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What counts as a meeting in Ohio: a majority, prearranged, public business

Short answer

In Ohio, a meeting is any prearranged discussion of the public business of the public body by a majority of its members. The name does not matter, and neither does a vote. The Supreme Court of Ohio has held that the discussion can happen by email or text as well as face to face. Where a chance encounter or a chain of separate conversations crosses the line is a question for your counsel.(Ohio Rev. Code § 121.22(B)(2); White v. King, 147 Ohio St.3d 74, 2016-Ohio-2770, syllabus and ¶¶ 15-18)

This guide explains the law in plain words; it is not legal advice. For a question about your board, ask your legal counsel.
By Clarivis · Checked against Ohio Rev. Code § 121.22(B)(1) and (2), (C), (G) and (H); White v. King, 2016-Ohio-2770 on Tue, Oct 27, 2026.

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.

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Questions on this page

What is a meeting under Ohio's Open Meetings Act?

The Act defines a meeting in one sentence. It is:

Statute text

“any prearranged discussion of the public business of the public body by a majority of its members.”

Ohio Rev. Code § 121.22(B)(2)

Three things must be true together: the discussion is prearranged, it is about the body's public business, and a majority of the members take part. A vote is not needed; a discussion is enough. A meeting is then open to the public: "All meetings of any public body are declared to be public meetings open to the public at all times." (§ 121.22(C))

To close part of a meeting, see the executive session guide.

Does a work session or workshop count?

Yes, when it is prearranged and a majority of the members discuss the body's public business. The definition looks at what the gathering is, not what it is called. A retreat, workshop or briefing set up in advance at which a majority discusses the body's business is a meeting, with the same notice and the same minutes. See the notice guide and the minutes guide.

How many members make a majority?

More than half of the body's members. On a seven-member body, that is four. The definition counts a majority of the members, not a quorum. The Act does use the word quorum, in the roll-call vote for an executive session (§ 121.22(G)) and in the rule on who counts as present (§ 121.22(C)), but it sets no number for one. If you are not sure how many members your body has, ask your counsel.

Can members discuss board business by email, text or phone?

The definition does not mention email, text or phone, but the Supreme Court of Ohio has read it to cover them:

Statute text

“R.C. 121.22 prohibits any private prearranged discussion of public business by a majority of the members of a public body regardless of whether the discussion occurs face to face, telephonically, by video conference, or electronically by e-mail, text, tweet, or other form of communication.”

White v. King, 147 Ohio St.3d 74, 2016-Ohio-2770, syllabus and ¶¶ 15-18

So an exchange of emails or messages that is a prearranged discussion of the body's business by a majority is a meeting, held in private. The Court applied this to a series of emails alleged to have passed among a majority of a school board, in a case decided at the pleading stage. The safe course for members between meetings:

  • Use email to settle a date, time or place, and nothing more.
  • Send information to the chair or clerk, who includes it in the meeting packet, rather than to the whole board.
  • Do not "reply all" with views on an item the body will decide. Save it for the meeting, where the public can hear it.
  • If someone starts a discussion by email, do not answer on the thread. Say it belongs at the next meeting.

Members may attend a meeting by video conference only in the cases the remote participation guide describes.

Does a gathering that is not prearranged count?

The definition uses the word "prearranged", and the Act says nothing more about gatherings that are not. Members who happen to meet in a store have not arranged a discussion in advance, which is the first part of the definition. A gathering planned so that a majority can talk through an item is a meeting, whatever it is called. Where a chance encounter turns into a prearranged discussion is a question for your counsel.

Does a subcommittee have its own meetings?

Yes. A public body includes "Any committee or subcommittee of a body described in division (B)(1)(a) of this section". (§ 121.22(B)(1)(a), (b), (2))

So a prearranged discussion of the subcommittee's business by a majority of the subcommittee's members is a meeting of the subcommittee, with its own notice and its own minutes.

What must happen once a gathering is a meeting?

  • It is open to the public, and the body has a notice rule (§ 121.22(F); notice guide).
  • Minutes are promptly prepared, filed and maintained (§ 121.22(C); minutes guide).
  • Any closed part is limited to the listed matters and begins with a roll call vote (§ 121.22(G)).
  • Formal action must be taken in open session: "A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body." (§ 121.22(H))

Checklist

Items marked (Safe course) are good practice, not the statute's words.

Between meetings

  • (Safe course) Email and text among members only to schedule a meeting.
  • (Safe course) Information for the board goes to the chair or clerk for the packet, not to everyone.
  • (Safe course) No "reply all" with views on business the body will decide.
  • (Safe course) No chain of one-to-one conversations that reaches a majority on an item.

Before a work session, retreat or workshop

  • Treat it as a meeting: it is prearranged, so give notice under the body's rule (§ 121.22(F)).
  • Minutes will be kept (§ 121.22(C)).

At the meeting

  • (Safe course) Every member recorded present, remote or absent.
  • Formal action only in open session (§ 121.22(H)).

What the law does not settle

These are questions to take to your legal counsel; this guide does not answer them.

  • When a series of emails or of separate conversations that together reach a majority is one prearranged discussion; the Supreme Court of Ohio has treated a series of emails, and back-to-back sessions, as one on their facts.
  • Where a chance encounter becomes a prearranged discussion once members start talking business.
  • Which number of members your body has when seats are vacant.

How Clarivis helps

Clarivis does not see email or messages between members and does not tell you whether a gathering was a meeting. At the meeting itself, it helps the record show who was there.

  • Attendance for every member. In Live Meeting, each member is recorded present, remote or absent, and remote is never folded into present.
  • No quorum finding for Ohio. Ohio's law sets no quorum number, so Clarivis checks none.
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