Many people have commented on social media, over the fence with the neighbor, even at the neighborhood bar that all of the legislation brought before our city council ends with the phrase “and declaring an emergency.” Some have even offered their expert explanations as to why our city always seems to be in some sort of state of emergency. In this edition of Deciphering Democracy, I will give some history to this legislative phrase and try to shine a light on why it’s used on legislation within the city.
According to a Dayton Daily News story from 2022, writer Jim Gaines traces the phrase back to 1912 in State constitution amendments approved by Ohio voters.
According to Gaines, a big change was a 90-day wait for a bill to take effect that constitutionally mandated time to be allowed for gathering signatures to place a referendum on the ballot should there be opposition to a proposed piece of lawmaking. One of those amendments gave three exemptions from public referendum, appropriations for state government expenses, taxes, and “emergency” laws necessary for the immediate preservation of the public peace, health, and safety. So that’s where it started, now how does it go from 1912 Columbus to 2024 Cuyahoga Falls?
Cuyahoga Falls enjoys what is known as a “Home Rule” form of city government. We follow the rules of the State of Ohio, however we are permitted our own separate realm of authority. We can create laws that may differ from other cities and may, in some cases, better suit our citizens’ needs as decided by our own citizens. One of those rules is in our codified ordinances under council rules is section (111.05) that spells out how our city council members will receive the laws they vote on and how they vote on them. And there you will find those mysterious words…..
Emergency Measures. When an emergency measure is presented to council, the nature of the emergency shall be stated and defined. Ordinances appropriating money may be passed as emergency measures. Emergency ordinances and resolutions must receive a two-thirds (2/3) majority vote of all members of council in order to retain emergency status.
Once voted on and receiving a 2/3 majority the law takes effect the moment the Mayor signs it as opposed to 30 days after passage. Even with emergency status the legislation must still be read in a public meeting on three separate occasions as follows: Upon introduction and assignment to committee, in the committee meeting open for public comment, and when council votes.
As it states when money is being spent, it automatically receives emergency status and that covers just about every ordinance that goes through the finance committee. Other committees may have legislation that revolves around construction schedules, requests for grants have timetables that must be followed, the reasons are endless. As you can see there is not much that can afford to wait a month, especially considering it has already gone through the three weeks of the legislative process. Those simple words undo more red tape than any words put on paper by our law department. Going back to the “Home Rule” form of government though, unlike the state, our local emergency legislation is subject to a referendum vote should the voters not care for a law passed by city council. A referendum on any law passed is covered in the city’s charter under article IX section 2.
Sometime in the last administration this step to streamline was noticed and discussed, leading to a decision being made and “declaring an emergency” was officially added to every piece of legislation that passes before city council. Keep in mind on any legislation, if a member of council wishes to make an amendment to a proposed ordinance or resolution they may do so. That is to say, if they do not feel it warrants emergency status, they may ask to have the line deleted.
So now you know.
