City of Columbus - File #: 1016-2004

• File #: 1016-2004
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 5/27/2004
• In control: Safety Committee
• On agenda: 6/21/2004
• Final action: 6/23/2004
• 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)

Date	Ver.	Action By	Action	Result
6/23/2004	1	CITY CLERK	Attest
6/22/2004	1	MAYOR	Signed
6/21/2004	1	Columbus City Council	Approved	Pass
6/21/2004	1	COUNCIL PRESIDENT	Signed
6/9/2004	1	Atty Drafter	Sent for Approval
6/9/2004	1	CITY ATTORNEY	Reviewed and Approved
6/9/2004	1	Atty Drafter	Sent to Clerk's Office for Council
6/8/2004	1	Auditor Reviewer	Reviewed and Approved
6/8/2004	1	CITY AUDITOR	Reviewed and Approved
6/4/2004	1	Finance Reviewer	Sent for Approval
6/4/2004	1	Atty Drafter	Sent for Approval
6/4/2004	1	Finance Reviewer	Reviewed and Approved
6/4/2004	1	FINANCE DIRECTOR	Reviewed and Approved
6/4/2004	1	Atty Drafter	Sent for Approval
6/2/2004	1	Atty Drafter	Sent for Approval

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...