OML UPDATE AT-A-GLANCE 
 
Here are the top eight things you need to know from this past week: 
 
  • The Ohio legislature is scheduled to be holding its final session days for 2021 next week on Wednesday, December 8, and Thursday, December 9. The Ohio General Assembly has released its tentative schedule for 2022, which you can find HERE. 

  • Yesterday, Rep. Abrams (R – Harrison) and Rep. Baldrige (R – Winchester) announced the future introduction of the Public Safety Pension Modernization Act, which would increase the required employer contribution rates to the Ohio Police and Firefighter Fund, potentially costing local governments hundreds of millions of dollars. The League put out a press release, which you can read HERE, sharing concerns our members have with the proposal. The League has not been provided any legislative language or actuarial information but will provide that to our members as soon as it becomes available. Read more in the article below. 

  • On Tuesday, the Tenth District Court of Appeals upheld the constitutionality of Sec. 29 of HB 197, the temporary municipal income tax withholding provision. You can read that decision HERE. This was a ruling on the appeal filed by the Buckeye Institute after the Franklin County Court of Common Pleas dismissed the Institute’s lawsuit against the City of Columbus challenging the constitutionality of Sec. 29 of HB 197. The Buckeye Institute has indicated that they plan to appeal the Tenth District’s decision to the Ohio Supreme Court. The Buckeye Institute has similar lawsuits pending in Cuyahoga and Lucas counties, and they have appealed the Hamilton County Court of Common Pleas’ ruling to dismiss the Institute’s lawsuit on the same issue. 

  • This week, Governor DeWine signed into law two bills that impact municipalities. The first was SB 115, which was sponsored by Sen. Schuring (R-Canton ) and revises the Ohio Pooled Collateral Program to ensure public depository collateral levels are in accordance with the required amount set by the State Treasurer’s office. You can read the bill analysis HERE. The Governor also signed HB 177, which was sponsored by Rep. Carfagna (R – Genoa Twp.) and Rep. Fraizer (R – Newark) and allows government to use distributed ledger technology and blockchain. You can read the bill analysis HERE. The League was happy to support both bills and we thank the sponsors for legislation that invests in Ohio’s cities and villages, and we thank the Governor for signing these bills.  

  • All Ohio mayors and city managers are invited to a Zoom meeting on Thursday, December 16 at 11 a.m. EST for a conversation with other municipal leaders from across the United States to discuss concerns with the Census count. This meeting is the result of conversations that began in October between a small group of university and city leaders affiliated with the International Town and Gown Association and the National League of Cities (NLC). These conversations have continued and have broadened to include other communities experiencing similar concerns. It seems to be increasingly apparent that the 2020 Decennial Census may have had significant errors resulting in undercounts, which can have serious long-term consequences for local government finances. If you are concerned that an undercount happened in your community, or that the CQR process might not be the right mechanism to address these issues, and would you like to share your Census challenges with other communities and work together to find a solution that fits the problem, please RSVP to spatterson@ci.athens.oh.us by Friday, December 10 to receive the Zoom information. 

  • Next week, on Tuesday, December 7, The Ohio Office of Budget and Management (OBM) is virtually hosting the second Ohio Grants Summit. The first summit was held in September of 2020. The Ohio Grants Summit is a unique event offering the opportunity to connect local government leaders and financial managers to resources and education to support their management of federal grant funds. Don’t miss out on this important and informative event! To learn more and to register, click HERE. Read more in the article below. 

  • A lawsuit has been filed challenging SB 258, the recently passed legislation redrawing Ohio’s Congressional districts. The National Redistricting Action Fund has filed suit on behalf of 12 Ohio voters on the basis that the new map is unconstitutional. This week, the Ohio Supreme Court set an expedited briefing schedule for the lawsuit. If the Court strikes down all or part of the map, the Ohio legislature will have 30 days to change the map. Failing that, the Ohio Redistricting Commission would then have 30 days to adopt a remedial map. We will keep out members updated on this issue. 

  • On Thursday, December 16 at 11 a.m., the League is hosting a free webinar entitled “Recent Employment and Labor Law Decisions that Affect and Impact Public Employers.” This interactive session will highlight select employment and labor law decisions of the past year that affect and impact public employers in Ohio. These involve federal and state court decisions, SERB, and recent arbitration decisions. Learn more and register HERE. 

  
 
PROPOSED OP&F EMPLOYER RATE INCREASE/PUBLIC SAFETY PENSION MODERNIZATION ACT PLAN UNVEILED 
 
Yesterday, Rep. Abrams (R – Harrison) and Rep. Baldrige (R – Winchester) announced the pending introduction of the Public Safety Pension Modernization Act, which would increase the required employer contribution rates to the Ohio Police and Firefighter Fund, potentially costing local governments hundreds of millions of dollars. 
 
The proposal would increase the rates that cities and villages pay for retirement contributions to the Ohio Police and Firefighter Fund to 26.5% for both police and fire, compared to the current contribution rates of 19.5% for police and 24% for firefighters. A bill has not yet been officially introduced and further specifics of the legislation are still unavailable. We will send the bill language to our members as soon as it is made available. 
 
The League put out a press release, which you can read HERE, explaining that this legislation would affect the financial stability of Ohio’s cities and villages and cause an increased burden on local taxpayers. There is a misinformed narrative being advanced by those that believe Ohio local government’s fiscal issues have been resolved and that communities are free of financial challenges both currently and into the future. While municipalities have received some federal aid, those funds are temporary, one-time only sources of funding and include severe restrictions on their eligible use by the federal government. Cities and villages across the state are still recovering from the economic impact of the COVID-19 pandemic, the challenges of the delayed return of employment levels and the significant uncertainty of revenue collections as employers institute work-from-home policies. 
 
When more information becomes available on this proposal, we will share it with our members. 
 
 
 
OHIO SENATE HOLDS FIRST COMMITTEE HEARING ON VACCINE MANDATE EXEMPTION BILL 
  
This week, the Ohio Senate General Government Budget Committee held a first hearing HB 218, which was amended in the Ohio House to include language limiting vaccine mandates and passports. Both the bill’s sponsor and proponents of the bill testified on the legislation. 
 
HB 218, which is sponsored by Rep. Cutrona (R – Canfield), was originally drafted to extend bar hours of operations. The bill now prohibits employers, schools and institutions of higher education from requiring vaccines that has not been fully approved by the FDA and provide exemptions to such vaccine mandates medical reasons, natural immunity demonstrated by COVID-19 antibodies and religious beliefs. These provisions would sunset in 2025.  
 
The bill also states that an injury from a mandated COVID-19 vaccine is eligible for workers' compensation barring certain exceptions and it allows emergency medical technicians with proper training to conduct COVID-19 tests. You can read the bill analysis HERE and the comparison document HERE. 
  
The bill includes an infringement on local control by prohibiting facilities owned by a political subdivision from requiring proof of vaccination. The League stands opposed to preemptions on local control. 
  
Another provision impacting municipalities is language extending qualified immunity for institutions including local governments. This provision was initially in HB 606 during the 133rd General Assembly. The qualified immunity would be extended through June 30, 2023. You can read the HB 606 analysis HERE.  
  
Further committee hearings on HB 218 have not yet been announced. We will continue to keep our members apprised of this legislation. 
 
 
OHIO OFFICE OF BUDGET AND MANAGEMENT (OBM) TO HOLD SECOND OHIO GRANTS SUMMIT 
 
On Tuesday, December 7, The Ohio Office of Budget and Management is virtually hosting the second Ohio Grants Summit. The first summit was held in September of 2020. 
 
The Ohio Grants Summit is a unique event offering the opportunity to connect local government leaders and financial managers to resources and education to support their management of federal grant funds. This year, the Summit sessions include the following topics: 
 
  • Ohio Broadband; 
  • Emerging Issues in Federal Funds; 
  • Allowable Uses of Fiscal Recovery Funds on Water and Wastewater Infrastructure; 
  • Preparing for a Single Audit and Accounting for COVID Funds; 
  • Federal Procurement; and 
  • Compliance and Legal Considerations with Fiscal Recovery Funds 
  • This free event is specifically for local governments and non-profits that apply for and receive grant funding from the State of Ohio. 

Don’t miss out on this important and informative event! To learn more and to register, click HERE. 
 
 
LEAGUE TO HOST FREE WEBINAR ON RECENT LABOR LAW DECISIONS IMPACTING PUBLIC EMPLOYEES 
 
On Thursday, December 16 at 11 a.m., the League is hosting a free webinar entitled “Recent Employment and Labor Law Decisions that Affect and Impact Public Employers.” This interactive session will highlight select employment and labor law decisions of the past year that affect and impact public employers in Ohio. These involve federal and state court decisions, SERB, and recent arbitration decisions. Learn more and register HERE.  
 
INVITATION TO JOIN MUNICIPAL ENGINEERS ASSOCIATION OF OHIO (MEAO)  
 
The League is inviting your municipal engineer to become an inaugural member of the Municipal Engineers Association of Ohio. As an inaugural member, your municipality will help us shape the mission, goals, and priorities of this important organization. Membership will allow you to engage your fellow municipal engineers, understand and impact state legislation, programs and policies, receive professional development. Learn more about MEAO membership HERE. 
 

 
NEW BILLS OF MUNICIPAL INTEREST 
 
HB 494 – School Speed Zone. Sponsored by Rep. Creech (R – W. Alexander), would authorize a municipal corporation, county, and township to establish a school adjacent speed zone on any street or highway within a half mile of certain schools. 
(Link: https://bit.ly/3lugBN2)  
 
HB 499 – Retirement. Sponsored by Rep. Miller (D – Columbus), would allow a Public Employees Retirement System or School Employees Retirement System disability benefit recipient elected to certain offices to continue receiving a disability benefit during the term of office. 
(Link: https://bit.ly/3lxiDfc)           
 
 
COMMITTEE RECAP: BILLS OF MUNICIPAL INTEREST 
 
HB 175 – Water Pollution. Sponsored by Rep. Hillyer (R – Urichsville), would deregulate certain ephemeral water features under various water pollution control laws. During its second hearing before the Senate Agriculture and Natural Resources Committee, proponents including the League testified in support of the bill. You can read the League’s testimony HERE.