2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1724 | Community Improvement Corporations › Section 1724.11 | Confidentiality of Information.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) When a community improvement corporation is acting as an agent of a political subdivision designated pursuant to section 1724.10 of the Revised Code and at all times as a county land reutilization corporation, both of the following apply:
(1) Any financial and proprietary information, including trade secrets, submitted by or on behalf of an entity to the community improvement corporation in connection with the relocation, location, expansion, improvement, or preservation of the business of that entity, or in the pursuit of any one or more of the purposes under division (B) of section 1724.01 of the Revised Code for which a county land reutilization corporation is organized, held or kept by the community improvement corporation, or by any political subdivision for which the community improvement corporation is acting as agent, is confidential information and is not a public record subject to section 149.43 of the Revised Code.
(2) Any other information submitted by or on behalf of an entity to the community improvement corporation in connection with the relocation, location, expansion, improvement, or preservation of the business of that entity held or kept by the community improvement corporation, or by any political subdivision for which the community improvement corporation is acting as agent, is confidential information and is not a public record subject to section 149.43 of the Revised Code, until the entity commits in writing to proceed with the relocation, location, expansion, improvement, preservation of its business, or other purpose under division (B) of section 1724.01 of the Revised Code.
(B)(1) When the board of directors of a community improvement corporation or any committee or subcommittee of such a board meets to consider information that is not a public record pursuant to division (A) of this section, the board, committee, or subcommittee, by majority vote of all members present, may close the meeting during consideration of the confidential information. The board, committee, or subcommittee shall consider no other information during the closed session.
(2) Any meeting at which a decision or determination of the board is required in connection with the relocation, location, expansion, improvement, or preservation of the business of the entity or is required in pursuit of any purpose under division (B) of section 1724.01 of the Revised Code for which a county land reutilization corporation is organized shall be open to the public and may be held by interactive video conference or by teleconference in accordance with division (C) of this section.
(C) The board of directors of a community improvement corporation may hold a meeting by interactive video conference or by teleconference in the following manner:
(1) The board establishes a primary meeting location that is open and accessible to the public.
(2) Meeting-related materials that are available before the meeting are sent via electronic mail, facsimile, hand-delivery, or United States postal service to each board member.
(3) In the case of an interactive video conference, the board causes a clear video and audio connection to be established that enables all meeting participants at the primary meeting location to see and hear each board member.
(4) In the case of a teleconference, the board causes a clear audio connection to be established that enables all meeting participants at the primary meeting location to hear each board member.
(5) All board members have the capability to receive meeting-related materials that are distributed during a board meeting.
(6) A roll call voice vote is recorded for each vote taken.
(7) The minutes of the board meeting identify which board members remotely attended the meeting by interactive video conference or teleconference.
If the board proceeds under this division, use of an interactive video conference is preferred, but nothing in this section prohibits the board from conducting its meetings by teleconference or by a combination of interactive video conference and teleconference at the same meeting.
(D) The board of directors of a community improvement corporation shall adopt rules necessary to implement this section. At a minimum, the rules shall do all of the following:
(1) Authorize board members to remotely attend a board meeting by interactive video conference or teleconference, or by a combination thereof, in lieu of attending the meeting in person;
(2) Establish a minimum number of board members that must be physically present in person at the primary meeting location if the board conducts a meeting by interactive video conference or teleconference;
(3) Require that not more than one board member remotely attending a board meeting by teleconference is permitted to be physically present at the same remote location;
(4) Establish geographic restrictions for participation in meetings by interactive video conference and by teleconference;
(5) Establish a policy for distributing and circulating meeting-related materials to board members, the public, and the media in advance of or during a meeting at which board members are permitted to attend by interactive video conference or teleconference;
(6) Establish a method for verifying the identity of a board member who remotely attends a meeting by teleconference.
Last updated October 3, 2023 at 9:20 AM