Findlay declares almost all legislation an emergency

FINDLAY — Findlay's practice of using emergency language on nearly every piece of legislation isn't likely to change anytime soon. Council approved 10 ordinances on Tuesday, and every piece of legislation included emergency language. The legislation ranged from township boundary clean-ups in Allen, Marion, and Liberty townships to a prairie-installation grant appropriation, several sewer and street appropriations, and accounting for adult-use cannabis funds — all passed as emergencies. In Ohio, "emergency language" is the clause a city adds to an ordinance to make it take effect immediately, rather than waiting the usual 30 days. When a city adds emergency language, it bypasses the public's right to file a referendum during that 30-day window. Ohio law sets very specific rules for emergency legislation. Under Ohio Revised Code (ORC), Section 731.30, an ordinance can only take effect right away if council believes it is "necessary for the immediate preservation of the public peace, health, or safety," and if at least two-thirds of all council members elected vote for it. In Findlay's case, that means eight votes, even if some members are absent. The law also requires the city to explain the emergency within the ordinance. The statute is explicit that "the reasons for such necessity shall be set forth in one section of the ordinance." In other words, the city must spell out why this particular ordinance needs to take effect immediately. Boilerplate language isn't enough. If those reasons aren't included, the ordinance can't legally skip the 30-day waiting period. Under ORC, Section 731.29, every ordinance remains open to referendum unless it meets the emergency requirements in state law. Most legislation approved by Findlay City Council includes emergency language, and a recent opinion from Law Director Rob Feighner served to reinforce the city's long-standing approach. In a letter to Findlay City Council, dated Feb. 22, Feighner described emergency language as a tool that council may use to rush legislation. Feighner said council members have recently raised "good questions" about how emergency clauses affect the timing of legislation and the public's right to referendum. He said the rules are spread across different parts of the Ohio Revised Code, creating what he called multiple "schools of thought" on how to apply them. "In practice, statutory city councils in Ohio often use emergency clauses to ensure timely implementation of budgets, appropriations, contracts, grants, or measures tied to safety and legal deadlines," Feighner wrote. However, that opinion appears to be in stark contrast to guidance given by the Ohio Attorney General's office on ballot initiatives and referendum. According to the Ohio Attorney General's referendum manual — updated under Attorney General Dave Yost — emergency laws are narrow constitutional exceptions that must be used with caution because they eliminate the public's right to referendum. According to the manual, only a very limited category of laws can bypass that right, and must meet the constitutional standard of being "necessary for the immediate preservation of the public peace, health or safety." The Ohio Attorney General's referendum guidance goes a step further, explaining that state law requires each ordinance passed as an emergency to spell out what, exactly, constitutes the emergency — not simply recite statutory phrases. Every one of the 10 ordinances adopted Tuesday uses the same blanket emergency phrase — that the measure is "necessary for the immediate preservation of the public peace, health or safety" — a statutory phrase. Feighner's letter is silent on the city's use of boilerplate emergency language. The AG's referendum overview underscores that when a city fails to articulate a clear emergency, opponents can — and routinely do — challenge the emergency language through litigation to restore the public's right to referendum.