The Ohio Constitution allows the General Assembly to limit a city’s power to levy taxes, but the City does not believe that authority allows the State to collect and administer a tax levied by the city. That power rests with the city of Oakwood as an exercise of its constitutional Home Rule authority, and the City remains hopeful that the appellate court will vindicate this important local right.
In order to comply with the state-mandated deadline, this ordinance is being introduced as an emergency ordinance and no second reading is required.
Thereupon, it was moved by Vice Mayor Byington and seconded by Mrs. Hilton that the ordinance be passed as an emergency measure, with no second reading required.
Mayor Duncan added that when the City testified against centralized income tax collection, the State indicated that the Ohio Business Gateway was not adequately prepared to handle it. If the State feels that this is such a great opportunity for businesses, they should not have to require cities to adopt this ordinance or threaten cities with the loss to tax whatsoever. This attack on Home Rule continues, and cities no longer have partners in Columbus, but threats to local governments. Cities have fought for Home Rule provisions in the past with success, most recently the speed camera case. Now, because of this loss, state officials are being spiteful. There is currently legislation in Columbus stating that cities cannot charge court costs for people found violating the speed camera law, and if so, the State can deduct dollar-for-dollar those fines directly from the Local Government Fund distribution. Representative Seitz, the person sponsoring this legislation, was quoted during House Bill 5 stating that if the cities do not quit complaining about this, the ability to tax municipalities will be eliminated altogether. Unfortunately, Representative Butler is co-sponsoring. Mayor Duncan feels that Representative Butler should not be working with Representative Seitz because he is not a supporter of local governments.
Upon call of the roll on the question of the motion, the following vote was recorded:
There being five (5) yea votes and no (0) nay votes thereon, said ordinance was declared duly passed and it was so ordered.
The public meeting concluded at 5:07 p.m.