A RESOLUTION

BY:
NO.
FINDING THAT PUBLIC SAFETY PERSONNEL ARE SUBSTANTIALLY DEDICATED TO MITIGATING OR RESPONDING TO THE COVID-19 PUBLIC HEALTH EMERGENCY.

WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act, 116 Public Law 136, (the CARES Act) was signed into law by the President of the United States on March 27, 2020; and

WHEREAS, Ohio’s 133rd General Assembly has adopted three bills referenced collectively herein as the “State CARES Act Legislation,” namely, House Bill 481 (“H.B. 481”), Senate Bill 310 (“S.B. 310”), and House Bill 614 (“H.B. 614”), to establish a process for distributing CARES Act funds to local municipalities; and

WHEREAS, the State CARES Act Legislation requires municipalities receiving funds under Section 1 of the CARES Act to pass a resolution affirming that CARES Act funds may be expended only to cover costs of the municipality consistent with the requirements of Section 5001 of the CARES Act, as described in 42 U.S.C. §801(d), and any applicable regulations, before receiving said funds; and

WHEREAS, on July 20, 2020, this Council adopted Resolution No. 1874, affirming that CARES Act funds may be expended only to cover costs of the municipality consistent with the requirements of Section 5001 of the CARES Act, as described in 42 U.S.C. §801(d), and any applicable regulations and guidance; and

WHEREAS, on October 5, 2020, this Council adopted Resolution No. 1879, reaffirming the same; and

WHEREAS, the Ohio Office of Budget and Management (“OBM”), in its Guidance & Frequently Asked Questions, updated August 28, 2020, (“OBM Guidance”) directed local jurisdictions to “evaluate all proposed expenditures based on guidance contained within the U.S. Department of Treasury Guidance and Coronavirus Relief Fund Frequently Asked Questions;” and

WHEREAS, the OBM Guidance further advised that “it is presumed for administrative convenience that personnel costs related to [public safety] are substantially dedicated” for purposes of the CARES Act unless the chief executive of the entity receiving the funds determines otherwise; and

WHEREAS, the United States Department of the Treasury (“Treasury”), in its Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments, dated September 2, 2020, (“Treasury Guidance”) advised that “[p]ayroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency” are eligible expenditures of CARES Act funds; and

WHEREAS, the Treasury Guidance further advised that local governments may presume that “public health and public safety employees meet the substantially dedicated test, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. This means that, if this presumption applies, work performed by such employee is considered to be a substantially different use than accounted for in the most recently approved budget as of March 27, 2020. All costs of such employees may be covered using payments from the Fund for services provided during the period that begins on March 1, 2020, and ends on December 30, 2020”; and

WHEREAS, the Treasury Guidance further advised that “public safety employees” include “police officers (including state police officers), sheriffs and deputy sheriffs, firefighters, emergency medical responders, correctional and detention officers, and those who directly support such employees such as dispatchers and supervisory personnel”;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OAKWOOD, MONTGOMERY COUNTY, OHIO: