Commission clarifies executive-session rules, moves to let mayor participate unless excluded by council

The Vermilion Charter Commission voted to amend charter language governing executive sessions to bring the text closer to the Ohio Sunshine Law, requiring a roll-call vote and citation of one or more statutory reasons before a closed session. The motion also specified that the mayor may participate in executive sessions unless the council excludes the mayor by a two-thirds vote.

Commissioners said the existing charter language — which allowed an "oral request" for an executive session — was too vague and could conflict with statutory requirements. A law advisor urged the commission to use statutory language, noting the Sunshine Law requires the public body to identify permitted purposes and to hold an executive session only by roll-call vote.

Why it matters: executive-session rules affect transparency and where legal protections for confidential matters apply. Commissioners emphasized that clarifying the charter would reduce ambiguity and litigation risk.

At the meeting: a motion to modify Section 3-7 was made, seconded and carried on roll call. Several members proposed that exclusion of the mayor should require a supermajority (two-thirds) vote so that council retains control but cannot routinely bar the mayor from participation without a large majority. "The council may be in a closed executive session only after the authority or quorum of the council determines by a roll call vote to hold such a session," one commissioner summarized, recommending the charter reference ORC §121.22.

What’s next: the commission directed staff and legal counsel to incorporate the statutory language into the draft charter and to return final wording for approval. The revision will be included in the posted draft for public comment.