of Mallory's staff obtained raises because they will be taking up the
former duties of Ryan Adcock, who left earlier in the month to help lead
a task force on infant mortality and will not be replaced.
The Cincinnati Enquirer reported the raises earlier today, but the story at first did not mention that the budgetary moves will ultimately save the city money. The "Enquirer exclusive" includes a "tell them what you think" section in which citizens can email the mayor's office and copy Enquirer editors. The story was later updated to include the overall savings, though The Enquirer posted a separate blog titled, "Mallory getting an earful on raises," which was a collection of angry emails to the mayor based on the original version of the story.
CityBeat acquired a memo written by Mallory that outlines the rest of the plan, which will produce savings: "I will not replace Ryan Adcock on my staff. Instead, I have divided his responsibilities among my remaining staff. In addition, I will not hire the two part-time staffers that I had considered hiring. The additional work in the office will be supplemented by unpaid interns.
"In addition, I have enacted internal savings in order to return $20,000 from my FY 2013 office budget to be used for the FY 2014 city budget. Finally, in preparation of the Mayor’s Office Budget for FY 2014, I am reducing my office budget by $33,000 for the remaining 5 months of my term."
spokesperson Jason Barron says the mayor will also not be replacing
staff that leaves from this point forward, which could produce more
savings down the line.
Shawn Butler, the mayor's director of community
affairs, was given an 11-percent raise; Barron, the mayor's
director of public affairs, was given a 16-percent raise; and Arlen
Herrell, the mayor's director of international affairs, was given a
20-percent raise. Adcock also obtained a 20-percent raise briefly before
leaving, which Barron described to CityBeat as a budgetary technicality.
Since Mallory is term-limited, Barron says the savings will only apply to Mallory's remaining five months. The mayor who replaces Mallory in December will decide whether to keep or rework Mallory's policies.Last year, Barron was paid $66,144 in regular pay, Butler was paid $71,349, Herrell was paid $59,961 and Adcock was paid $66,049, according to the city's payroll records. But Barron explained that those numbers were higher because last year happened to have an extra payday. Under normal circumstances, Barron is paid $62,740 a year, Butler is paid $67,760, Adcock was paid $62,740 and Herrell is paid $62,031.
The biggest deficit plug will come from privatizing parking services, which the city manager’s office says will bring in $40 million in one-time revenue and additional revenue over 30 years as part of a long-term contract. About $21 million of the initial lump-sum payment will be used to close the 2013 budget deficit.
In the past, Councilman P.G. Sittenfeld voiced concerns about privatizing parking: “I’ll await more details, but it seems penny-wise and pound-foolish to forgo a steady revenue stream for a lump-sum payment. Cincinnati needs a structurally balanced budget and can’t keep relying on one-time sources. Places like Chicago and Indianapolis have seen their parking rates more than double following privatization — that’s a bad deal for citizens, and something we don’t need while we’re experiencing an urban renaissance.”
Another concern is whether the city’s current parking employees will be laid off if parking services are sold. Dohoney said the deal for privatization will require the winning bidder to interview all American Federation of State, County and Municipal Employees (AFSCME) workers. Full-time workers who do not join the winning bidder will be hired in other parts of the city government. “No AFSCME employee will be placed on the street if they are full-time as a result of this effort,” Dohoney claimed.
The rest of the deficit plug will come in cuts, cost shifting, savings, revenue, embedded growth and one-time sources. Among these, notable items include the elimination of the Mounted Patrol for the Cincinnati Police Department (CPD) and a $610,770 reduction in Human Services Funding. A few departments and programs, including the CPD, will face further minor cuts.
The city manager’s office claims the changes in the budget are necessary mostly due to changes at the state level. Specifically, the state government cut the Local Government Fund by 50 percent and eliminated the tangible personal property tax reimbursement and estate tax; altogether, losing these sources of revenue cost Cincinnati $22.2 million in the 2013 budget.
Facing the large deficit, Dohoney said he wanted to avoid across-the-board cuts and other major cuts to growth and investment programs: “You’re not competitive if that’s your approach.”
The budget also includes some spending increases. The Focus 52 Program will focus on redevelopment projects in Cincinnati’s 52 neighborhoods. If it’s successful, the new program will “grow the city’s revenue base, create new jobs and/or increase the population of the city,” according to the city manager’s office.
In other budget news, the city manager will also send out the Tentative Tax Budget proposal, which sets the millage rate for the operating property tax. That proposal seeks to raise the millage rate from 5.9 mills to 6.1 mills, which will provide an estimated $31 million in revenue, up from $23.5 million. For a $100,000 residential property, that means a tax hike of $46.
In response to the March 28 announcement that City Manager Milton Dohoney Jr. has begun implementing a plan that will lay off cops and firefighters, mayoral candidate John Cranley released his own budget plan that claims to avoid layoffs and the implementation of the city’s parking plan. But critics say Cranley’s budget is unworkable.
Cranley’s budget uses casino revenue, parking meter revenue and various cuts to raise nearly $33.8 million — more than the $25.8 million necessary to balance the budget without a parking plan.
Cranley’s critics have taken to social media to claim Cranley’s revenue projections are “fantasy.” They also claim the across-the-board budget cuts ignore the city’s priority-driven budgeting process, and there’s no certainty that such broad cuts can be carried out without laying off city employees.
Whether avoiding layoffs is possible through Cranley’s proposal remains unclear, even according to Cranley’s two-page budget plan, which reads, “We need to identify only roughly $26 million to cover the 2014 deficit and will reduce some of these cuts to ensure that there are no layoffs.”
Cranley says there is no certainty that the cuts could be carried out without any layoffs, but he says he would do everything he can to prevent personnel cuts: “I believe that people should take pay cuts. … If I cut the office of the council members’ staff, I can’t force an individual council member not to lay someone off, but I would certainly encourage them to reduce salaries as opposed to layoffs.”
In government budget terms, a 10-percent cut to any department is fairly large — particularly for Cincinnati’s operating budget, which uses 90 percent of its funds on personnel. In comparison, the cuts from the 2013 sequester, the across-the-board federal spending cuts that President Barack Obama and fellow Democrats say will lead to furloughs and layoffs around the nation, ranged between 2 percent and 7.9 percent, depending on the department.
The cuts make up one-third of Cranley’s proposal, while the rest of the money comes from casino and parking meter revenue. For his casino revenue numbers, Cranley cites Horseshoe
Casino General Manager Kevin Kline, who told City Council he
expects the casino to raise $21 million each year, but city officials
have said they only expect $10 million a year.
Cranley insists the extra $11 million will come to fruition. He says, “I would put my track record of being the chairman of the budget committee for eight years, which balanced budgets without layoffs, ahead of the people at the city that estimated the costs of the streetcar.”
Just in case, Cranley says his plan purposely overshoots the $25.8 million deficit to leave some leeway in carrying out cuts. But without the extra $11 million, Cranley’s plan would only raise about $22.8 million — $3 million short of filling the budget gap.
Jon Harmon, legislative director for Councilman Chris Seelbach’s office, says the city and state were originally expecting a lot more revenue from the state’s new casinos, but the legalization of racinos, which enabled racetrack gambling, has pushed revenue projections down.
In February, Ohio’s Office of Budget Management estimated the Horseshoe Casino will raise $75 million in tax revenue for the city, state and schools, down from a 2009 estimate of $111 million, after seeing disappointing returns from Ohio’s already-opened casinos. The local numbers reflect a statewide revision downward: In 2009, the state government estimated Ohio’s casinos would take in $1.9 billion a year, but that projection was changed to $957.7 million a year in February.
Even if Cincinnati’s Horseshoe Casino does much better than the state’s other casinos, the way casino revenue is collected and distributed by the state makes a $21 million windfall unlikely, according to Harmon. Before the state distributes casino revenue to cities, counties and schools based on preset proportions, the money is pooled together, which means all the casinos would have to hit original estimates for Cincinnati to get $21 million — an unlikely scenario, according to Harmon.
The other major revenue source in Cranley’s budget is $5.2 million in parking meter revenue, which the city manager’s office told CityBeat in February is usable for the general fund after months of insisting otherwise. Some of that money is already used in the general fund under current law, but the parking plan would remove that revenue altogether and replace it with new revenue. Cranley says his plan would forgo the parking plan and secure the $5.2 million in the general fund.
Among other cuts, Cranley’s proposal would eliminate some of the money that goes to software licensing. With the way the cut is outlined in Cranley’s two-paged budget proposal, it’s unclear whether it would hit all software licensing or just some of it, but Cranley says his plan is only reducing $531,554 of about $2.6 million, which he says still leaves a $1 million increase over 2012’s software licensing budget.
“I’m telling people what my priorities are: police, fire, parks, recreation, garbage collection, health department (and) human services,” he says. “I believe that elected officials should not be paying consultants from Denver to tell people in Cincinnati what their priorities are. I believe that elected officials should tell the voters what their priorities are.”
Cranley’s comments are critical of the the city’s priority-driven budgeting process, which ranked city programs based on feedback gathered through local surveys and meetings with Cincinnati residents.
With or without the parking plan, Cranley says the city is facing structural deficit problems. He says his plan permanently fixes those issues, while the parking plan would only eliminate the deficit for the next two fiscal years.
Cranley and Libertarian mayoral candidate Jim Berns oppose the city’s parking plan, while Vice Mayor Roxanne Qualls, another Democratic mayoral candidate, supports it.
The parking plan, which was approved by City Council on March 6, would lease the city’s parking assets to the Port of Greater Cincinnati Development Authority to help balance the deficit for the next two fiscal years and fund development projects, including a downtown grocery store (“Parking Stimulus,” issue of Feb. 27).
But the semi-privatization plan is being held up in court. Most recently, Hamilton County Judge Robert Winkler ordered a permanent restraining order on the plan pending a referendum effort. The extended injunction sparked criticism from city officials, who say delays will lead to fiscal and procedural problems.
By now, most of you have heard there was another horrible mass shooting, this time in Newtown, Conn., that resulted in the death of 20 children and six adults. While everyone is hoping this is the last time the nation has to deal with an event of unspeakable horror, it is only a possibility if we agree to do something about it. That means remembering the heroes who risked their lives and, in some cases, died that day. That means not letting the media and public drop the issue, as has been the case in the past. That means looking at more than just gun control, including mental health services. The Washington Post analyzed what “meaningful” action on gun control would look like, and the newspaper also disproved the idea Switzerland and Israel are “gun-toting utopias.” President Barack Obama also spoke on the issue at a vigil Sunday, calling for the nation to do more to protect people, particularly children, from violence. The full speech can be watched here.
City Council approved its 2013 budget plan Friday. The budget relies on the privatization of city parking assets to help plug a $34 million deficit and avoid 344 layoffs. The budget also nixed the elimination of a tax reciprocity for people who lived in Cincinnati but worked elsewhere and paid income tax in both cities, and it continued funding the police department’s mounted unit. As a separate issue, City Council voted to increase the property tax by about 24 percent, reversing a move from conservatives in 2011. CityBeat wrote about budgets at all levels of government and how they affect jobs here.
Michelle Dillingham, who was an aide to former city councilman David Crowley, will seek Democratic support in a run for City Council. Dillingham promises to tackle “industry issues of mutual interest" to business and labor and “transportation funding, family-supporting wages and workforce development.”
At a recent public hearing, mayoral candidate John Cranley proposed a “very easy” plan for the city budget. Only problem: His plan doesn’t work. In an email, Cranley said he stands by his ideas, but he added he was working with limited information and his statements were part of a two-minute speech, which “requires brevity.” He also claimed there are cost-cutting measures that can be sought out without privatizing the city’s parking assets and gave modified versions of his ideas regarding casino and parking meter revenue.
Judge Robert Lyons, the Butler County judge who sealed the Miami rape flyer case, is standing by his decision.
The Greater Cincinnati area is near the top for private-sector growth.
Jedson Engineering is moving from Clermont County to downtown Cincinnati, thanks in part to an incentive package from City Council that includes a 45 percent tax credit based on employees earnings taxes over the next five years and a $300,000 grant for capital improvements. The company was a Business Courier Fast 55 finalist in 2008 and 2009 due to its high revenue growth.
Gov. John Kasich’s Ohio Turnpike plan is getting some support from Toledo Mayor Mike Bell, but others are weary. They fear the plan, which leverages the turnpike through bonds for state infrastructure projects, will move turnpike revenues out of northern Ohio. But Kasich vows to keep more than 90 percent of projects in northern Ohio.
Gas prices are still falling in Ohio.
U.S. House Speaker John Boehner is making some concessions in fiscal talks. In his latest budget, he proposed raising taxes on those who make more than $1 million a year.
One beagle can diagnose diseases by sniffing stool samples.
Ohio State Board of Education President Debe Terhar posted an image of Adolf Hitler on Facebook that said, “Never forget what this tyrant said: ‘To conquer a nation, first disarm its citizens.’ — Adolf Hitler.” But the Cincinnati Republican, who was referencing President Barack Obama’s gun control proposals, now insists she was not comparing Obama to Hitler. It’s pretty obvious she was, though.
Cincinnati’s seasonally unadjusted unemployment rate dropped to 6.7 percent in December, down from 6.9 percent in November. The drop is largely attributed to a decrease in the civilian labor force, which could imply less people are looking for work or seasonal changes are having an impact. Whatever the case, the amount of people who are employed and unemployed both dropped. Hamilton County’s seasonally unadjusted unemployment rate dropped to 6.2 percent in December, down from 6.4 percent in November, but that drop was also attributed to a declining labor force or seasonal factors. Greater Cincinnati’s seasonally unadjusted unemployment rate was unchanged from 6.4 percent, despite 2,600 less people working. In comparison, Ohio’s seasonally unadjusted rate was 6.6 percent in December, up from 6.5 percent in November, and the U.S. rate was 7.6 percent, up from 7.4 percent.
U.S. Sen. Rob Portman, an Ohio Republican, suggested the Dollar-for-Dollar Deficit Reduction Act. The plan requires debt ceiling increases to be matched by an equal amount of spending cuts. Increasing the debt ceiling is essentially Congress agreeing to pay its bills. During the budget process and while passing other legislation, Congress agrees to a certain amount of spending. Increasing the debt ceiling just makes it possible for the president to pay those bills, even if it means surpassing a set debt level. If the debt ceiling isn't raised by May 18, the United States will default on its debts, plunging the country into depression. But the threat of destroying the U.S. economy has not stopped Republicans from using the debt ceiling as a negotiation tool to get the spending cuts they so badly want.
Public employees are avoiding changes to Ohio’s public pension system by retiring before the changes kick in. The changes make it so any teacher who retires before July 1 will get a 2 percent cost of living increase to their pensions in 2015. Anyone who retires after July 1 will not get the increase until 2018. After that, retirees will get a pension increase every five years. Experts are also expecting a rush of retirees in 2015, when age and years-of-service requirements for full benefits are set to gradually rise.
A new report found Ohio’s graduation rate is still improving. The U.S. Department of Education report found the state’s graduation rate was 81.4 percent in the 2009-10 school year, higher than the nation’s rate of 78.2 percent, and an increase from 78.7 percent rate in the 2006-2007 school year.
A study found a link between hourly workers at Hamilton County’s Fernald Feed Materials Production Center and intestinal cancer.
As Ohio cuts back its solar program, Canada is shutting down the rest of its coal-fired power plants by the end of 2013.
The Cincinnati Reds may get to host the 2015 All-Stars Game.
Scientists are rushing to build robots that save lives in disaster zones. Will John Connor please stand up?
With the support of local officials from around the state, Cincinnati Councilman P.G. Sittenfeld is launching a website called ProtectMyOhio.com to organize efforts to restore local government funding cut during Gov. John Kasich’s time in office.
Speaking during a phone conference today, Sittenfeld, Dayton Commissioner and mayoral candidate Nan Whaley, Columbus Councilman Zach Klein and Toledo Councilman and mayoral candidate Joe McNamara described how state funding cuts have forced cities and counties to cut services.
“What we’re really trying to do today is speak up and sound the alarm about the governor’s ongoing raid on the Local Government Fund,” Sittenfeld said. “Over the last four years, the governor has taken away $3 billion in local government funding. This year alone, municipalities across Ohio are going to receive nearly $1 billion less than they previously would have.”
He added, “This is the exact same money that cities, villages and townships used to keep cops in the street, staff our fire departments, fix the potholes and some of the other basic services that citizens rightly expect and the local governments are the ones responsible for delivering.”
In the past, the Kasich administration has argued the cuts were necessary. When previously asked about cuts to education and other state funding, Rob Nichols, Kasich’s spokesperson, told CityBeat, “The reality is we walked into an $8 billion budget deficit. … We had to fix that.”
But the 2014-2015 budget is not under the fiscal pressures Kasich experienced when he took office, and the governor is pursuing $1.4 billion in tax cuts over the next three years, which he argues will help spur small businesses around the state. During the phone conference, local officials said the revenue going to tax cuts would be better used to return funds to local governments.
Sittenfeld says the cuts have left Cincinnati with $12 million less per year. “That is the difference between us having our first police recruit class in nearly six years versus not having it,” he said. “It’s the difference between enduring dangerous fire engine brownouts versus not having to do so.”
Klein, who represented Columbus in the call, said the cuts have amounted to nearly $30 million for his city, which he said is enough money to help renovate nearly all the city’s recreation centers, parks and pools.
“No one is spared,” Klein said. “Everyone is getting cut across the state, and every neighborhood — no matter if you’re in a small village or in a large city like Columbus, Cleveland, Toledo or Dayton — (is) at some level feeling the effects of the cuts, whether it’s actual cuts in services or what could be investments in neighborhoods.”
Klein said the cuts, which have been carried out by a Republican governor and Republican-controlled legislature, contradict values espoused by national Republicans. At the federal level, Republicans typically argue that states should be given more say in running programs like Medicaid, but Ohio Republicans don’t seem to share an interest in passing money down to more local governments, according to Klein.
Some state officials have previously argued that it’s not the state’s responsibility to take care of local governments, but Sittenfeld says it’s unfair to not give money back to the cities: “Cincinnati is a major economic engine for the entire state. We’re sending a lot of money to Columbus, so I think it’s fair to say we would like some of that money back. John Kasich doesn’t have to fill the potholes, and John Kasich doesn’t have to put a cop on the street.”
Whaley, who represented Dayton in the call, said, “There’s a county perspective on this as well. The counties would certainly say that the unfunded mandates that the state legislature brings down daily are covered by those local government funds. While (state officials) keep on making rules for the counties to administer services and make those efforts, it’s pretty disingenuous to say that (county officials) don’t get a share of the income.”
A Policy Matters Ohio report found the state has cut $1.4 billion from local government funding — nearly half of total funding — during Kasich’s time as governor. The report pinned much of that drop on the estate tax, which was phased out at the beginning of 2013 and would have provided $625.3 million to local governments in the 2014-2015 budget. The estate tax was repealed in 2011 by the Republican-controlled Ohio legislature and Kasich.
Cincinnati had structural deficit problems before Kasich took office, but local officials argue the state’s cut have made matters worse. When presenting his 2013 budget proposal, City Manager Milton Dohoney Jr. said the state funding reductions cost Cincinnati $22.2 million in revenues for the year.
Kasich’s office did not return CityBeat’s phone calls for this story.
Kasich’s latest budget proposal has also been criticized by Republicans and Democrats for tax cuts and education funding plans that benefit the wealthy and expanding Medicaid (“Smoke and Mirrors,” issue of Feb. 20).
Pro-choice groups are criticizing Ohio House Republicans’ budget plan for pulling money from Planned Parenthood and shifting federal dollars to “anti-choice” crisis pregnancy centers.
The Ohio House Republicans’ budget plan would redirect federal funding for family planning services in a way that would strip funding for Planned Parenthood and family planning providers.
During hearings at the Ohio House Finance and Appropriations Committee today, multiple women’s health advocates, ranging from health experts to members of Planned Parenthood, said these services mostly benefit low-income women, particularly in rural areas. On the other side, representatives from anti-abortion groups spoke in support of the Ohio House Republicans’ measures, citing health care options, family values, abstinence and chastity.
Kellie Copeland, executive director of NARAL Pro-Choice Ohio, says the defunding measure has become a recurring trend for Ohio Republicans, who have taken up the Planned Parenthood measure multiple times in the past couple years. But she says the threat could have more weight this time around.
“This feels different,” Copeland says. “They’ve always kind of tried to hide it before. This time they were a lot more upfront about it. It seems like they may be willing to put political capital into this fight this time.”
A separate section of the Ohio House Republicans’ budget plan redirects federal funding to a program that will fund crisis pregnancy centers (CPCs), which provide abstinence-only family planning services.
Some researchers have found abstinence-only programs to be ineffective. A 2007 study published in the Journal of Adolescent Health
found abstinence-only programs have no impact on rates for teenage
pregnancy or vaginal intercourse, while comprehensive programs that
include birth control education reduce rates.
A 2011 study from researchers at the University of Georgia that looked at data from 48 states concurred abstinence-only programs do not reduce the rate of teenage pregnancy. The study indicated states with the lowest teenage pregnancy rates tend to have the most comprehensive sex and HIV education programs.
Still, a 2010 study from a University of Pennsylvania researcher found abstinence-only education programs may delay sexual activity. The study, which tracked black middle school students over two years, found students in an abstinence-only program had lower rates of sexual activity than students in the comprehensive program.
Some supporters say the Ohio House Republicans’ budget measures aren’t specifically about Planned Parenthood, abortion or birth control. Instead, they argue they’re trying to establish more health care options for women.
But the providers that would be able to get more funding already apply for it; they just lose out to Planned Parenthood’s services, which are deemed superior by state officials who distribute the funds during the competitive distribution process.
Copeland says “no thinking person” should fall for the reasoning given by Republicans and supporters who say abortion is not one of their concerns.
“They’re trying to impose their morals on you,” Copeland says. “These are not health care experts. These are not people who are trying to find real solutions for the problems that real people face. These are people who want to impose their personal views, their personal morality on you.”
Some anti-abortion supporters, including Denise Leipold of Right to Life of Northeast Ohio, say abortion and broader cultural issues are absolutely part of the reason they support the Ohio House Republicans’ budget plan.
“Our mission is to support the right to life from conception to natural death,” Leipold says. “Abortion happens to be a big problem right now because in the past 40 years it’s become part of the culture.”
She adds, “Now kids are learning that responsible sex means that you can have sex but just use birth control. That’s not supposed to be the attitude. The attitude is supposed to be that sex is for a committed relationship between a man and a woman in a marital relationship.”
During testimony today, Stephanie Kight, president and CEO of Planned Parenthood of Greater Ohio, asked state legislators to support the organization’s numerous medical services, including women’s health, family planning and sexually transmitted infection (STI) treatment.
Kight also said state and federal funds do not go to abortions. Planned Parenthood’s abortion services are instead funded by private donations.
At the hearings, Republican State Rep. Ron Maag asked Kight why Planned Parenthood doesn’t shut down its three abortion clinics in Ohio if those clinics are potentially threatening the “good work” Planned Parenthood does elsewhere. Kight said Planned Parenthood believes its abortion services are “good work.”
The American Federation of State, County and Municipal Employees (AFSCME) claimed in a 2011 lawsuit that the city government isn’t meeting funding requirements. A Hamilton County Court of Common Pleas motion filed Jan. 4 and accepted Jan. 23 gives the city and AFSCME until April to settle the case out of court.
By law, Cincinnati is required to heed to the Cincinnati Retirement System (CRS) Board of Trustees when setting the percent of payroll the city must contribute to retirees. But the AFSCME lawsuit argues the city hasn’t been making contributions dictated by the board.
The lawsuit, which dates back to June 2011, cites minutes from a CRS Board of Trustees meeting on July 20, 2010 to show the board accepted a report from Cavanaugh Macdonald Consulting, LLC. The report asked the city to contribute 46.22 percent of payroll to retiree benefits — 12.32 percent to retiree health benefits and 33.9 percent to other CRS benefits — during the 2011 fiscal year.
Instead, the city biennial budget for 2011 and 2012 established a contribution rate of 17 percent — way below the recommended sum.
The AFSCME lawsuit alleges the low contributions reflect a
“longstanding pattern” from city government. It points to a 2002
report from the CRS Board of Trustees that found the city was not meeting requirements set by the board then, either.
The lawsuit asks for a court mandate requiring city government to find out how much it needs to contribute, establish a mechanism for collecting the amounts required and appropriate and contribute the required amounts.
City Solicitor John Curp says the debate is between long-term and short-term interests. On AFSCME’s side, the union wants to get as much from payroll contributions as possible for represented retirees, even if it means a short-term economic and budget shock for the city. On the city’s side, City Council is more interested in meeting long-term requirements for the pension fund, instead of keeping up with shifting annual numbers that could negatively impact the city economy and budget.
City government’s approach attempts to balance short-term and long-term needs with a long-term goal. It means the city pension is underfunded during some years, particularly when the economy is in a bad state. But it keeps rates steady, letting the city avoid sudden funding changes that would require spending cuts or tax hikes to keep the budget balanced.
By adopting a large short-term contribution rate, the city would likely hurt its budget in ways that would negatively affect city employees represented by AFSCME. If the city was forced to contribute 46.22 percent of payroll to CRS — up from 17 percent — it would probably be forced to cut spending elsewhere, which would lead to layoffs.
This story was updated on Jan. 25 at 12:40 p.m. to reflect comments from City Solicitor John Curp.
In a ruling today, Hamilton County Judge Robert Winkler said the city will have to allow for a referendum on the parking plan and imposed a permanent injunction pending the outcome of a referendum.
The ruling means the city may be unable to rely on the parking plan to balance fiscal year 2014’s budget, and the city may be forced to find cuts elsewhere by July 1, when the new budget will kick in.
The ruling may be appealed, but City Solicitor John Curp says he is not aware of any filing yet. He says Mayor Mark Mallory and the city administration plan to hold a press conference later this afternoon to discuss the ruling in further detail.
For opponents of the parking plan, the ruling comes as a big victory that will allow them to put the parking plan on the ballot if they gather enough eligible petition signatures by April 5.
For the city, the ruling potentially leaves a $25.8 million hole in the 2014 budget.
When the restraining order was extended for two weeks on March 20, city spokesperson Meg Olberding told CityBeat the delays were causing the city to approach a “pressure point”: “We respect the court's right to do that (the extension), and know that every day that we cannot make the parking deal happen is a day that we are closer to having to lay people off.”In the past, City Manager Milton Dohoney Jr. said the plan will force the city to lay off 344 employees, including 80 firefighter and 189 police positions.
But opponents argue there are ways to solve the budget without laying people off. As an alternative to the parking plan, Councilman Chris Seelbach proposed Plan S, which would redirect $7.5 million in casino revenue to help balance the deficit, cut $5 million based on the results of the city's priority-driven budgeting process and put two charter amendments on the ballot that, if approved, would include up to a $10-per-month trash fee and increase the city's admissions tax by 2 percent.
City Council approved the parking plan on March 6 to lease the city’s parking assets to the Port of Greater Cincinnati Development Authority to help balance the budget for the next two fiscal years and fund more than $100 million in development projects, including the creation of a downtown grocery store and more than 300 luxury apartments ("Parking Stimulus," issue of Feb. 27).
Opponents of the parking plan say they’re concerned the city will cede too much control over its parking assets and cause parking rates to skyrocket. The city says rate increases are initially capped at 3 percent or inflation — whichever is higher.
But the rates can change with a unanimous vote from a special committee, approval from the city manager and a final nod from the Port Authority. The special committee would comprise of four people appointed by the Port Authority and one appointed by the city manager.
The ruling comes after the city and opponents of the parking plan met in court on March 15 to discuss whether the plan is subject to referendum.
Curt Hartmann, an attorney who represents the Coalition Opposed to Additional Spending and Taxes (COAST) and opponents of the parking plan, said the city charter is vague on its definition of emergency clauses, and legal precedent supports siding with voters’ right to referendum when there is ambiguity.
The city cited state law to argue emergency clauses, which remove a 30-day waiting period on legislation, eliminate the possibility of referendum. Terry Nestor, who represented the city, said legal precedent requires the city to defer to state law as long as state law is not contradicted in the city charter.
With his decision, Winkler sided with opponents of the parking plan. He wrote in the ruling, “If the people of Cincinnati had intended to exempt emergency legislation from their referendum powers, they could have done so when adopting Article II, Section 3 of the City Charter.”
A new Policy Matters Ohio report found local government funding has been reduced by $1.4 billion since Gov. John Kasich took office, leading to a nearly 50-percent reduction in state funding.
The report found local government funding dropped from nearly $3 billion in the 2010 and 2011 fiscal years — the years budgeted by former Gov. Ted Strickland — to about $2.2 billion in the 2012 and 2013 fiscal years — the first two years budgeted by Kasich. The governor’s most recent budget proposal would ensure the continuation of the downward slide, with local government funding dropping down to slightly more than $1.5 billion in the 2014 and 2015 fiscal years, according to the report.
Policy Matters concluded new revenue from the state’s
casinos and an expanded sales tax would not be enough to outweigh cuts
in the Local Government Fund, utility tax reimbursements, tangible
personal property reimbursements and the termination of the estate tax. By itself, the estate tax, which was phased out at the beginning of 2013, would have provided $625.3 million to local governments in the 2014-2015 budget, but it was repealed
in 2011 by the Republican-controlled Ohio legislature and Kasich.
The governor’s office has repeatedly argued that the cuts in Kasich’s first budget were necessary to help balance an $8 billion budget deficit, but the Policy Matters report says improving economic conditions have removed a need for further local government funding cuts: “To encourage growth we need good schools, reliable public safety and emergency services and strong communities. During hard times, state and local policy led to cuts. But further cuts in appropriations for local government are not helping communities. Curtailing local control of local revenues will complicate recovery – as the economy improves, it is time to restore the fiscal partnership between state and community.”
When presenting his 2013 budget proposal, City Manager Milton Dohoney Jr. said the state funding reductions cost Cincinnati $22.2 million in revenues for the year.
CityBeat previously covered Kasich’s 2014-2015 budget proposal and how it affects taxpayers, schools and Medicaid recipients (“Smoke and Mirrors,” issue of Feb. 20).