Ohio Opioid Settlement Non-Profit Accused of Violating Open-Meetings Law in Search for Executive Director
The OneOhio Recovery Foundation, a non-profit organization responsible for distributing over $400 million in Ohio opioid settlement funds, is facing allegations of flouting a court order by conducting closed-door meetings to select a new executive director. The foundation’s compliance with Ohio’s open-meetings and open-records law has been a subject of controversy, and this recent development has raised concerns about transparency.
In April, a Franklin County judge ruled that the OneOhio Recovery Foundation must adhere to Ohio’s open-meetings law. This law requires public bodies to provide advance notice of scheduled meetings, allow public attendance at meetings, and keep publicly accessible minutes documenting the proceedings.
However, according to a motion filed by Harm Reduction Ohio, a non-profit organization that had previously sued OneOhio to enforce compliance with state open-meetings and open-records law, an eight-member search committee tasked with shortlisting candidates for the executive director position held at least three meetings without providing public notice or maintaining minutes for public inspection. These meetings took place after the judge’s order was issued.
Harm Reduction Ohio has filed a motion asking the Franklin County Common Pleas Court to find OneOhio in contempt of court, invalidate all actions taken by the search committee, and impose civil penalties and attorney fees on the non-profit organization.
OneOhio has denied these accusations and stated that it will respond through appropriate legal channels. Connie Luck, a spokesperson for OneOhio, did not elaborate on the specific disputes raised by the organization.
The search committee, comprising members of OneOhio’s executive committee and other individuals, held a total of eight meetings between September 2022 and May 2023, as stated in Harm Reduction Ohio’s motion. The last three meetings occurred after the judge’s temporary restraining order was issued in April. Harm Reduction Ohio argued that the executive and search committees conducted the entire hiring process behind closed doors, without providing public notice or transparency.
It is believed that additional search committee meetings took place in June and July, although specific dates have not been confirmed. Ultimately, three candidates were selected as finalists for the executive director position: Lynnette Cook, the executive director of the Indiana-based Association for Research on Nonprofit Organizations and Voluntary Action; Lisa Mertz, the President and CEO of Cincinnati-based Addiction Services Council; and Alisha Nelson, the Director of Humana Healthy Horizons Ohio.
On July 12, the full OneOhio board decided to forward these three names to Governor Mike DeWine, who will make the final appointment. However, as of Wednesday, the governor has not yet indicated which candidate he will select.
OneOhio is responsible for determining the distribution of 55% of an $808 million settlement reached in 2021 with the nation’s three largest pharmaceutical distributors and drugmaker Johnson & Johnson. The organization’s compliance with open-records and open-meetings laws has been an ongoing issue. In May, the Ohio Supreme Court ruled that OneOhio must follow open-records law, while the Franklin County lawsuit regarding open-meetings obligations is still pending. However, a provision in the state budget exempts OneOhio from these laws starting in October.
The OneOhio board, consisting of state lawmakers, local government leaders, addiction treatment experts, and others, argued that they were not obligated to follow public-records law because the organization is private and handles funds from private companies for anti-opioid addiction initiatives.
The accusations against OneOhio raise concerns about the transparency and accountability of the organization when dealing with such significant funds. The court’s ruling on the motion filed by Harm Reduction Ohio will likely shed light on whether OneOhio has violated state open-meetings law and the potential consequences it may face.
Overall, the case highlights the importance of transparency and adherence to open-meetings and open-records laws in safeguarding the public’s right to know about the decision-making processes surrounding critical issues like addressing the opioid crisis.
