A legal dispute concerning the Ohio Open Meetings Act is set to be addressed by the Supreme Court of Ohio on March 12. This case originates from Champaign County, where the mayor of St. Paris requested the village council to dismiss Police Chief Erica Barga.
Brenda Cook, who became mayor of St. Paris in 2019, had disagreements with Barga regarding her responsibilities. Cook insisted on regular meetings and reports from Barga about police department activities, asserting her oversight duty as mayor. Barga claimed these demands were unreasonable and amounted to harassment.
In November 2020, Mayor Cook suspended Barga for insubordination and misconduct and asked the council to terminate her employment. A public hearing was held at Barga's request, during which evidence was presented. The council then moved into an executive session—closed to the public—to deliberate on Barga's dismissal. Following this session, they voted 4-2 in favor of firing her.
Barga appealed this decision in Champaign County Common Pleas Court, which upheld her dismissal in May 2022. She then argued before the Second District Court of Appeals that holding an executive session violated the Open Meetings Act; however, the appeal was denied.
Barga has now taken her case to the Supreme Court of Ohio. Her argument hinges on R.C. 121.22, stating that executive sessions are permissible for certain discussions unless a public hearing is requested by a public employee or official: “a public body may meet in executive session to consider the employment of a public employee unless the public employee ‘requests a public hearing.’ In that event, an open session must be held.”
The Village of St. Paris argues that when deliberating an employee's dismissal, they act in a quasi-judicial capacity exempt from Open Meetings Act requirements for openness: "the law allows the members of the public body to vote to deliberate the evidence in a closed executive session." They assert that due process was observed through Barga’s multiday hearing.
The Supreme Court will also hear two other cases during oral arguments on March 12 at 9 a.m., which will be streamed online at SupremeCourt.Ohio.gov and archived on the Ohio Channel.