I long for times when
leaders were not so assuming, so cock-sure of their understanding of
the beliefs of the others, those others whom they swore to represent
fairly. I remember days when appealing to their party constituents
did not drive their every decision – that was before they made a
proclamation of Second Amendment sanctuary and before they drafted
letters of opposition to state-regulated measures of safety. Not so
very long ago chiefs of our country, our state, and our county
recognized the value of respecting opposing opinions and different
points of view. I fear those days are gone.
Leaders insisting on
making local policy “in the name of county officials” also have a
distinct obligation to represent accurately the majority of the
taxpayers in the county. They should do so with public consent. These
commissioners are paid officials authorized by the state legislature
and no more. They are the county government taxing, budgeting,
appropriating, and purchasing authorities. They hold title to county
property.
Commissioners also have
other responsibilities including hearing and ruling on annexations,
approving drainage improvements through the petition ditch process,
establishing water and sewer districts and making improvements, and
providing for solid waste disposal. This work requires no political
affirmations.
Now, these Scioto
commissioners attempt to manipulate voters while enacting
declarations and letters in the name of Scioto County. These measures
are power moves calculated to help their reelection. It remains to be
seen if their efforts will pay off or backfire. The fact remains that
their state “service” has turned decidedly inward representing
one preferred faction of the county.
Scioto County
Commissioners recently read from a letter they sent to Governor Mike
DeWine. The commissioners requested that local communities be allowed
to decide the best time to reopen restaurants, salons, gyms, and
other businesses.
Commissioner Bryan Davis
complained that Governor Dewine’s plan to reopen was not moving
fast enough. David said …
“It’s slow. We need
to move faster in order to save jobs and businesses. The essential
employees have been doing it all along and we haven’t had a massive
breakout.”
The letter to DeWine
ignited debate about the need of Scioto County to pressure the
governor about his plans for the staged reopening of the state in the
midst of the COVID-19 pandemic. Many citizens of Scioto County do not
feel that the commissioners are being responsible in their actions.
These patient people trust Governor DeWine and Dr. Acton.
Davis
continued …
“(The letter) Asks
the governor to move forward with opening up businesses and give more
local control over those decisions. We know and have evidence that
remaining closed is of greater harm to our businesses and our
community.”
No proof of such “greater
harm” was offered by the three commissioners who signed the letter.
Their action requires scrutiny. People of Scioto County must question
their judgment.
What does Ohio say about
the authority of county commissioners? It is pretty clear. Here is
the explanation:
Ohio County
Commissioners CHAPTER 1 BASIC STRUCTURE OF COUNTY GOVERNMENT Latest
Revision November, 2002, states …
“County government
does not possess home rule authority. That is to say, county
officials may act only when and as specifically authorized by state
law. An 1857 Supreme Court case established a general theory of the
status of counties which is still relevant today. The court stated:
'Counties are local subdivisions of a state, created by the sovereign
power of the state, of its own will, without the particular
solicitation, consent, or concurrent action of the people who inhabit
them.... With scarcely an exception, all powers and functions of the
county organization have a direct and exclusive reference to the
general policy of the state, and are, in fact, but a branch of the
general administration of that policy.”
(Hamilton
County v Mighels, OS 109.)
It appears Scioto County
commissioners overstep their appointed duties by attempting to defy
the the general policy of the state of Ohio. One thing is sure, they
have stirred up a hornet's nest of protest against their letter to
Governor DeWine. Scioto County has taken to the COVID-19
recommendations and restrictions with the health of everyone in mind.
They continue to fight bravely to defeat the virus. But now, a mixed
message comes from our own county government.
What are we to think? I
remember an important history lesson about taxation without
representation. Is there an analogy in that lesson about risk
without representation?
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