Executive session in Ohio: the matters a body may consider in private, and how it goes in
Short answer
Ohio's law says "the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters", listed below.(Ohio Rev. Code § 121.22(G))
Where this fits in your meeting cycle: Clarivis is software that helps a body follow these steps: it shows when a special meeting's notice is due to the news media that have requested notification, flags an executive session item until a Statutory basis is selected, and drafts the minutes for your body to correct and approve; it does not give the notice or tell the news media for you.
See how Clarivis helpsQuestions on this page
Each answer below quotes Ohio's law.
When can a body go into executive session?
Statute text
“Except as provided in divisions (G)(8) and (J) of this section, the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters:”
Each matter below is given by its Statutory basis name in Clarivis, then in the law's own words.
Division (G)(1)
Statutory basis name: Personnel actions listed in the law, or charges or complaints, unless a public hearing is requested.
Statute text
“To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing. Except as otherwise provided by law, no public body shall hold an executive session for the discipline of an elected official for conduct related to the performance of the elected official's official duties or for the elected official's removal from office. If a public body holds an executive session pursuant to division (G)(1) of this section, the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in division (G)(1) of this section are the purposes for which the executive session is to be held, but need not include the name of any person to be considered at the meeting.”
Except as otherwise provided by law, an executive session may not be held to discipline an elected official for conduct related to the performance of the official's duties, or to remove an elected official from office.
Division (G)(2)
Statutory basis name: Property purchase or listed sale, if premature disclosure gives an adverse interest unfair advantage.
Statute text
“To consider the purchase of property for public purposes, the sale of property at competitive bidding, or the sale or other disposition of unneeded, obsolete, or unfit-for-use property in accordance with section 505.10 of the Revised Code, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. No member of a public body shall use division (G)(2) of this section as a subterfuge for providing covert information to prospective buyers or sellers. A purchase or sale of public property is void if the seller or buyer of the public property has received covert information from a member of a public body that has not been disclosed to the general public in sufficient time for other prospective buyers and sellers to prepare and submit offers.”
Division (G)(3)
Statutory basis name: Conferences with the body's attorney on its disputes in pending or imminent court action.
Statute text
“Conferences with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action;”
Division (G)(4)
Statutory basis name: Preparing for, conducting or reviewing bargaining with public employees on their terms of employment.
Statute text
“Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment;”
Division (G)(5)
Statutory basis name: Matters required to be kept confidential by federal law or regulations or state statutes.
Statute text
“Matters required to be kept confidential by federal law or regulations or state statutes;”
Division (G)(6)
Statutory basis name: Security arrangements and emergency response protocols, if disclosure could jeopardize its security.
Statute text
“Details relative to the security arrangements and emergency response protocols for a public body or a public office, if disclosure of the matters discussed could reasonably be expected to jeopardize the security of the public body or public office;”
Division (G)(7)
Not a Statutory basis in Clarivis: this division is only for the hospitals it names.
Statute text
“In the case of a county hospital operated pursuant to Chapter 339. of the Revised Code, a joint township hospital operated pursuant to Chapter 513. of the Revised Code, or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, to consider trade secrets, as defined in section 1333.61 of the Revised Code;”
Division (G)(8)
Statutory basis name: Economic development assistance: listed confidential applicant data, or talks with other localities.
Statute text
“To consider confidential information related to the marketing plans, specific business strategy, production techniques, trade secrets, or personal financial statements of an applicant for economic development assistance, or to negotiations with other political subdivisions respecting requests for economic development assistance, provided that both of the following conditions apply: (a) The information is directly related to a request for economic development assistance that is to be provided or administered under any provision of Chapter 715., 725., 1724., or 1728. or sections 701.07, 3735.67 to 3735.70, 5709.40 to 5709.43, 5709.61 to 5709.69, 5709.73 to 5709.75, or 5709.77 to 5709.81 of the Revised Code, or that involves public infrastructure improvements or the extension of utility services that are directly related to an economic development project. (b) A unanimous quorum of the public body determines, by a roll call vote, that the executive session is necessary to protect the interests of the applicant or the possible investment or expenditure of public funds to be made in connection with the economic development project.”
For this division the vote to go in is different: a unanimous quorum of the body must determine, by a roll call vote, that the executive session is necessary, as condition (b) says, and the information must meet condition (a).
Division (J)
Not a Statutory basis in Clarivis: this division is only for a veterans service commission.
Statute text
“Pursuant to division (C) of section 5901.09 of the Revised Code, a veterans service commission shall hold an executive session for one or more of the following purposes unless an applicant requests a public hearing:”
The purposes it lists are interviewing an applicant for financial assistance, discussing the applicant's applications, statements and other documents, and reviewing matters relating to the applicant's request.
The commission may not exclude the applicant, a recipient or former recipient, or the representatives they choose, from an executive session about that person's application. (Ohio Rev. Code § 121.22(J)(2)) It votes to grant or deny assistance only in an open meeting, whose minutes give the applicant's name, address and occupation, the decision, any amount granted and the votes. (Ohio Rev. Code § 121.22(J)(3))
How does a body go in?
Statute text
“the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session”
For economic development assistance, division (G)(8), the vote is by a unanimous quorum instead, as that division says above.
Statute text
“If a public body holds an executive session pursuant to division (G)(1) of this section, the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in division (G)(1) of this section are the purposes for which the executive session is to be held, but need not include the name of any person to be considered at the meeting.”
Statute text
“If a public body holds an executive session to consider any of the matters listed in divisions (G)(2) to (8) of this section, the motion and vote to hold that executive session shall state which one or more of the approved matters listed in those divisions are to be considered at the executive session.”
Can a meeting be called only for an executive session?
The law does not forbid it, but the executive session must be held inside a regular or special meeting:
Statute text
“the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting”
For a special meeting, including one called only to go into executive session, also give the notice to the news media that have requested notification, if any, at least 24 hours before it; for an emergency meeting, notify them immediately.
If your body meets at its regularly scheduled time and place only to go into executive session, it is a regular meeting, so the special-meeting notice to the news media does not apply to it.
Can action be taken in executive session?
Statute text
“A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body.”
Are minutes kept?
Statute text
“The minutes need only reflect the general subject matter of discussions in executive sessions authorized under division (G) or (J) of this section.”
Checklist for an executive session
- "only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session" (§ 121.22(G)); for economic development assistance, division (G)(8): "A unanimous quorum of the public body determines, by a roll call vote, that the executive session is necessary" (§ 121.22(G))
- The motion and vote name the purposes or matters: for division (G)(1), "which one or more of the approved purposes listed in division (G)(1) of this section are the purposes for which the executive session is to be held"; for divisions (G)(2) to (8), "which one or more of the approved matters listed in those divisions are to be considered at the executive session" (§ 121.22(G))
- "A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body." (§ 121.22(H))
What the law does not settle
These are questions to take to your legal counsel; this guide does not answer them.
- Whether a particular matter fits one of the listed divisions.
- Whether a meeting called only to go into executive session is a special meeting. This guide follows the plain reading that it is, unless the body holds it at its regularly scheduled time and place, which makes it a regular meeting.
- How precisely the motion must state the purposes or matters it names.
How Clarivis helps
Clarivis does not decide whether a matter may be considered in executive session; your body and its legal counsel do.
- On the agenda, an executive session item is flagged until a Statutory basis is selected for it.
- During the meeting, the person recording selects Enter executive session and chooses its Statutory basis. Recording stops, and nothing is recorded until the body returns to open session.
- In the draft minutes, executive session audio is left out.
- After the meeting, the compliance check flags an executive session with no Statutory basis recorded.
Related guides
- Meeting notice in Ohio: regular, special and emergency meetingsRegular, special and emergency meetings, in the law's own words
- Meeting minutes in Ohio: when they are due and what executive session minutes sayMinutes and executive session minutes, in the law's own words
- What counts as a meeting in Ohio: a majority, prearranged, public businessA majority, prearranged, about public business
- Video-conference meetings in Ohio: who may attend, the policy and the noticeWho may join by video, the policy, notice and roll calls
This guide for other states
Sources
- Ohio Rev. Code § 121.22, open meetings: codes.ohio.gov/ohio-revised-code/section-121.22 (fetched Sat, Oct 24, 2026)