OML UPDATE AT-A-GLANCE
Here are the top things you need to know from this past week:
· Today we issued a Call to Action, which you can find HERE, announcing we anticipate that HB 519 will be up for a third hearing, opponent testimony, in the Ohio House Ways and Means Committee during the committee’s regular hearing time on Tuesday, March 1, at 3 p.m. The committee meets in Statehouse Hearing Room #116. We encourage members to offer opponent testimony against this preemption of the municipal income tax. You can find sample opponent testimony HERE. Instructions on when and where to submit testimony can be found in the Call to Action.
· Another preemption bill has been introduced in the Ohio Senate. SB 293, sponsored by Sen. Gavarone, (R – Bowling Green) and Sen. Johnson (R – McDermott), would prohibit requiring fees or firearms liability insurance for the possession of firearms. You can find the bill language HERE. This bill continues the trend of the legislature’s encroachment on local Home Rule authority granted to municipalities in Article XVIII in the Ohio Constitution.
· Last week, the League and the Ohio Municipal Attorneys Association (OMAA) hosted a free webinar called “American Rescue Plan Act (ARPA) – Practical Guidance from Final Rule.” On January 6, the U.S. Dept. of Treasury issued the Final Rule on the implementation of the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act (ARPA). The Final Rule will take effect April 1, 2022, and there are some provisions that may prove very helpful to Ohio municipalities. The webinar focused on these new provisions in the Final Rule and included opportunities for questions and answers. You can find the webinar recording HERE and the slides HERE.
· Members are invited to apply for an open seat on the Ohio Cemetery Dispute Resolution Commission. The term runs until July 1, 2023. Applications are open to the management authority of a municipal, township, or union cemetery. You can find the application and further instructions HERE. Please let the OML know if you submit an application at ealbright@omlohio.org.
· The League has announced the 2022 schedule for the OML Municipal Officials Training Seminars. These important seminars will equip municipal officials to best lead their communities by covering topics such as home rule and local control, city and village financing procedures, council powers and procedures, public records and liability for municipalities and municipal officers. Click HERE to register. Learn more in the article below.
· OML Regional Conferences are back! Mark your calendars for the return of our in-person regional meetings from May through August. The League will once again be holding four one-day conferences in each of the four corners of our state to bring important educational resources and networking opportunities to our members. These meetings will be in addition to our Annual Conference which is scheduled for late fall of this year. Dates and location information can be found in the article below.
OHIO REDISTRICTING COMMISSION ADOPTS NEW STATE LEGISLATIVE MAPS
On Thursday, the Ohio Redistricting Commission voted 4-3 to approve new state legislative maps and sent them to the Ohio Supreme Court for approval. The maps favor Republicans to win 54% of state legislative seats, which is equal to Republicans’ share of the statewide vote. The maps now head to the Ohio Supreme Court for the justices to determine whether the new maps are constitutional.
If the Supreme Court approves the maps, they will only last four years instead of ten because they did not get bipartisan support. In fact, Republican State Auditor Keith Faber voted alongside Democrats on the commission against the proposed maps.
Also on Thursday, the Redistricting Commission held public testimony for new Ohio congressional maps. The commission tentatively plans to reconvene on Tuesday and possibly Wednesday next week to continue the process of approving new congressional maps.
Last week, after the deadline came and went for the Commission to adopt new state legislative maps, the Ohio Supreme Court has ordered the members of the Commission to attend a contempt hearing on Tuesday, March 1. We will keep our members updated on this process.
OPPORTUNITY FOR OPPONENT TESTIMONY ON MUNICIPAL WATER BILL
The League is encouraging members to submit opposition testimony on HB 422, which is scheduled for a fourth hearing for all testimony and a possible vote on Wednesday, March 2 at 3 p.m. in Hearing Room 121. As currently written, HB 422 does not equally apply to all applicable political subdivisions and could cost substantial amounts of taxpayer dollars by requiring municipalities to pay appellant attorney fees if a municipality loses a billing appeal.
HB 422, which is sponsored by Rep. Fraizer (R – Newark) and Rep. West (D – Canton), was originally drafted to limit the amount municipal corporations can recover from property owners of non-owner-occupied properties for unpaid municipal utility and other service rates and charges and create an appeals process for improper billing of municipal services.
However, last week during the bill’s third hearing before the House State and Local Government Committee, the bill’s sponsor introduced a substitute bill due to the fact that the bill sought to address a problem that is already not allowed in current law. The substitute bill changes the legislation so that now it requires local legislative authorities to provide county auditors with additional information for a service lien and creates an appeal process through the Environmental Review Appeals Commission. You can read the substitute bill HERE.
While we appreciate Rep. Fraizer for working with the OML on the legislation, the substitute bill does not address all concerns regarding municipalities. While the bill addresses municipalities and counties, it does not address regional water and sewer districts or limited Home Rule townships, both of which have the same taxing authority as municipalities and counties. If this is a statewide problem, all parties need to be addressed.
There is also a concern regarding the appeals process. All billing appeals would go to the Environmental Review Appeals Commission, which only meets in Columbus. If this body will be responsible for hearing all the appeals from the entire state, the League requests that it be made possible for appeals to be heard locally.
Finally, the League opposes the provision in the bill that mandates municipalities pay attorney fees if they lose an appeal. This could result in municipalities spending substantial amounts of taxpayer dollars if small charges are appealed and municipality loses and must pay large attorney fees. Furthermore, the bill does not specify that the appellant in turn must pay the municipality’s attorney fees if they lose; the provision only applies to municipalities. We strongly oppose the provision.
The League is here to assist our members who would like to submit opponent or testify in person. As is customary with all committees, any testimony MUST be submitted 24 hours prior to the scheduled hearing. We encourage members to submit their concerns to the League or the committee by 3 p.m., Tuesday, March 1. Members can send their testimony or letters to the committee chair’s office at Rep01@ohiohouse.gov or OML’s Director of Communications Ashley Ringle at aringle@omlohio.org and we will ensure your submission is forwarded to the committee.
PUBLIC ENTITIES POOL OF OHIO (PEP) ARTICLES: FEDERAL CYBER ALERT AND HR CONCERNS FOR 2022
The following are articles from the Public Entities Pool of Ohio (PEP):
Federal Cyber Alert
A joint security advisory has been issued by federal cybersecurity agencies. Specifically, the Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigations (FBI), and the National Security Agency (NSA) have issued a cyber alert to encourage the cybersecurity community – especially critical infrastructure network defenders – to urgently adopt a heightened state of awareness and to conduct proactive threat hunting to avoid a cyber-attack. The alert further advises that the current geopolitical climate has placed public entities at high risk for ransomware attacks and other cyber breaches.
For additional information on the cyber threat and tips on shoring up cyber defenses, please review the PEP Cyber Risk Alert HERE, as well as the notice issued by the Cybersecurity and Infrastructure Security Agency (CISA) HERE, which gives detailed information regarding the threat to public entities as well as links to additional alerts and mitigation strategies.
PEP Resources eLibrary: HR Concerns for 2022
Question: We are looking ahead to 2022 and trying to plan out what HR issues our company should be prepared for. What are some of the things our HR dept. should focus on this year?
Answer: In addition to the normal workplace concerns that HR always has to deal with, 2022 will present some new challenges to consider. The effects of the COVID-19 pandemic are still being felt in the workplace and will affect HR in a number of ways. Other top concerns include a focus on diversity, equity and inclusion in the workplace, employee well-being, and the competitive hiring market.
One effect of the pandemic is that some workplaces are just now returning to in-person work after a sudden shift to remote work. Adjusting to working with co-workers in person again may be a challenge for some employees that creates headaches for HR. Planning ahead for this re-adjustment period may smooth the way for returning to in-person work.
You may find that some employees prefer remote work to coming into the office and that others prefer a hybrid approach, with some days spent in the office and some days at home. Working with employees to successfully navigate a hybrid workplace will be a common challenge for HR departments in many industries. The best way to do this will depend on the nature of your particular workplace.
Employers will also need to be aware of required COVID protocols, which continue to evolve based on location and federal, state and local guidelines. One particular issue to pay attention to is the ongoing litigation regarding federal vaccine mandates for large private employers, health care workers and federal contractors. The outcome of those lawsuits, which are expected to be decided by the Supreme Court, will affect many employers across the country. Other employers may be affected by state or local requirements.
Many companies are also focusing efforts in improving diversity, equity and inclusion within the workplace. These efforts include working to increase diversity in hiring so that many different groups are represented in the workplace, ensuring that all employees are fairly compensated and have access to opportunities within the company and fostering a sense of belonging for employees within the company.
Employee well-being in general is something that many employers will be concerned about in 2022. Employees are being increasingly vocal about their needs related to work-life balance, mental and physical health, flexible work, leave for personal and family needs, professional development and finding meaning and personal satisfaction in their work. How to incorporate these things into the workplace culture will be a top priority for 2022.
All of these issues will also affect the continuing challenge of a competitive hiring market. Potential candidates have the ability to be selective about positions they are considering and can expand their job searches geographically thanks to the increase in remote work. Along with more traditional things like compensation and employee benefits, company culture and flexible work options will be a critical selling point if your company is hiring in 2022.
Want more resources like this article? PEP members have access to the entire Resource eLibrary, including video streaming resources on various topics to meet you risk control needs. Find the entire Resource eLibrary HERE.
LEAGUE ANNOUNCES DATES AND LOCATIONS FOR 2022 REGIONAL CONFERENCES
From May through August, the League will be holding four Regional Conferences throughout the state to bring important elements of our Annual Conference right to the doorstep of the local leaders who serve Ohio's cities and villages.
Our Regional Conferences are an invaluable opportunity for municipal officials across the state to attend presentations on the many critical issues facing Ohio’s cities and villages while connecting and networking with other local leaders in their area.
Mark your calendars for the following dates:
· Southeast: Friday, May 20 – Ohio University Inn & Conference Center in Athens
· Northeast: Friday, June 10 – Hilton Garden Inn in Akron
· Southwest: Friday, June 24 – Marriott NE Mason
· Northwest: Friday, August 5 – Hancock Hotel in Findlay
We will have the agenda and registration information available in the next few weeks. We look forward to seeing you there!
2022 SCHEDULE ANNOUNCED FOR OML MUNICIPAL OFFICIALS TRAINING SEMINARS
The League is excited to announce the 2022 schedule for our Municipal Officials Training Seminars. These seminars are designed to prepare our local leaders for the issues and responsibilities they manage as municipal officials and assist in navigating the successful management of their communities.
The presentations will cover topics such as what is Home Rule and what authorities are granted to municipalities through local control, new changes to city and village financing procedures, council procedures and authorities, management responsibilities related to public records and liability issues for municipalities.
The following are the dates and locations for this year’s Municipal Officials Training Seminars:
· Saturday, March 5 – Cincinnati Marriott Northeast
· Saturday, March 12 – Doubletree Columbus/Worthington
· Saturday, March 26 – Embassy Suites Rockside, Independence
These seminars are a great opportunity for both local leaders starting their first terms in office and current municipal leaders. To find out more information and register, click HERE
UPCOMING MARCH AND APRIL OML/OMAA WEBINARS
On Thursday, March 10 from 11 a.m. to 12 p.m., the League and the Ohio Municipal Attorneys Association (OMAA) are hosting a webinar entitled “Update on Public Records Act and Open Meetings Act.” Public bodies are forced to handle a world where opinions and emotions run strong. This webinar will discuss what a municipality can and cannot do under the Public Records Act and the Open Meetings Act to deal with such hostilities—what public records must be released and what can be withheld, how to run a meeting, what is allowed and not allowed during public participation, and how to handle a meeting when tensions may escalate. Learn more and register HERE.
On Thursday, March 24 from 11 a.m. to 12 p.m., the League and the OMAA are hosting a webinar entitled “’How Can I Help?’ And Other Tips for Complying with the ADA.” Disability discrimination claims continue to be a tricky and expensive litigated issue for many employers. This webinar will discuss disability discrimination laws to gain deeper understanding of the requirements and best practices when dealing with employee disability accommodation requests. The presentation review what municipal employers need to know through the use of scenarios that will include a discussion on what is and is not a disability, what is a reasonable accommodation and what members must do in order to have a legally-compliant interactive process in place. Learn more and register HERE.
On Thursday, April 14 from 11 a.m. to 12 p.m., the League and the OMAA are hosting a webinar entitled “Crisis Communications for Municipal Government.” Facing the news media can be nerve-racking even under the best conditions. Now imagine yourself in a crisis or emergency situation facing hostile reporters who want answers to their tough questions. What would you do? What do you say? This webinar will cover the basics of news media and the rules of engagement (what you should and shouldn't say). Get tips for composing an effective message and compiling a plan to advance that message using earned media tactics such as print, radio, TV and social media. By the end of this webinar you’ll not only have a much better idea of what it feels like to face the media, especially in a crisis communication situation, you’ll have a summary of specific take-away points to help you face a crisis communications situation in real life.
Finally, on Thursday, April 28 from 11 a.m. to 12 p.m., the League and the OMAA are hosting a webinar entitled “Nuisance Abatement.” Ohio’s nuisance abatement law empowers municipalities to address properties with chronic code violations, as well as properties with chronic criminal activity. This webinar will provide a general overview of Ohio nuisance abatement law and a framework for its practical application in municipalities of any size. Learn more and register HERE.
