Background
From 1976 through the present, the City has contracted with Franklin County and the Franklin County Public Defender (FCPD) for the performance of the City's duty under Chapter 173 of the Columbus City Codes 1959, and Section 120 of the Ohio Revised Code to provide legal counsel to indigent persons charged with municipal criminal offenses. The Ohio Supreme Court ruled in State ex rel Mallory v. Pub. Emp. Retirement Bd. (1998), that employees of the FCPD who began their service between the dates of 1976 and 1984 are public employees for purposes of participation in the Public Employees Retirement System (PERS) and that the County was liable for both employee and employer contributions for a public employee employed by the FCPD.
The City and the County entered into an agreement, authorized by City Council Ordinance No. 782-99, whereby the City will reimburse the County for that portion of the County's PERS liability attributable to services performed by employees of the municipal unit of the FCPD on behalf of the City. The payment authorized by this legislation is a partial payment under that agreement. If all employees who are eligible actually file for PERS benefits, the total amount to be paid by the City to the County will not exceed $3,500,000.00.
FISCAL IMPACT
Within Finance's 2004 appropriations, $1,080,000 was set aside for the purpose of paying legal services and settlements. So far, $175,000 of this sum has been utilized for this purpose.
EMERGENCY
This ordinance is submitted as an emergency so as to expedite payment of this obligation.
Title
To authorize the City Auditor to reimburse Franklin County for the City's portion of the PERS and financial representation costs related to State ex rel Mallory v. Pub. Emp. Retirement Bd. (1998), in the amount of Two Hundred Forty Eight Thousand Nine Hundred Sixty Four and 45/100 Dollars; to authorize the transfer of $248,964.45 from the Finance citywide account to the City Auditor's Office; to authorize the expenditure of same and to declare an emergency. ($248,964.45)
Body
WHEREAS, From 1976 through the present, the City has contracted with the Franklin County Commissioners and the Franklin County Public Defender Commission (FCPD) for the performance of the City's duty under Chapter 173 of the Columbus City Codes, 1959, and Section 120 of the Ohio Revised Code to provide legal counsel to indigent persons charged with municipal criminal offenses; and
WHEREAS, the FCPD's municipal unit has provided the contracted services; and
WHEREAS, the Ohio Supreme Court ruled , in State ex rel Mallory v. Pub.Emp. Retirement Bd. (1998) , that employees of the FCPD who began their service between the dates of 1976 and 1984 are public employees for purposes of participation in the Public Employee's Retirement System (PERS); and
WHEREAS, the payment authorized by this legislation is a partial payment under the contract between the City and the County; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that is is immediately necessary to approve this payment in order to assure the continuity of legal services to indigent persons in Columbus, now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS;
Section 1. That the City Auditor be and he hereby is authorized to reimburse Franklin County for PERS liability rising from State ex rel Mallory v. Pub. Emp. Retirement Bd. (1998), to the extent such liability is associated with employees performing services in the municipal unit of the FCPD on behalf of the City of Columbus, in the amount of Two Hundred Forty Eight Thousand, Nine Hundred Sixty Four and 45/100 Dollars ($248,964.45).
Section 2. That the City Auditor is hereby authorized to transfer the sum of $248,964.45 from within the general fund, 010, from the Finance Department, department number 4501, oca code 904508, object level 1 - 10, object level 3 - 5501 to the City Auditor, department 22-01, oca code 220103, object level 1 - 05, object level 3 - 5539.
Section 3. That an amount up to $248,964.45 be and hereby is authorized to be expended from the City Auditor's Office, department 22-01, fund number 010, oca code 220103, object level 1 - 05, object level 3 - 5539 with Franklin County, and the City Auditor is authorized and directed to draw warrants upon the treasury upon receipt of invoice from Franklin County.
Section 4. That for the reasons set forth in the preamble hereto which is hereby incorporated herein by reference, this measure is deemed to be an emergency measure and shall take effect and be in force from and immediately after its passage and signature by the Mayor or within ten (10) days thereafter if the Mayor neither signs nor vetoes the same.