Scioto Commissioners Tell DeWine to "Speed Opening Up"

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?