving as its board of directors— Board may conduct separate meetings for SWMD business and non-SWMD county business—Official action of the SWMD board must be taken in a public meeting, and full and accurate minutes of the meetings must be maintained—Board’s failure to inform the public of the resolutions being voted on at an SWMD public meeting as part of a consent agenda raises the question whether the use of a consent agenda in this manner constructively closes the public meeting—Judgment affirmed in part and reversed in part and cause remanded. SUPREME COURT OF OHIO (No. 2020-1120—Submitted March 30, 2021—Decided July 14, 2021.) APPEAL from the Court of Appeals for Portage County, No. 2019-P-0125, 2020- Ohio-4359. __________________ Per Curiam. {¶ 1} Appellant, Brian M. Ames, appeals the Eleventh District Court of Appeals’ entry of summary judgment in favor of appellees, Portage County Board of Commissioners (“the board”), Portage County Solid Waste Management District Board of Commissioners (“SWMD”), and Portage County Court of Common Pleas. The gravamen of Ames’s claim is that the board violated the Open Meetings Act (R.C. 121.22) and the Public Records Act (R.C. 149.43) by failing to conduct SWMD business in public meetings and by failing to prepare, maintain, and produce accurate minutes of SWMD business. We affirm in part, reverse in part, and remand for further proceedings as to the board and the SWMD. I. Background A. Creation of the SWMD {¶ 2} R.C. 3734.52 requires a board of county commissioners to (1) “establish and maintain a solid waste management district under Chapter 343. of the Revised Code” or (2) participate in establishing and maintaining a joint solid- waste-management district with one or more other county boards of commissioners. The board opted for the former, establishing the SWMD by resolution on December 20, 1988. Under R.C. 3734.52(A), the board serves as the SWMD’s board of directors. See Danis Clarkco Landfill Co. v. Clark Cty. Solid Waste Mgt. Dist., 73 Ohio St.3d 590, 596, 653 N.E.2d 646 (1995). B. The …

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