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Student Senate entered into an executive session where the body’s voting members cast secret ballots, which concluded with the executive members keeping their positions. Ohio law forbids votes to be taken during executive sessions of public bodies, though no Ohio Supreme Court has determined whether student governments are such entities. (Kaitlin Owens | For The Post)

Office of Legal Affairs deems Student Senate not to be a public body

Ohio University’s Office of Legal Affairs confirmed its position that Student Senate is not a public body by legal definition, but senate executives are planning on learning more.

The topic came to the forefront of discussion when senate entered into a closed-door meeting Wednesday to vote to decide on its confidence in the executives’ performances — typically the only decision senate makes in executive session.

John Biancamano, OU’s director of legal affairs, relayed the office’s conclusion to senate’s advisor, Ryan Lombardi, vice president for Student Affairs, who conveyed the message to some senate members.

Senate executives will meet with Biancamano to further understand the Sunshine Laws, Lombardi said. Biancamano was not able to be reached for comment by press time.

The only way to challenge the university’s decision is through a court case, said Cory Haydocy, assistant legal counsel for the auditor of the Ohio Open Government Unit.

“That’s their legal counsel, so that’s the legal opinion,” Haydocy said. “It really just is fact-specific what constitutes a public office.”

If taken to court, senate would be advised by the Office of Legal Affairs, which Lombardi has encouraged executives to consult in further investigating the law.

According to the university’s Open Meetings Policy, which was last updated May 1, senate’s plenary meetings — or those which the entire body is present for — are among the organizations and committees that are required to be open in accordance with the policy, according to the university website.

“(The policy) does create a suggestion that the senate is covered by the Open Meetings Act,” said Mark Weaver, attorney and former Ohio Deputy Attorney General.

If OU’s senate was considered a public body, it would be required to abide by Ohio Sunshine Laws, which prohibits such entities from voting in closed-door meetings, as was the case Wednesday.

“There was nothing (Wednesday), in my opinion, that warranted it to be a closed meeting,” Lombardi said.

Ohio Supreme Court hasn’t ruled whether student governments are public bodies and thus required to follow those laws.

Some student governments at other state universities, such as Ohio State University’s Undergraduate Student Government, follow the Sunshine Laws regardless of whether it’s considered a public body, said Taylor Stepp, president of the organization.

“We are not liable under sunshine policy, but we are in conjunction with sunshine policy in every way shape and form,” Stepp said. “We just want to be as transparent as possible.”

OSU’s undergraduate body’s constitution requires it to move to executive session when there is a vacancy. The results of such meetings, but not specific counts, are announced publically, Stepp said.

“I think student governments at state colleges would be wise to presume that they are (public bodies), particularly if they’re spending money that was given to them from the school collected from student fees,” Weaver said.

The Senate Appropriations Committee oversees more than $460,000 of General Fee money, which is compiled from student dollars, and is allocated by the senate subcommittee to student organizations.

Senate executives declined to comment.

oh271711@ohiou.edu

@ohitchcock

This article appeared in print under the headline "OU: Student Senate able to vote privately."

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