A strong argument could be made against how Ohio University’s Student Senate votes in closed-door meetings, claims an expert in the nation’s open records laws.
The state doesn’t define whether student governments are considered public entities in the Sunshine Laws, a document that details the liberties public bodies are able to take when meeting in private.
“There hasn’t been ... a specific ruling on this in Ohio (about student governments),” said Mark Goodman, journalism professor at Kent State University and former executive director of the Student Press Law Center. “Any decision (public bodies) make, that vote must be taken in an open meeting.”
In keeping with OU’s Student Senate constitution and tradition, the body held a closed door meeting Wednesday night so voting members could vote on their confidence in senate’s four executive members — President Nick Southall, Vice President Anna Morton, Treasurer Austin LaForest and Chief of Staff Emma Wright.
Members were asked whether they thought the executives were serving their duty in their positions. Specific results of the survey weren’t released, though all of the executives retained their positions.
“It’s in our constitution. … That’s why we’re doing this. It’s a vote of whether or not we believe the executives are doing their jobs appropriately,” said Gerrod Schirtzinger, chair of the Committee on Conduct and Discipline, who headed the executive session.
The constitution hasn’t been revised since the 1995-96 academic year.
It’s unclear whether that written vote is appropriate under the Ohio Sunshine Laws, which states, “public bodies may not vote or take official action in an executive session.”
Any group that is a decision-making body of a “state agency, institution or authority” is considered a public body in the state of Ohio. Other factors included in determining whether an organization is a public body and subject to the Open Meetings Act are the way in which the body was created, whom the entity advises and who is a member of the body.
Private bodies might also be subject when it’s responsible “for spending substantial sums of public funds,” according to the Sunshine Laws.
Senate’s Appropriations Committee oversees General Fee dollars — an annual university student fee that amounts to $628 for 12 to 20 credit hours on the Athens campus for this academic year — a fund which totaled more than $460,000 at the beginning of the 2013-14 academic year.
Senate’s executive members frequently attend the board’s meetings and serve as a “pulse point” to the university, including its Board of Trustees, said Ryan Lombardi, vice president for Student Affairs and senate’s advisor.
“What Student Senate does is certainly paid attention to by the board, by me, by the administration, by other students, but they don’t have a formal advising role to the trustees,” Lombardi said.
Senate recommends potential student trustees to the board. Senate representatives are meeting with Lombardi on Thursday to discuss if it is a public body.
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This article appeared in print under the headline "Legality of Student Senate vote questioned, execs remain in office."
