Download - FY 2012/2013 BUDGET OVERVIEW
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
FY 2012/2013BUDGET OVERVIEW
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
User NotePlease 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
RevenuesLOCAL GOVERNMENT FUND (LGF)TANGIBLE PERSONAL PROPERTY (TPP) & UTILITY REIMBURSEMENTSCASINO REVENUE
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
Local Government Fund
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
Local Government Fund Estimated loss of LGF to local governments:
$129 million in SFY 12 $406 million in SFY 13 $535 million over biennium
CY 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
2009 2010 2011 2012$0
$100,000,000
$200,000,000
$300,000,000
$400,000,000
$500,000,000
$600,000,000
$700,000,000
LGF Funding
Dollars Year
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 RevenueCounties receive 51% of “gross casino revenue”
As appropriated by HB 156 Calendar year 2012 -- $44 million January-June 2013 -- $69 million
If Video Lottery Terminals (VLTs) – reduce by 27% Calendar year 2012 -- $32 million January-June 2013 -- $49 million
Dept of Taxation’s (TAX) October 2009 report on the casino ballot issue
(p.11-12)
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
Casino Revenue - Assumptions TAX’s 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
TAX’s estimates regarding operating capacity
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
Casino Revenue – Distributions County Share shown on chart
Takes TAX’s estimated amount disbursed from Fund 5JG0 – Gross Casino Revenue County Fund
Divides total by Ohio 2010 census population Multiplies by each county’s 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 county’s allocation
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
Other HighlightsGeneral Government and OperationsHealth and Human ServicesJobs, Economic Development, and InfrastructurePublic Safety and Criminal JusticeAgriculture and Rural AffairsTaxation and Finance
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
General Government and OperationsState Health Care PoolSelf-Insurance ProgramsWellnessCounty Recorder TrainingPublic Record Retention and Lawsuit Reform
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
State Health Care PoolORC 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 HypotheticallyMandatory 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 ProgramsORC 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
WellnessORC 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-2’s 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 (p.29)
Ohio Constitutional Modernization Commission Commission authorized by Speaker Batchelder Bill (HB 188) Budget provides $50K a year for the operation of the Commission
1) a preparatory body to determine whether a convention should one be called
2) 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 ServicesCounty JFS, CSEA, and Children Services GRFCounty TANF AllocationsDevelopmental DisabilitiesBehavioral HealthCounty HomesHHS- On the Horizon
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
Health and Human ServicesCounty 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 $$ sanction.(p.33-34)
COUNTY COMMMISSIONERS ASSOCIATION OF OHIO
Developmental Disabilities County boards received approximately a 30%
cut in state subsidies compared to SFY11 levels.
2010 2011 2012 20130
102030405060708090
100
Tax Equity*County Board SubsidiesFamily Support SvcsResidentail Support Svcs
COUNTY COMMMISSIONERS ASSOCIATION OF OHIO
Behavioral Health Medicaid match $$ 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 Institution Care +6% in 2013 (42%) -6% in 2013 (58%)
Franchise 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 COMMISSIONERS ASSOCIATION OF OHIO
Jobs, Economic Development, and InfrastructureEconomic Development
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
Economic Development “Invest Ohio” – personal income tax credit
Invest in a “small business enterprise” 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 Extensions: Job Retention Tax Credit – December 2013
$20 million payroll / $5 million capital investment Incumbent Worker Training
$6,000 per year / 33% employer or employee paid Rapid Outreach Grants
Infrastructure improvements by political subdivisions Enterprise Zone Extension – Oct 15, 2012 (p.40-41)
COUNTY COMMISSIONERS ASSOCIATION 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 JusticeIndigent DefenseCommunity Corrections Act FundingDRC 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 Increased from $22.4 to $25.8 million each year
Jail diversion – 408 line item – up $3.6 million 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 pre-sentence 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 andHB 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 AffairsSoil and Water MatchConservation 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 $2.9 MTire Fees $3.5 MCDD Fees $1.2 MMSW Fees $3.3 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 FinanceFiscal DistressAOS CostsDTAC FundsTax 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 county’s 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 taxSales and useCorporate franchiseEstateMotor fuel
Cigarette Commercial activity tax (CAT)
Natural gas exciseDealers in intangiblesLocal taxes
County & transit authority sales taxesSchool 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
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 Coroner Fees
TOOLS
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
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; One member with expertise in local government issues appointed by the
chancellor of the board of regents.
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
Local Government Innovation FundResponsibilities of the Council To establish a competitive loan and grant
program To establish criteria for loans and grants by 12-
31-11 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 FundEligible 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 FundCriteria 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
the past
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
Local Government Innovation FundApplication 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 Council—evaluation to start by 3-1-
12 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 FundOther 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 FundOther 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 non-
voluntary 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%2f2009+Furlough+Seminar+Handout.pdf&tabid=387&mid=1022&language=en-US
(p.15)
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
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 PlansCurrent 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 PlansNew LawThe 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 PlansNew 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 PlansNew 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 ServicesTypes 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 ServicesCounty 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 clerk of the court of common pleas, clerk of a county-operated municipal court, and clerk of a county court.
Any agency, department, or division under the authority of, or receiving funding in whole or in part from, any of those county offices.
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
Centralized ServicesExemptions
Purchases for contract services made by the county recorder from the “Recorder’s 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 sheriff’s or prosecutor’s Furtherance of Justice Funds (FOJ) established under ORC Sections 325.071 and 325.12.
COUNTY COMMISSIONERS ASSOCIATION OF OHIO
Centralized ServicesExemptions 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 ServicesProcedure 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 ServicesProvision 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 ServicesProvision 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 ServicesContents 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 ServicesContents 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 ServicesStatutory 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 ServicesStatutory 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 ServicesStatutory 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 ServicesStatutory 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 ServicesCurrent 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 ServicesCurrent 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 ServicesCurrent 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 ServicesNew 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 broader—all subdivisions subject to sovereign immunity law—ORC 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 districts—general 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: Clerk’s 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)