A RESOLUTION

WHEREAS, COVID-19 is a respiratory disease that can result in serious illness or death and can be easily spread from person to person; and

WHEREAS, the United States Centers for Disease Control and Prevention (CDC) have reported over 240,000 cases of COVID-19 in the United States, and the number continues to grow; and

WHEREAS, on March 9, 2020, the Ohio Department of Health announced the first confirmed cases of COVID-19 in the State of Ohio, creating a dangerous condition that affects the health, safety and welfare of the citizens of Ohio; and

WHEREAS, COVID-19 endangers the lives of the citizens of Oakwood, creating an emergency to life and public safety and disrupting commerce; and

WHEREAS, the Constitution of the State of Ohio, in Article XVIII, Section 3, grants municipalities the authority to exercise all powers of local self-government and to enforce local police, sanitary, and other similar regulations as are not in conflict with the general laws of the State; and

WHEREAS, pursuant to this constitutional home rule authority, the people of the city of Oakwood, Ohio, have adopted a Charter and Codified Ordinances to exercise the powers of local self-government and enforce local police power regulations; and

WHEREAS, in Executive Order 2020-01D, Ohio Governor Mike DeWine declared a state of emergency for the entire State to protect the citizens of Ohio from the dangerous effects of COVID-19 and to assist in protecting the lives, safety, and health of the citizens of Ohio; and

WHEREAS, subsequent to Executive Order 2020-01D the Governor initiated other requirements greatly limiting in person social contact; and

WHEREAS, the President of the United States has declared a national state of emergency due to the COVID-19 pandemic; and

WHEREAS, Council of the city of Oakwood has substantial, legitimate interests in continuing governmental services to the fullest extent necessary throughout the current national and state emergency; and

WHEREAS, holding Council meetings and obtaining Council approvals are needed for the furtherance of governmental services and functions; and

WHEREAS, the Ohio Attorney General in Opinion No 2009-034 indicated that with respect to Ohio townships, the open meetings laws, including allowing public access and council members to be physically present in person at a meeting, apply even during a state of emergency; and

WHEREAS, as to the issue of the “in person” requirement, in a letter dated March 13, 2020, a copy of which is appended to this resolution, the Ohio Attorney General informally indicated the following:

“The Ohio Attorney General’s Office has received numerous questions regarding the applicability of Ohio’s Open Meetings Act (OMA) during this time of a COVID-19 declared emergency. Under this very limited fact pattern, there may be a basis for local public bodies to use electronic means to meet and comply with the law. You should discuss this matter with your legal counsel before making any decisions;” and