Hoping to take advantage of a recent federal court ruling in Kentucky, the Ohio Democratic Party joined a lawsuit filed today that seeks to abolish the restrictions imposed on judicial candidates in Ohio.
The Sixth U.S. Circuit Court of Appeals this month struck down the rules used in Kentucky for electing judges, stating they violated the judicial candidates’ First Amendment right to freedom of speech. The rules prohibited candidates from listing their party affiliation on the ballot, or to directly solicit campaign contributions.
The American Federation of State, County and Municipal Employees (AFSCME) claimed in a 2011 lawsuit that the city government isn’t meeting funding requirements. A Hamilton County Court of Common Pleas motion filed Jan. 4 and accepted Jan. 23 gives the city and AFSCME until April to settle the case out of court.
By law, Cincinnati is required to heed to the Cincinnati Retirement System (CRS) Board of Trustees when setting the percent of payroll the city must contribute to retirees. But the AFSCME lawsuit argues the city hasn’t been making contributions dictated by the board.
The lawsuit, which dates back to June 2011, cites minutes from a CRS Board of Trustees meeting on July 20, 2010 to show the board accepted a report from Cavanaugh Macdonald Consulting, LLC. The report asked the city to contribute 46.22 percent of payroll to retiree benefits — 12.32 percent to retiree health benefits and 33.9 percent to other CRS benefits — during the 2011 fiscal year.
Instead, the city biennial budget for 2011 and 2012 established a contribution rate of 17 percent — way below the recommended sum.
The AFSCME lawsuit alleges the low contributions reflect a
“longstanding pattern” from city government. It points to a 2002
report from the CRS Board of Trustees that found the city was not meeting requirements set by the board then, either.
The lawsuit asks for a court mandate requiring city government to find out how much it needs to contribute, establish a mechanism for collecting the amounts required and appropriate and contribute the required amounts.
City Solicitor John Curp says the debate is between long-term and short-term interests. On AFSCME’s side, the union wants to get as much from payroll contributions as possible for represented retirees, even if it means a short-term economic and budget shock for the city. On the city’s side, City Council is more interested in meeting long-term requirements for the pension fund, instead of keeping up with shifting annual numbers that could negatively impact the city economy and budget.
City government’s approach attempts to balance short-term and long-term needs with a long-term goal. It means the city pension is underfunded during some years, particularly when the economy is in a bad state. But it keeps rates steady, letting the city avoid sudden funding changes that would require spending cuts or tax hikes to keep the budget balanced.
By adopting a large short-term contribution rate, the city would likely hurt its budget in ways that would negatively affect city employees represented by AFSCME. If the city was forced to contribute 46.22 percent of payroll to CRS — up from 17 percent — it would probably be forced to cut spending elsewhere, which would lead to layoffs.
This story was updated on Jan. 25 at 12:40 p.m. to reflect comments from City Solicitor John Curp.
Area 1 Court Judge Robert Lyons ordered all case records sealed Nov. 8 after the student pleaded guilty to disorderly conduct and agreed to pay an undisclosed fine. Six days later the Cincinnati Enquirer sued Lyons in the Ohio Supreme Court, arguing that the case file is a public record.
Lyons, represented by Butler County Prosecuting Attorney Mike Gmoser, filed his answer Thursday. He denied violating the Enquirer’s claim of a constitutional right to a hearing where it could have argued against secrecy.
That Lyons is
standing his ground comes as no surprise, but his answer contains one
head-scratching statement. He — that is, Gmoser — wrote that “there was no
plea” in the case. Yet in a first-person account of the case in the Miami
University Student on Nov. 8, Gmoser
wrote that the defendant pleaded guilty. The court’s own schedule for Nov. 8
says the case was up for the entry of a guilty plea.
Sensing he needs to make up for lost ground, Mitt Romney went on the offensive in Monday night’s Republican presidential debate in Tampa, Fla., hammering Newt Gingrich as an “influence peddler.” Occasionally appearing at a loss for words, the bombastic ex-Speaker of the House accused Romney of engaging in “trivial politics.”
Boys, boys: Settle down or I’m pulling the car over.
Yesterday marked the 10th anniversary of the U.S. Supreme Court's 5-4 decision that stopped the presidential election recount in Florida and handed the 2000 election to George W. Bush.
It's difficult to believe that was already 10 years ago. And it's amazing still that A) the Supreme Court acted in such a blatantly political manner to step in and resolve a state election issue, halting a legal recount, and B) that Americans didn't take to the streets to revolt against the power grab by Bush and his Republican cronies.
News junkies probably heard about the warnings issued by Cincinnati City Hall this week, reminding citizens of its “ticket amnesty” program: Anyone with unpaid parking tickets should pay now or possibly have their vehicles impounded by police.
What City Hall didn't announce was that as of last month, 429 of the nearly 62,000 unpaid parking tickets were issued to municipal employees — including some cops and firefighters.
It's been a long time coming, but today gays and lesbians are finally taking the fight for our rights where it belongs, through the federal justice system.
The trial before the U.S. Supreme Court on same-sex marriages in California begins today and the result of Perry v. Schwarzenegger is expected to affect gay marriage legislation nationwide.