Title
AN ORDINANCE AMENDING THE CODIFIED ORDINANCES SECTION 222.01, PUBLICATION, REGARDING PUBLIC NOTICE OF PASSED LEGISLATION.
Brief Description: With recent changes to the Ohio Revised Code concerning publication requirements for passed legislation, Council will consider similar changes to the Codified Ordinances, Section 222.01. Newspaper publications have been problematic, and staff desires a more reliable, timely, and less costly method to provide public notices.
Body
Legislative History
Ordinance No. 58-27, Determining the Method of Giving Public Notice of the Enactment of Ordinances and the Adoption of Resolutions and of any other Acts of Council; Passed 4-1-1958
Purpose & Explanation
Per the Ohio Municipal League’s Member Alert dated June 30, 2023, the recent State Operating Budget included “language to modify requirements related to the publication of summaries of each municipal ordinance or resolution, as well as all statements, orders, proclamations. Through it, a municipal corporation would be allowed to publish these items either via newspaper, on the state’s publication notice website, or on the municipal corporation’s website and social media account(s).”
Amendments to the Ohio Revised Code, Section 732.21 are as follows:
(A) A succinct summary of each municipal ordinance or resolution and all statements, orders, proclamations, notices, and reports required by law or ordinance to be published shall be published using at least one of the following methods:
(1) In a newspaper of general circulation in the municipal corporation;
(2) On the official public notice web site established under section 125.182 of the Revised Code;
(3) On the web site and social media account of the municipal corporation.
Proof of the publication shall be made by affidavit of the proprietor of the newspaper or operator of the official public notice web site, as applicable, and shall be filed with the clerk of the legislative authority.
(B) The publication shall contain notice that the complete text of each such ordinance or resolution may be obtained or viewed at the office of the clerk of the legislative authority of the municipal corporation and may be viewed at any other location designated by the legislative authority of the municipal corporation. The city director of law, village solicitor, or other chief legal officer of the municipal corporation shall review the summary of an ordinance or resolution published under this section before forwarding it to the clerk for publication, to ensure that the summary is legally accurate and sufficient.
(C) Upon publication of a summary of an ordinance or resolution in accordance with this section, the clerk of the legislative authority shall supply a copy of the complete text of each such ordinance or resolution to any person, upon request, and may charge a reasonable fee, set by the legislative authority, for each copy supplied. The clerk shall post a copy of the text at the clerk's office and at every other location designated by the legislative authority.
OH LEGIS 8 (2023), 2023 Ohio Laws File 8 (Am. Sub. H.B. 33)
Newspaper publications have been problematic and are costly. The deadline for legal notices is six days in advance of the Sunday publication of the Hudson Hub-Times. Posting notices online is timelier, more efficient, can reach a broader audience, and are no cost to the City.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04, Contracts & Purchasing:
Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
X Other
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
X Appropriation Not Required
Does this legislation require use of an emergency clause?
Yes [if so, explain why]
X No
Recommendation
Suggested Action
Staff recommends passage of this Ordinance to amend Section 222.01 of the City’s Codified Ordinances concerning the requirements for public notice of passed legislation.
Submitted by,
Thomas J. Sheridan, City Manager