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ABOUT THE OHIO MUNICIPAL LEAGUE The Ohio Municipal League represents the collective interests of Ohio's 241 cities and 700 villages before the Ohio General Assembly. The League represents not only Ohio mayors but the entire spectrum of local municipal officials including law directors, city managers, finance officers, safety directors, service directors, council members, and city and village clerks. Incorporated as a non-profit corporation in 1952, the League continues to serve the needs of municipal government in a variety of capacities. The development of the Ohio Municipal League's "Statement of Policy" represents a consensus of thought among Ohio's municipal officials. These ideas go beyond party, beyond size of community and beyond the regional and economic differences that exist within the diverse urban landscape of Ohio. In a state in which two-thirds of Ohio's population and three-quarters of Ohio's job market exist within municipalities, the thoughts of the League's membership represents an integral part of Ohio's future success. In essence, these ideas embody the hopes and the concerns of municipal officials who seek to enhance the livability of all Ohio citizens. General Theme and Purpose of Statement The foundation of this Statement of Policy is found in the Ohio State Constitution. Essentially, it is rooted in the primary belief that municipalities must remain and continue to be workable, liveable and prosperous. This foundation consists of: 1. Ohio's cities and villages, through the Constitution of 1912, are bestowed with the power of Home Rule by the people of Ohio. The power of Home Rule must be held supreme. Any attempts to infringe upon Home Rule should be fought vigorously, while attempts to more clearly reflect the power of Home Rule should be supported with like intensity. Recent attempts by the general assembly to infringe on home rule have been ruled unconstitutional by the courts. Those failed attempts have wasted significant time and money on the part of municipalities and the state. 2. Progress for municipal government can be made and the public trust fulfilled when a genuine partnership with the state and federal governments exist. That partnership, especially in the areas of finance, housing, safety, environment, economic development, homeland security and transportation is critical for the successful operation and fiscal well being of all of Ohio's municipalities. The continuation of a positive partnership is only possible when unfunded mandates to other levels of government are not created. Tax and Finance Policy Tax State legislation affecting taxation must preserve the financial integrity of Ohio's cities and villages and must allow potential for future increases in revenues for municipal purposes. Any change to municipal or state tax policy must be done with a full consideration of the impact that such changes will have on all municipal resources. State Financial Assistance State-mandated standards, regulations and programs should not be imposed upon municipal governments unless state financing is provided. This financing should be in addition to existing shared revenues. Prevailing Wage Law Ohio's Prevailing Wage Law is outdated and does not allow municipalities the flexibility to build their local economy and infrastructure in a cost effective manner. Therefore, prevailing wage for municipally funded projects should be a local option. Homeland Security Policy In these times of heightened concern about security throughout our nation and state, it is important to recognize that the capacity to respond to security threats in Ohio is almost entirely at the local level. Given the urban nature of past security threats, much of the burden for first response to such threats is with Ohio's municipal governments. Given that, most financial assistance related to homeland security should be directed to Ohio's municipal governments. Transportation Policy Adequate transportation funding for municipal projects must be given a priority by the state. Ohio's policy should represent a joint agreement between the state and local governments to effectuate a mutually efficient and effective system of transportation Land Use Policy Land Use Planning, Management and Control State laws should permit maximum discretion and flexibility to municipalities in land-use control and should provide municipalities with primary authority in incorporated areas. Municipal government must also have a significant role in development issues in areas adjacent to the municipal corporation. Redevelopment and revitalization of Ohio's urban core cities must be a major priority for the state. Municipal Growth and Development Policy Annexation Any attempts to infringe upon the ability of municipalities to grow through orderly annexation must be fought vigorously, while attempts to make current annexation laws less restrictive and/or cumbersome must be supported. Economic Growth In addition to annexation, a number of other tools (e.g., JEDDs, CEDAs)have been developed recently that can help forge new partnerships for economic growth at the local level. Those tools should be modified as needed to make them more useful and attractive to municipalities and their neighbors. Environmental Policy Environmental legislation and regulation must define and consider the risks, costs and benefits of pollution abatement or environmental risk reduction in order to achieve the best utilization of local tax dollar expenditures and the greatest pollution abatement or risk reduction. This balancing of factors must also be reflected in future OEPA policies related to development. Personnel Policy Labor Relations Efforts should be made to ensure that the collective bargaining law and its administrative rules are enforced and refined to protect the interests of the municipality as an employer and the taxpayer who must pay the bill. Civil Service Greater flexibility should be permitted to allow a broader range of evaluations and greater flexibility in hiring personnel from outside of the municipal department. In pursuit of this goal, the league supports the reforms outlined and recommended by the civil service review commission as reported to the Ohio General Assembly on December 31, 2001. Employee Benefits The State Retirement Systems and the Bureau of Workers' Compensation system should implement cost containment measures, work towards streamlining their operations to better represent all interests, and strive towards eliminating abuses. Surpluses resulting from these measures and other factors should be equitably redistributed to the entities contributing to those surpluses through dividends. Housing Policy The State of Ohio should be the chief advocate of open, affordable and fair housing and promote housing plans developed by municipalities. Municipal Government Reform Policy The General Assembly should continue to modernize the procedures required of statutory plan municipal governments. Liquor Control Policy State law should provide clear guidelines for granting or renewing liquor permits which accommodate, to the maximum extent possible, the recommendations of local governments and recognize local community characteristics. Intergovernmental Relations Policy Recognizing the need for a strong partnership between state and local governments, it is crucial that consistent channels of communication are established among state, county and municipal governments. It is also incumbent that state decisions, both administrative and legislative, are made through effective prior consultation with municipalities. Intergovernmental cooperation is encouraged and should be proactive rather than reactive in areas of land use, transportation, and economic development. A SUMMARY OF SPECIFIC POLICY ISSUES While the first part of the League's Policy Statement lists many of the principles which, if used in policy formulation, are helpful and, sometimes, critical to Ohio's cities and villages continued fulfillment of their mission to efficiently provide services to their citizens, there are also many specific decisions which can be made to facilitate that important work. While those specific issues change constantly, this summary attempts to outline some of the very important issues that could be addressed today which would help keep our cities and villages liveable and growing. While no list of this type can be exhaustive, the items mentioned in this summary are certainly items of great interest to a broad spectrum of municipal officials throughout Ohio. We believe the state should: TAX AND FINANCE POLICY Tax (1.) The state should help protect a municipality's ability to expand, control and maintain its tax base and operations locally. (2.) The state should help identify and provide new opportunities for constructing, financing and maintaining local infrastructure. (3.) The state should ensure that the league and its members are included in all policy level discussions regarding municipal taxes or state tax policy changes that would affect municipal resources. State Financial Assistance (4.) The state should protect and earmark revenues from state taxes for the Local Government Fund and Local Government Revenue Assistance Fund at a sufficient percentage rate. (5.) Revamp the formula for the distribution of the Local Government Fund and the Local Government Revenue Assistance Fund in order to accommodate a more graduated approach to determine the maximum share for which a county is eligible. Prevailing Wage Law If prevailing wage is not made a local option, the state should: (6.) Allow for an increase in the cost of public improvement projects from thresholds now set in law to $250,000. (7.) Eliminate the applicability of prevailing wage law to projects involving the Department of Development Financial Assistance Loans, the Industrial Development Bond Financing, State Issue II, the revolving loan fund projects and the state or local assisted private enterprise programs and other state programs. (8.) Require that the prevailing wage be set at the beginning of the project or contract and not be subject to change for the duration of the project or contract. TRANSPORTATION POLICY (9.) Provide financial assistance for the acquisition, maintenance and operation of mass transit systems in an equitable manner. (10.) Broaden the scope of eligible cost items on state-assisted highway projects, including urban paving projects, to include design and engineering costs, as well as those costs necessary to enhance urban living, such as curbs and sidewalks, utility relocations, and landscaping. The state should be encouraged to also allow for innovative approaches to street construction that save dollars and increase the dollars for such projects. (11.) Allow that both the state and municipalities benefit equally from increased federal financing for federally aided highway projects. (12.) Require direct distribution of motor vehicle license fee and gasoline tax revenue to municipalities rather than through the county. (13.) Require ODOT to pay 100% of costs for the maintenance of state highways inside of municipal boundaries. (14.) Support all efforts to make Ohio less a donor state on federal fuel taxes and to equalize the federal fuel tax on ethanol with gasoline. LAND USE POLICY Land Use Planning, Management and Control (15.) Require that all facilities both public and private, as well as all licensure powers by federal, state and county agencies, conform to municipal land use decisions and zoning requirements. (16.) Continue to promote incentives to municipalities for redeveloping the viability of older urban and rural communities. (17.) The state basic building code should continue to be the minimum standard for building in Ohio. Municipalities should continue to be allowed to choose more stringent standards in their communities for the health and safety of their citizens. MUNICIPAL GROWTH AND DEVELOPMENT Annexation (18.) Provide that where unincorporated territory of less than five acres is surrounded by a municipality, annexation shall be complete upon petition by the council to the county commissioners. (19.) Devise procedures for the annexation of unincorporated territory that is non-contiguous to a municipality where the territory to be annexed is owned by the municipality. (20.) Amend state statute to provide that the entire procedure of a proposed annexation of a township with a municipal corporation be accomplished in nine months or less. (21.) State statutes providing for a merger of a township with a municipal corporation should be amended to prohibit use of the procedure where the merger would result in the creation of a non-contiguous municipal corporation. State statutes should be designed to encourage mergers and incorporations in urbanizing areas of Ohio. (22.) Permit that the process for zoning of a newly annexed area begin prior to the completion of the annexation. Economic Growth (23.) The state should allow for "quick take" eminent domain procedures for municipal efforts to enhance utility services and for economic development. (24.) Changes should be made to the statewide joint economic development district statute to make this program more attractive and user-friendly to municipalities. (25.) State law should encourage the formation of cooperative economic development agreements by:
ENVIRONMENTAL POLICY (26.) Provide adequate funding to insure compliance with imposed environmental mandates. (27.) Base policies and regulations on credible scientific information that have been through a formal peer review process, where such procedures are appropriate and feasible. (28.) Require that local input be included in the planning and development process for all proposed environmental legislation. (29.) Increase the educational activities used to inform the public as to the scientific information and basis of what causes environmental risks and what reduces them. (30.) Utilize market-based incentives whenever practicable in the process of reducing environmental risks. (31.) Consider the overall, cumulative economic development impact of proposed environmental legislation on the regulated local community. (32.) Establish an independent scientific and engineering board to assess scientific rationales in current and proposed state environmental legislation. (33.) Ohio EPA should not substitute its judgement for that of local officials and federal policy priorities on issues contained in locally developed agreements for wastewater treatment. (34.) The state should provide a source of funding for the clean-up of former municipal landfills. Personnel Policy Labor Relations (35) Repeal the provisions relative to mandated binding interest arbitration. (36) Limit the scope of negotiations to more closely mirror the range of issues available for bargaining in the private sector. Employee Benefits (37.) Provide the municipalities of Ohio with an additional seat on the Police and Firemen's Disability and Pension Fund Board to enhance their voice as a primary payor of the contributions. (38.) Freeze the existing requirement that medicare coverage be provided to public employees covered by a statewide or municipal pension system. (39.) More municipalities should be allowed the ability to self insure for Workers' Compensation. (40.) Eliminate the statutory requirement that police and fire chiefs must be appointed from within their respective departments. (41.) Residency requirements for municipal employees should continue to be a matter of local self-government, not state statute. Housing Policy (42.) Establish and fund housing courts similar to the housing division in the Ohio Revised Code section 1901.011. Such courts could handle code violations, landlord-tenant relations, recent receivership and other housing cases. (43.) Authorize municipalities to placard, seal and to otherwise make vacant damaged or vacant substandard buildings secure from unauthorized entry and to recover the cost thereof from the property owners. (44.) Encourage the improvement and renovation of existing housing, including incentives for investment such as tax abatement for limited periods. (45) Absent a serious effort on the part of the state to protect consumers from predatory lending, municipalities should be able to continue to exert their Home Rule rights to offer that consumer protection to their citizens. (46) The state should pass legislation that will assist municipalities in obtaining control of abandoned property in a much more expeditious manner. Municipal Government Reform Policy (47.) Update the procedures of statutory plan cities and villages, simplifying Ohio's Uniform Depository Law. (48.) Standardize and streamline the procedures for the transfer of property between political subdivisions. (49.) Allow statutory plan municipal corporations to combine their police and fire services to provide more efficient and cost effective protection to citizens. (50.) Harmonize the state election laws and municipal initiative and referendum statues relative to the removal or withdraw of signatures. (51.) Though the General Assembly has now allowed counties to exempt municipalities from submitting an annual tax budget, municipalities should be allowed to "opt out" of submission of an annual tax budget, when an agreement on LGF and LGRAF is in place at the local level. Liquor Control Policy (52.) Streamline the procedure for redetermining the number of permits allowed for a municipality when a population change occurs. (53.) Require that appeal hearings for the granting and renewal of a liquor permit be held in the municipality where the permit premise is to be located. (54.) Require strict enforcement of penalties for vendors with multiple violations of sales to minors. Intergovernmental Relations policy (55.) Require that state administrative agencies which adopt rules affecting local governments be required to give prior notice and engage in prior consultations with local officials. (56.) Provide for adequate local comment, review and counsel on state plans prepared by state agencies as a prerequisite for federal funding. (57.) City law directors and city civil service commissions should not be required to provide free services to school boards. (58.) The state should take the same approach to local unfunded mandates as they expect from the Federal government. (59.) Continue to recognize the need for a strong partnership between state and local governments on the rebuilding and maintenance of Ohio's local infrastructure, marked by continued state investments in local infrastructure projects and a primary reliance on the judgement of local officials in those projects. (60.) Require that townships within the jurisdiction of a municipal court and the state highway patrol pay a share of the operating costs of that court to the same extent as municipal corporations. OHIO MUNICIPAL LEAGUE Telephone 614-221-4349 Toll Free 1-800-561-3597 |
