Budget Overview - Ccao

Budget Overview - Ccao

FY 2012/2013 BUDGET OVERVIEW COUNTY COMMISSIONERS ASSOCIATION OF OHIO User Note Please note the page numbers following various sections of this powerpoint. This page number corresponds with the associated page number in your budget overview. The overview and powerpoint can be found on the CCAO website at www.ccao.org In addition, CCAO is producing numerous county advisory bulletins to provide commissioners even greater detail on numerous budget provisions contained within the powerpoint. COUNTY COMMISSIONERS ASSOCIATION OF OHIO Revenues

LOCAL GOVERNMENT FUND (LGF) TANGIBLE PERSONAL PROPERTY (TPP) & UTILITY REIMBURSEMENTS CASINO REVENUE COUNTY COMMISSIONERS ASSOCIATION OF OHIO Local Government Fund COUNTY COMMISSIONERS ASSOCIATION OF OHIO Local Government Fund Estimated $129 million in SFY 12 $406 million in SFY 13 $535 million over biennium

CY loss of LGF to local governments: distributions from the LGF: $650 million in CY 10 $648.2 million in CY 11 $465 in CY 12 $185.5 million first six months of CY 13 All dealers in intangible tax redirected to state GRF in 2012 - annual loss of $11 million to LGF (p. 7-9) COUNTY COMMISSIONERS ASSOCIATION

OF OHIO Local Government Fund Budget replaces percentage of tax revenues received by state GRF each month with: 75% of SFY 2011 base year allocations in SFY 2012 50% of SFY 2011 allocations in SFY 2013 Budget proposes to reset to percentage of revenue approach in SFY 14 based on dividing SFY 13 LGF deposits by total SFY 13 tax revenues. (The reset may

be revised by next state budget.) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Local Government Fund Three factors affect level of cuts particularly in SFY 12 25% cut first applied beginning in August 2011 state revenue growth reflected in LGF distributions for first seven months of calendar year From August 2011 through June 2012 all 88 county undivided local government funds to receive proportionate share of additional $ 50 million During SFY 12 and SFY 13 each county undivided

local government fund will receive no less than the smaller of $750,000 or the amount received during SFY 2011 COUNTY COMMISSIONERS ASSOCIATION OF OHIO Local Government Fund Minimum distribution provision provides additional distributions of $1.3 million in SFY 12 and $5.1 million in SFY 13 Counties affected by this minimum distribution provision include: Adams, Brown, Carroll, Fayette, Gallia, Hardin, Harrison, Henry, Highland, Hocking, Holmes, Jackson, Meigs, Monroe, Morgan, Morrow, Noble, Paulding, Perry, Pike, Van Wert, Vinton, and Wyandot.

$50 million supplement and the minimum distribution provisions do not apply to portion of LGF distributed directly to qualifying municipalities COUNTY COMMISSIONERS ASSOCIATION OF OHIO Local Government Fund LGF Funding $700,000,000 $600,000,000 $500,000,000 $400,000,000 $300,000,000 $200,000,000 $100,000,000 $0 2009 2010 2011

2012 Year Dollars Year COUNTY COMMISSIONERS ASSOCIATION OF OHIO TPP & Utility Reimbursement COUNTY COMMISSIONERS ASSOCIATION OF OHIO TPP & Utility Reimbursement Total estimated combined budgetary loss to schools and local governments from accelerated phase out of tangible personal

property (TPP) and public utility replacement payments is $587 million in SFY 2012 and $845 million in SFY 2013. Savings to state are equivalent amounts. In CY 2010, counties received reimbursements from both sources of $297 million. Under state budget, reimbursements will be reduced to $165 million in SFY 12 and $110 million in SFY 2013 (p. 9-10) COUNTY COMMISSIONERS ASSOCIATION OF OHIO TPP & Utility Reimbursement Savings to the state from accelerated reductions in reimbursements to counties form both sources (TPP & Utility) was estimated to be roughly $100 million per year in SFY and SFY 13.

These savings to the state are in addition to savings the state realizes as a result of the gradual phase out of TPP and Utility Payments under prior law. Losses to counties would be an equivalent amount. COUNTY COMMISSIONERS ASSOCIATION OF OHIO TPP & Utility Reimbursement Budget accelerates phase-out of reimbursement for lost TPP and public utility tangible property taxes TPP was eliminated by tax reform (2005), full reimbursement with Commercial Activity Tax (CAT) (2006-2010), old law provided phase down 2011-2018, Electric and natural gas deregulation occurred in 1999 and 2000, kilowatt hour tax (KWH)and natural gas (MCF) tax created, in

part to reimburse local governments for lost revenues COUNTY COMMISSIONERS ASSOCIATION OF OHIO TPP & Utility Reimbursement In 2010, 100% of CAT devoted to local reimbursement for lost TPP, 70% schools, 30% other local governments Under state budget, by 2020, 100% of CAT dedicated to State GRF In 2010, 63% of kilowatt- hour (KWH) tax dedicated to state, 37% dedicated to schools and local governments Under state budget, in 2012, 88% of KWH dedicated to state, 12% of KWH dedicated to local governments, by 2030, 100% dedicated to state COUNTY COMMISSIONERS ASSOCIATION OF OHIO

TPP & Utility Reimbursement Prior to state budget 69% of MCF revenues dedicated to schools, 31% dedicated to other local governments In 2012 under budget, 100% of MCF tax dedicated to state GRF(approx. $66 million) Beginning with second payment in 2011, reimbursement payments are phased out for TPP and utility property, but phase out is limited to no more than 2% of total resources each year COUNTY COMMISSIONERS ASSOCIATION OF OHIO TPP & Utility Reimbursement For counties, for purposes of the phase

out, qualifying levies are broken into five service functions: mental health and developmental disabilities, public health, senior services, children services, and other county levies, which includes county general fund The phase out schedule for each of the five is calculated independently COUNTY COMMISSIONERS ASSOCIATION OF OHIO TPP & Utility Reimbursement For the four defined services, total resources are:

Sum of their 2010 reimbursements under TPP and utility property Collection year 2010 real and public utility property taxes Rollback and homestead reimbursements For the other category, total resources are: Resources mentioned above Base county sales tax (Excluding additional county sales tax) county share of LGF for 2010 COUNTY COMMISSIONERS ASSOCIATION OF OHIO

TPP & Utility Reimbursement Beginning with the second payment in 2011, reimbursements are phased out at a rate of 2% of total resources each year The 2% per year reduction is calculated and applies separately to TPP and Public Utility Personal Property so local jurisdictions could lose up to 4% in any given year until payments cease The three payments per year under TPP reimbursement are reduced to two, one payment for 1/7 is still made in May with the August and October payments combined in to a single 6/7ths November 20th payment. The treasurer has until December 31 to ensure the payment is received by local jurisdictions. The Public Utility Personal Property payments are made by February 28th and August 31st of each year. COUNTY COMMISSIONERS ASSOCIATION OF OHIO TPP & Utility Reimbursement

If in any year the payment is less than 2% of total resources, then no payment is made In 2013, the budget suspends the phase down of reimbursements for entities that are still receiving reimbursements (essentially any county service function with more than a 6% reliance on either TPP or Utility Personal Property reimbursement). The accelerated phase down may be resumed or changed with next state budget. COUNTY COMMISSIONERS ASSOCIATION OF OHIO TPP & Utility Reimbursement Many service functions do not have more than a 6% reliance on either TPP or public utility reimbursement and thus payments will be phased out by CY 2013 For example, TPP reimbursement will be phased out for all but 6 counties with

respect to other service function which includes county general fund For public utility property reimbursement, all but 3 counties will be phased out in other service function by CY 2013 COUNTY COMMISSIONERS ASSOCIATION OF OHIO TPP & Utility Reimbursement All local governments have until June 20, 2013 to make sure that the classification and amount of reimbursement payments are accurate before TPP and Public Utility payments become final. If you have concerns or questions regarding any property tax levy listed on the Department of Taxation website, please email: [email protected]

For additional data, please use the following link to the Department website: http://tax.ohio.gov/channels/government/phase out.stm COUNTY COMMISSIONERS ASSOCIATION OF OHIO Casino Revenue COUNTY COMMISSIONERS ASSOCIATION OF OHIO Casino Revenue Counties receive 51% of gross casino revenue As If

appropriated by HB 156 Calendar year 2012 -- $44 million January-June 2013 -- $69 million Video Lottery Terminals (VLTs) reduce by 27% Calendar year 2012 -- $32 million January-June 2013 -- $49 million Dept of Taxations (TAX) October 2009 report on the casino ballot issue (p.11-12) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Casino Revenue - Assumptions TAXs Distribution:

CY 2012 April, July, and October distribution Jan-June 2013 January and April distribution Distributions are for the 3 previous months Casinos begin operation: Toledo & Cleveland March 2012 Cincinnati & Columbus February 2013 TAXs estimates regarding operating capacity COUNTY COMMISSIONERS ASSOCIATION OF OHIO

Casino Revenue Distributions County Share shown on chart Takes TAXs estimated amount disbursed from Fund 5JG0 Gross Casino Revenue County Fund Divides total by Ohio 2010 census population Multiplies by each countys 2010 population Reduces the 8 largest counties by 50% If largest city in the county has a population in excess of 80,000 that city receives one-half of that countys allocation

COUNTY COMMISSIONERS ASSOCIATION OF OHIO Other Highlights General Government and Operations Health and Human Services Jobs, Economic Development, and Infrastructure Public Safety and Criminal Justice Agriculture and Rural Affairs Taxation and Finance COUNTY COMMISSIONERS ASSOCIATION OF OHIO General Government and Operations State Health Care Pool Self-Insurance Programs Wellness County Recorder Training Public Record Retention and Lawsuit Reform COUNTY COMMISSIONERS ASSOCIATION OF OHIO

State Health Care Pool ORC Sections 9.901; 305.171 To be mandatory, or not to be mandatory? Charts a path DAS must take in exploring and possible creating pools. DAS has authority to make pools mandatory should they be established. Exemptions from Hypothetically Mandatory Pools: Self-insured entities w/TBD best practices Consortiums w/TBD best practices

A more financially advantageous alternative (p.25-26) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Self- Insurance Programs ORC Section 9.833 Public Individual SI employers no longer exempt from: Evaluation by a certified actuary Reserving funds as actuarially deemed necessary; and reporting annually to AOS. Establishing a special fund for reserves by resolution New for Everyone: Requirement for certified audited financial statement Contract with a CPA for preparation of written evaluations (p.26) COUNTY COMMISSIONERS ASSOCIATION OF OHIO

Wellness ORC Section 3901.56 Insurers, including public employee benefit plans, now explicitly authorized to offer a wellness or health improvement program that provides rewards or incentives to encourage participation. Note: CCAO still pursing wellness and Sec 125 authority under ORC Sec 305.171 in HB 225 to clarify authority to make programs eligible for fringe benefits. (p.27) COUNTY COMMISSIONERS ASSOCIATION OF OHIO County Recorder Training Join Sheriff, Auditors, Coroners, Treasurers (Engineer, Prosecutors, and Judges)

8 Hours of continuing education approved by the Ohio Recorders Association Newly Elected-15 hours in 1st year, 8 hours each subsequent. Commissioners shall approve reasonable amount for registration fees, lodging and meal expenses, travel expenses. Non-compliance= Failure to complete notice (for informational purposes only). (p. 27) COUNTY COMMISSIONERS ASSOCIATION

OF OHIO Public Record Retention and Lawsuit Reform RC-2s dictate when to send OHS an RC-3 AG can train on retention schedule Limits cumulative total amount for wrongful destruction suit to $10K Attorney Fees limited to $10K First Past the Post provision. 5 Year Statute of Limitations No recovery if request was a pretext (p. 28) COUNTY COMMISSIONERS ASSOCIATION OF OHIO

State Government Re-Organization Plan DAS to develop recommendations. Report by January 1, 2012 Ohio Constitutional Modernization Commission 1) 2) (p.29) Commission authorized by Speaker Batchelder Bill (HB 188) Budget provides $50K a year for the operation of the Commission a preparatory body to determine whether a convention should one be called

a revisory body to advise the legislature with respect to needed changes. Commission will consist of 32 members, 3 appointed by each caucus leader of each chamber, the 12 members then appointing an additional 20 members (p.29) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Health and Human Services County JFS, CSEA, and Children Services GRF County TANF Allocations Developmental Disabilities Behavioral Health County Homes HHS- On the Horizon COUNTY COMMISSIONERS ASSOCIATION OF OHIO Health and Human

Services County JFS, CSEA and Children Services GRF Across-the-board 10% GRF cut: ok, but for Adoption Assistance Cost shift of $7M! averted during deliberations Child Support Enforcement Proposed 15% state GRF cut Loss of federal incentive match left large $ gap

$15M less local dollars= $45M total loss (counting fed match) State agreed to invest $7M year for total of $21M w/ fed match. County TANF Allocations Proposed: $211M/year ($80M/yr, or 28% cut) Final Result: $ 236M/year (55M/yr, or 19% cut) Counties under pressure to make work participation rate in FFY12 or risk $$ sanction. (p.33-34) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Developmental Disabilities

County boards received approximately a 30% cut in state subsidies compared to SFY11 levels. 100 90 80 70 60 50 40 30 20 10 0 Tax Equity* County Board Subsidies Family Support Svcs Residentail Support Svcs

2010 2011 2012 2013 COUNTY COMMMISSIONERS ASSOCIATION OF OHIO Behavioral Health Medicaid match $$ now provided by state instead of local boards; intent to free up more $ $ for non-Medicaid eligible individuals in need. (p.37-38) Funding *Charts courtesy of OACBHA

COUNTY COMMMISSIONERS ASSOCIATION OF OHIO County Homes Changes in Long Term Care Funding Several changes under principle of rebalancing long term care. Home/Community Care +6% in 2013 (42%) Franchise Institution Care -6% in 2013 (58%) fee no change in current status of county homes (despite efforts by some, which will continue.)

-Joint Legislative Cmte for Long-Term Services and Supports (p.36) COUNTY COMMMISSIONERS ASSOCIATION OF OHIO HHS - On the Horizon Medicaid eligibility determinations and the impact on county human service delivery systems. Help Me Grow Funding changes and their impact: administrative funding service delivery and eligibility (Part C) Bureau

for Children with Medical Handicaps (BCMH) proposal to increase county spending likely to continue in the future. COUNTY COMMMISSIONERS ASSOCIATION OF OHIO Jobs, Economic Development, and Infrastructure Economic Development COUNTY COMMISSIONERS ASSOCIATION OF OHIO Economic Development Invest Invest in a small business enterprise

Ohio personal income tax credit employment base of 50 in OH or majority of US employees in OH business test less than $50 million in assets or $10 million in sales Credit is 10% of qualifying investment $1 million maximum allowable in a biennium Program Job Retention Tax Credit December 2013 $20 Extensions:

million payroll / $5 million capital investment Incumbent Worker Training $6,000 per year / 33% employer or employee paid Rapid Outreach Grants Infrastructure improvements byCOUNTY political subdivisions COMMISSIONERS ASSOCIATION Enterprise Zone Extension Oct 15, 2012 (p.40-41)OF OHIO

Economic Development Regional Transit Authority membership Political subdivision membership in certain RTAs RTA must levy property tax and include county of at least 400,000 population Ballot issue by November 5, 2013 Question of joining or leaving Action effective 6 months after certification of ballot issue Study - expansion of RTA outside its territorial boundaries Conducted by Ohio Public Transit Authority Must consult with CCAO, OML, and OTA

Report due to GA and Governor by December 31, 2011 (p. COUNTY COMMISSIONERS ASSOCIATION OF OHIO Prevailing Wage State Projects exempted from prevailing wage: Job Ready Sites program Ohio Rail Development Commission Energy resource development projects Projects receiving funding from DOD ORC Chapters 122, 165, or 166

(p.39) COUNTY COMMISSIONERS ASSOCIATION OF OHIO E-Check June 2017 County sewer district transfer of assets to a municipality by mutual agreement Any part of water supply or sanitary facilities that are connected to the municipality's facilities Water supply or sanitary facilities that are located within the

district and within or annexed to the municipal corporation Ohio Housing Study Committee 7 Members - Auditor, Directors of Commerce, Development, 2 House/ 2 Senate members Report by March 31, 2012 Purpose review policies, programs, and partnerships of Ohio Housing Finance Agency (OHFA) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Public Safety and Criminal Justice Indigent Defense Community Corrections Act Funding DRC Reorganization and HB 86 Sentencing Reform COUNTY COMMISSIONERS ASSOCIATION

OF OHIO Indigent Defense Biennium reimbursement rate of 35% Cost to counties: $74.8 million in FY 11 $83.9 million in FY 12 $86.8 million in FY 13 State GRF contribution:

$12.6 million in FY 11 31% $3.0 million in FY 12 7% $3.6 million in FY 13 8% Reliance on Indigent Defense Support Fund (p.47) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Community Corrections Act Funding Prison diversion 407 line item up $3.4 million

Jail diversion 408 line item up $3.6 million Increased from $22.4 to $25.8 million each year Increased from $11.3 to $14.9 million each year Net gain in CCA funding = $7 million per year (p.48) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Community Corrections Act Funding Where is it going????

Elimination of APA staff to assist with presentence investigation and report writing $1.3 million per year to common pleas courts Justice Reinvestment initiatives Probation Improvement Grant Probation Incentive Grant COUNTY COMMISSIONERS ASSOCIATION OF OHIO DRC Reorganization and HB 86 Sentencing Reform APA presentence activities - 48 counties Bureau of Adult Detention eliminated

Jail inspection program lost now self-report New requirements for probation departments Non-violent F4s and 5s no longer to prison Protection to keep them out of jail Infrastructure for community based corrections (p.48-49) COUNTY COMMISSIONERS ASSOCIATION OF OHIO

DYS funding RECLAIM - $30 million per year Youth Services Grants - $16.7 million per year Corrections Commission membership Township/municipal joint police districts Commission on Dispute Resolution abolished Disposal of forfeited firearms/ordnance

Sheriff can sell to licensed firearms dealer COUNTY COMMISSIONERS ASSOCIATION OF OHIO Agriculture and Rural Affairs Soil and Water Match Conservation Program Delivery Task Force COUNTY COMMISSIONERS ASSOCIATION OF OHIO Soil and Water Match $9.6 M for biennium. Approx. 80% match. Sources of Funding:

GRF Tire Fees CDD Fees MSW Fees $2.9 $3.5 $1.2 $3.3 M M M M* Conservation Program Delivery Task Force Examine methods for improving services and removing impediments to organizational management and explore opportunities for sharing services across all levels of government (p.53-54)

COUNTY COMMISSIONERS ASSOCIATION OF OHIO Taxation and Finance Fiscal Distress AOS Costs DTAC Funds Tax Amnesty COUNTY COMMISSIONERS ASSOCIATION OF OHIO Fiscal Distress New yellow flag status: Fiscal Caution Fiscal Watch will require a financial recovery plan w/in 120 days Fiscal Emergency will require a 5-year forecast as a part of the financial recovery plan (p.55)

COUNTY COMMISSIONERS ASSOCIATION OF OHIO AOS Audits Enables the AOS to cost allocate its employees expenses, including vacation & sick leave time, when calculating audit costs Subsequent rule filed for audit hourly rate of $41 (p.56) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Delinquent Tax & Assessment Collection Funds Budget divides DTAC Fund into 2 separate funds, one for expenses of county

treasurer and the other for county prosecutor Prior law required half of the money in each countys fund to be appropriated to the treasurer and half to prosecutor Purposes for which the money may be used remain the same (p. 56-57) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Delinquent Tax and Assessment Collection Funds Treasurer and prosecutor may ask auditor by October 20 for following year to suspend deposits of delinquent tax collection money if balances reach three times preceding years deposits

COUNTY COMMISSIONERS ASSOCIATION OF OHIO Tax Amnesty Budget requires Tax Commissioner to administer a tax amnesty program May 1 to June 15, 2012 (other dates apply to use tax) Amnesty applies to: Personal income tax Sales and use Corporate franchise Estate Motor fuel Cigarette Commercial activity tax (CAT) Natural gas excise

Dealers in intangibles Local taxes County & transit authority sales taxes School district income taxes (p. 57) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Tax Amnesty for Use Tax Use tax amnesty program begins October 1, 2011, ends May 1, 2013

Requires payment of all use taxes owed on or after January 1, 2009 Permits use tax payment plan to last 7 years Waives interest and civil and criminal penalties for taxpayers that qualify Prohibits waiver of interest and penalties for taxpayer that registers for payment of use tax before June 1, 2011 COUNTY COMMISSIONERS ASSOCIATION OF OHIO TOOLS Local Government Innovation Fund Furloughs Modified Work Week Public Notice Reform Quarterly Spending Plans Centralized Services Shared Services Health Districts Public Construction Reform

Prevailing Wage Data Boards County Human Service funding Flexibility Local Court Filing Fees Inmate Medical Care Debt Collection Assistance by AG COUNTY COMMISSIONERS ASSOCIATION OF OHIO Coroner Fees Local Government Innovation Fund (ORC Sections 189.01-189.10) Local Government Innovation Program will provide grants and loans to foster collaboration and cooperation $45 million available

Administered by Ohio Department of Development Overseen by 15 member Local Government Innovation Council (p.10) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Local Government Innovation Fund (ORC Sections 189.01-189.10) Members of the Council Director of Development Director of Budget and Management Auditor of State Two members State Senators

Two members of the Ohio House of Representatives One member recommended by the Ohio Municipal League One member recommended by CCAO One member recommended by the Ohio Township Association One member recommended by the Ohio Chamber of Commerce One member recommended by the Ohio School Boards Association One member recommended by an Ohio-based advocacy group selected by Governor; One member who is recommended by an Ohio-based foundation selected by Governor; COUNTY COMMISSIONERS ASSOCIATION One member with expertise in local government issues appointed by the OF OHIO chancellor of the board of regents. Local Government Innovation Fund Responsibilities of the Council To establish a competitive loan and grant program

To establish criteria for loans and grants by 1231-11 To award loans and grants to political subdivisions To take such other actions, in consultation with DOD, to implement the program COUNTY COMMISSIONERS ASSOCIATION OF OHIO Local Government Innovation Fund Eligible Political Subdivisions Counties Townships Municipalities School Districts Other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state including a county hospital commission, a municipal board of hospital commissioners or trustees, a county or regional planning commission, a joint planning council, an interstate regional planning commission, a port authority, a council of governments, an emergency planning district, a joint emergency medical services district, a fire and ambulance district, a joint interstate emergency planning district, a

county or joint county solid waste management district, a community school, the county or counties served by a community or district CBCF COUNTY COMMISSIONERS ASSOCIATION OF OHIO Local Government Innovation Fund Criteria for Grants and Loans One political subdivision must provide matching funds Matching funds may be provided by private entity Other criteria may include:

Expected return on investment, based on the ratio of expected savings Number of participating entities Probability of the proposal's success % of local matching funds available Ability to replicate the proposal in other political subdivisions If the proposal is part of a larger consolidation effort If the proposal is to implement performance audit recommendations If the applicant has successfully completed an innovation project in COUNTY COMMISSIONERS ASSOCIATION the past OF OHIO Local Government Innovation Fund Application Process Criteria for grants to be established by 12-31-11 Proposals submitted to District Public Works Integrating Committee District Committee submits to DOD with advisory

comments DOD transmits to Councilevaluation to start by 3-112 Council evaluates proposals and awards grants and loans First awards by 7-1-12. Subsequent awards quarterly COUNTY COMMISSIONERS ASSOCIATION OF OHIO Local Government Innovation Fund Other Conditions of the Program Up to 20% of funds may be awarded as grants for use in process improvement or implementation Loans may be used for the purchase of equipment, facilities, or systems or for implementation costs

An individual political subdivision may receive not more than $100,000 and not more than $500,000 per project for both grants and loans COUNTY COMMISSIONERS ASSOCIATION OF OHIO Local Government Innovation Fund Other Conditions of the Program Loans made to be repaid by recipients using savings achieved from the innovation project. At least 30% must go political subdivisions, except counties, with less than 50.000 population or to counties with a population of less than 130,000

At least 30% must go to political subdivisions, except counties, with more than 50,000 population or to counties with a population of 130,000 or more COUNTY COMMISSIONERS ASSOCIATION OF OHIO Furloughs Re-establishes automatic authority for nonvoluntary furloughs, up to 80 hours in SFY 12 & 13 By appointing authority for non-bargaining employees After SFY 13, can conduct on basis of lack of funds or reasons of economy or jurisdiction in fiscal watch/emergency Guidance: http ://www.ccao.org/LinkClick.aspx?link=Archives+MJ%2 f2009+Furlough+Seminar+Handout.pdf&tabid=387 &mid=1022&language=en-US COUNTY COMMISSIONERS ASSOCIATION

OF OHIO (p.15) Modified Work Week Automatic authority in SFY 12 & 13 After SFY 13, can conduct on basis of lack of funds or reasons of economy or jurisdiction in fiscal watch/emergency By appointing authority for non-bargaining employees, though can be applied differently among employees based on relevant distinctions Allows reduction up to 50% of usual hours worked (p. 15) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Public Notice Reform

State Public Notice Website No Cost to Post; Online submittals Newspaper of general circulation modified Use of Inserts Government Rate Alternative Publication Option (7.16) One Full Publication Print Summary Publication and Post on State Public Notice Website (p. 20) COUNTY COMMISSIONERS ASSOCIATION OF OHIO

Quarterly Spending Plans (ORC Section 5705.392) Current Law Commissioners may, as a part of appropriation resolution, include a quarterly spending plan Quarterly spending plan includes an amount for each line item that may be spent during each quarter of the year Quarterly spending plan applies only to the county general fund, not special funds (p.16) COUNTY COMMISSIONERS ASSOCIATION

OF OHIO Quarterly Spending Plans Current Law If quarterly spending plan is adopted, it must be done for all offices in the general fund and not for individual offices. If a quarterly spending plan is adopted, it is the basis for certification of availability of funds by the county auditor under ORC 5705.41(D) Also applies to an amended or supplemental appropriation resolution COUNTY COMMISSIONERS ASSOCIATION OF OHIO

Quarterly Spending Plans New Law The general authority specified above remains unchanged, but now a quarterly spending plan may be adopted and apply to any office and from any fund in the county treasury, IF The office has spent or encumbered more than 60% of the appropriation for personal services during the first 6 months Quarterly spending plan applies to 2nd half of year and during any subsequent year, COUNTY COMMISSIONERS ASSOCIATION OF OHIO Quarterly Spending Plans New Law

OR The office has spent 110% or more of the appropriation for personal services during the previous year The 110% threshold is based on the original permanent appropriation resolution and not any supplemental appropriations for personal services The quarterly spending plan remains in effect for two years or until the elected official is no longer in office COUNTY COMMISSIONERS ASSOCIATION OF OHIO Quarterly Spending Plans New Law Notification Requirement

Commissioners must give written notice to elected official if it intends to adopt a quarterly spending plan Must be send 30 days before adoption of spending plan Regular first class mail or personal service Must include copy of proposed quarterly sending plan Official may meet with board of commissioners during a regular session to comment, express concerns, or ask questions COUNTY COMMISSIONERS ASSOCIATION OF OHIO Centralized Services (ORC Section 305.23)

General Inside of the County ORC Section 305.23 authorizes county commissioners to establish centralized service programs for a number of administrative and operational functions common to multiple county offices. The vision is that by combining certain functions into a centralized service, taxpayer dollars would be saved and greater efficiency and would result. (p.16) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Centralized Services Types of Centralized Services The following services may become centralized under the new law:

Purchasing Printing Transportation Vehicle maintenance Human resources Revenue collection Mail operation COUNTY COMMISSIONERS ASSOCIATION OF OHIO Centralized Services County Offices Impacted County Commissioners

County Auditor County Treasurer County Engineer County Recorder Prosecuting Attorney Sheriff

Coroner County Park District Veterans Service Commission Clerk of the Juvenile Court Clerks of Court for all divisions of the common

pleas court including the COUNTYof COMMISSIONERS ASSOCIATION clerk the court of OF OHIO common pleas, clerk of a county-operated municipal court, and clerk of a county Centralized Services Exemptions Purchases for contract services made by the county recorder from the Recorders Equipment Fund, if the fund has been established pursuant to ORC Section 317.321. Purchases

of software used by the county recorder. Purchases by the county auditor from the Real Estate Assessment Fund (REA) established under ORC Section 325.31. Purchases from the sheriffs or prosecutors Furtherance of Justice Funds (FOJ) established under ORC Sections 325.071 and 325.12. COUNTY COMMISSIONERS ASSOCIATION OF OHIO Centralized Services Exemptions Purchases of financial software used by the county auditor. The printing of county property tax bills.

The collection of any taxes, assessments, and fees collected by the county treasurer. The law also includes a general exemption from using centralized services. Does not authorize commissioners to have control or authority over funds received directly by a county office under another section of the Revised Code, or to control, or have authority regarding, the expenditure or use of such funds. COUNTY COMMISSIONERS ASSOCIATION OF OHIO Centralized Services Procedure to Establish Centralized Services Commissioners adopt resolution to establish one or more centralized services applying to one or more county offices

After adoption copy of resolution must be sent to impacted county offices within 10 days of adoption by clerk Notice must be given to impacted county offices before adoption of resolution No specific time limit in statue for required notice Recommend 2 week and accomplish notice by adoption of resolution of intent Notice must include a statement on rationale and estimated savings for establishing the centralized service COUNTY COMMISSIONERS ASSOCIATION OF OHIO

Centralized Services Provision of Centralized Services by Other County Offices Law does not require or anticipate commissioners to be responsible for the provision of centralized services to other county offices. Law authorizes other county offices to serve as the agent and responsible party for administering any of the centralized services Commissioners may request another county office to serve as the responsible party for administration of a centralized service COUNTY COMMISSIONERS ASSOCIATION OF OHIO

Centralized Services Provision of Centralized Services by Other County Offices Commissioners may not require the office to perform this function unless the office consents. If another county office agrees to administer a centralized service the office enter into an agreement with the commissioners COUNTY COMMISSIONERS ASSOCIATION OF OHIO Centralized Services Contents of Resolution Implementing Centralized Services Name

of county office that will be the agent and responsible party for administering a centralized service If agent is not the commissioners, the name of county office that will be the responsible party that has entered into an agreement with the commissioners A list of the county offices required to use the centralized services COUNTY COMMISSIONERS ASSOCIATION OF OHIO Centralized Services Contents of Resolution Implementing Centralized Services A list of which centralized service each county office must use. A list of rates and charges the county office must pay for the centralized services Date when county offices must begin using the centralized service or services

Commissioners clerk must send a copy of the resolution to each county office specified in the resolution. Must be sent not later than 10 days after adoption COUNTY COMMISSIONERS ASSOCIATION OF OHIO Centralized Services Statutory Provisions Relating to Centralized Human Resource Function Law contains a definition that clearly defines what functions among county offices may be centralized Human resource functions that may be centralized include: Civil service Employee benefits administration Collective bargaining Labor relations Risk management Workers' compensation Unemployment compensation Human resource functions required by state or federal law.

(Equal Employment Opportunity, ADA, COBRA, and FLSA) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Centralized Services Statutory Provisions Relating to Centralized Human Resource Function Human resources functions do not include the ability to: Require county offices to conform to classification plan Require county offices to conform to a compensation plan Require county offices to use position descriptions

Require county offices to use an organizational structure COUNTY COMMISSIONERS ASSOCIATION OF OHIO Centralized Services Statutory Provisions Relating to Centralized Human Resource Function No authority is granted to: Determine the compensation of any employee Determine the salary ranges of positions in a county office

Determine the number of employees in a county office Determine the terms of employment of any employee in a county office The county office must still comply with the aggregate appropriation for salaries or personal services set in the appropriation resolution COUNTY COMMISSIONERS ASSOCIATION OF OHIO Centralized Services Statutory Provisions Relating to Centralized Human Resource Function A centralized human resource operation also may not exercise powers related to the following employment related activities: Hiring Qualifications Evaluation Suspension

Demotion Disciplinary action Layoffs, furloughs, modified work week schedule Termination COUNTY COMMISSIONERS ASSOCIATION OF OHIO Shared Services Outside of the County ORC Section 307.15 is current law and applies to the authority of the board of county commissioners

ORC Section 9.482 is new law and applies to virtually all political subdivisions (p.18) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Shared Services Current Law Authority (ORC 307.15) Current law allows commissioners to enter into an agreement with the legislative authority of the following political subdivisions: Municipalities Townships Port authorities Water or sewer districts School districts Library districts Health Districts Park districts Soil and water conservation districts Other boards of county commissioners Other taxing districts

COUNTY COMMISSIONERS ASSOCIATION OF OHIO Shared Services Current Law Authority (ORC 307.15) Agreement may empower commissioners to undertake and exercise any power, perform any function, or render any service, on behalf of the contracting subdivision that the other subdivision is authorized to exercise, perform or render If county contracts with other subdivision, that subdivision may exercise any power, perform any function, or render any service, on behalf of the county that the county may exercise, perform, or render

Includes the same powers as the contracting subdivision possess including powers necessary or incidental to the performance of the contract if such powers exist for either contracting entity Two boards of commissioners may by contract create a joint agency to exercise any power, perform any function, or render any service COUNTY COMMISSIONERS ASSOCIATION OF OHIO Shared Services Current Law Authority (ORC 307.15) If agreement does not provide which officer, office, department, agency, or authority, performs the responsibilities of the contract, the commissioners determine and assign such powers and duties

No agreement or no joint agency may contract for investment powers and functions, or may render any investment service on behalf of a contracting subdivision or other county No agreement may provide for the levying of taxes on behalf of, a contracting subdivision unless approved by a majority of the electors of the contracting subdivision COUNTY COMMISSIONERS ASSOCIATION OF OHIO Shared Services New Law Authority (ORC 9.482) New law authority appears to be based or current county authority with following exceptions: Definition of political subdivisions county may contract with may be slightly broaderall subdivisions subject to sovereign immunity lawORC Section 2744.01

Does not prohibit a political subdivision from entering into an agreement to collect, administer, or enforce any tax on behalf of another political subdivision COUNTY COMMISSIONERS ASSOCIATION OF OHIO HEALTH DEPARTMENT OFFICE SPACE Budget as introduced and passed by the House contained a provision phasing out the county general fund responsibility to provide office space for a general health district This provision removed by the Senate and did not survive in Conference Committee

Budget enacts ORC 3709.341 that allow commissioners to donate or sell property, buildings, and furnishings to health districtsgeneral or combined Deed conveying property must include a reverter clause to address what happens if the health district later sells the property donated or sold by commissioners (p.15) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Public Construction Reform Eliminates requirement that multiple prime contracting be used for public improvements. Provides public authorities with 4 options:

Multiple prime contracting method Construction Manager at Risk (CMAR) Design Build General contractor as sole prime contractor (p.19) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Public Construction Reform Advantages of eliminating multiple prime mandate:

Simplifies contracting by limiting number of construction companies owner deals with to one company Shifts construction contract risk away from owner Improves project coordination, saves time, and has potential to save public dollars COUNTY COMMISSIONERS ASSOCIATION OF OHIO Prevailing Wage Thresholds for public buildings increased New construction $125,000

Sept 29, 2010 $200,000 Sept 29, 2011 $250,000 Sept 29, 2012 and beyond Reconstruction $38,000 Sept 29, 2010 $60,000 Sept 29, 2011 $75,000 Sept 29, 2012 and beyond (p.19-20) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Prevailing Wage Public Improvements still covered

Road, bridge, sewer, ditch projects Current thresholds New construction - $78,258 Reconstruction - $23,447 Adjusted biennially by Director of Commerce COUNTY COMMISSIONERS ASSOCIATION OF OHIO Prevailing Wage Projects

exempted from prevailing wage: Completed solely with donated labor Port authorities Urban redevelopment corporations COUNTY COMMISSIONERS ASSOCIATION OF OHIO Data Processing Boards Budget permits BOCC to adopt resolution requiring county automatic data processing board to assume duties of

county records commission county microfilming board If combined board is established, all county elected officials and a common pleas judge serve on board (two board of elections officials also may serve on board) (p.17-18) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Data Processing Boards County auditor is administrator of expanded board Data board may establish centralized and decentralized operations for various functions Data board, with BOCC approval, may contract

with federal, state, local and other agencies for services Data board shall establish charges for services and charge county offices for services COUNTY COMMISSIONERS ASSOCIATION OF OHIO County Human Service Funding Flexibility Mandated Share flexibility Reduction in mandated share ceiling; now 105%, compared to $110% TANF Title XX

Ability to transfer $$ from PA Fund to Children Services Fund or CSEA Fund (p.15) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Local Court Filing Fees Seeking oversight/transparency Generally spent by a Court order with an appropriation or annual report Court computerization/legal research Mediation or dispute resolution

Exceptions: Clerks office computerization and common pleas special projects court order and appropriation Municipal and County courts special projects and probate court fees court order (p.23) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Inmate Medical Care Medicaid reimbursement rate currently for county jails and state correctional facilities Now

included: Corrections Commissions Municipalities Townships (p.21) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Debt Collection Assistance by the Attorney General Debt payable to a political subdivision Outstanding for 45 days Submit request to collect to the AG AG must agree to collect - ORC 131.02 Process:

AG sends notice to debtor Shall assess interest/May add collection cost Collects or takes to judgment/execution Can agree to compromise/payments/add fees (p.22) COUNTY COMMISSIONERS ASSOCIATION OF OHIO Coroner Witness Fees Civil case - party must subpoena coroner Expert testimony is compensated Coroner files statement with court

Serve a copy on each party Indicate fee and how it was calculated Party subpoenaing must pay within 30 days Hourly rate of Class 8 Salary = $58.33 Amount charged: Deposition = hourly rate = $58.33 Trial or hearing = hourly rate x 6 = $349.97 (p.22) COUNTY COMMISSIONERS ASSOCIATION OF OHIO

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