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Author: Megan Hasting

OCMA Visits Miami University

On Tuesday, October 15, 2024, members of the OCMA Student Development Committee (Michele Boni, Jessica Greene, and special guest Judi Boyko) had the privilege of presenting to students at all stages of their college careers at Miami University. This event was not only engaging but crucial, as it provided a platform for students to ask insightful questions about career pathways and working with elected officials.

We are deeply grateful to Miami University for allowing us to advocate for the local government profession and, most importantly, for empowering students to explore and pursue meaningful careers in this vital field. Connecting students with future careers in local government is essential for fostering the next generation of leaders who will shape our communities. 

To learn more about the OCMA Student Development Committee, please email ocmaohio@gmail.com

5 Reasons to Utilize Your Senior Advisor

Local government managers serve their communities in many ways, often juggling responsibilities that range from budgeting to community relations and beyond. In this demanding role, a senior advisor can be an invaluable asset, providing expertise and perspective that can make a tangible difference. OCMA is proud to offer this benefit to its members and now has 4 senior advisors that serve our member communities across the state of Ohio.

Here are five compelling reasons to utilize your senior advisor:

  1. Sharing and Expertise and Experience: Senior advisors are available to share a wealth of experience and knowledge and coach managers through difficult situations. They’ve typically seen a variety of challenges and can offer insights to help guide decision-making processes, offering solutions that are tried and tested.
  2. Strategic Planning and Vision:  Your senior advisor can be a valuable resource for long-term strategic planning. Their experience allows them to see the bigger picture and understand the nuances of policy development and implementation. They can help you establish a strategic vision that aligns with your community needs and expectations.
  3. Crisis Management: During times of crisis, whether it be a natural disaster or a sudden political upheaval, having a seasoned advisor can be crucial. Their experience with previous crises can provide a steady hand and clear-headed coaching for navigating through difficult times.
  4. Mentoring and Development:  Senior advisors can play a significant role in mentoring and developing future leaders within your organization. They can impart valuable lessons and skills to emerging leaders, ensuring that the next generation of local government leaders is well-prepared for their roles. This mentorship can lead to a more competent and confident team, ultimately benefiting the entire community.
  5. Networking and Resources:  With years of experience often comes an extensive professional network. Your senior advisor likely has connections that can be leveraged for the benefit of your community. Whether it’s reaching out to other local government professionals for advice, accessing exclusive training opportunities, or finding funding sources, the connections that a senior advisor brings can open doors that might otherwise remain closed.

Utilizing your senior advisor is not just about tapping into their knowledge; it’s about fostering a collaborative environment where their experience and insights can help build a more effective and resilient local government.

2025 OCMA Annual Conference Call for Proposals

We are excited to announce that the 2025 OCMA Annual Conference will be held on February 26 – 28, 2025 at the Hilton at Easton Town Center. We look forward to connecting with you at this exciting event.

The 2025 Conference Planning Committee is currently working on the schedule of events, and more details will be shared soon. To design a high-quality program that is of value to members, we have opened up a Call for Session Proposals. You are encouraged to submit a proposal for consideration as a conference session: 

The deadline to submit a proposal is October 25, 2024.

New Guidance for Joint Purchasing Programs Under R.C. 9.48 Sets New Allowances

The Ohio Attorney General (OAG) released an opinion in March 2024, Opinion No. 2024-003, to clarify the kinds of services that may be procured under R.C. 9.48. The March 2024 opinion specifically references an OAG opinion released in August 2019, Opinion No. 2019-028, in which the OAG opined on the authority of a political subdivision to contract for construction services through joint purchasing programs under R.C. 9.48. With the August 2019 opinion, the OAG declared that a political subdivision cannot procure construction services pursuant to R.C. 9.48. Since its issuance, this opinion has had a significant limiting effect on joint purchasing programs that rely on procurements from out-of-state government entities, and it has had a corresponding limiting effect on political subdivisions within the state that have historically relied on those programs for procurement of construction services.  

In general, R.C. 9.48 allows political subdivisions to participate in (1) contracts entered into by another political subdivision, (2) joint purchasing programs, and (3) contract offerings from the federal government. Procurement pursuant to R.C. 9.48 is attractive to political subdivisions because such procurement is exempt “from any competitive selection requirements otherwise required by law if the contract in which it is participating was awarded pursuant to a publicly solicited request for a proposal or a competitive selection procedure of another political subdivision within this state or in another state.” Stated another way, a political subdivision can procure equipment, materials, supplies, or services pursuant to R.C. 9.48 without adhering to its own competitive procurement requirements, because another political subdivision has already done so.  

In the August 2019 opinion, however, the OAG determined that R.C. 9.48 could not be used to procure “construction services.” In making its determination, the OAG focused on 9.48(B)(1), which provides that a political subdivision may, for a fee, participate in a contract entered into by another political subdivision for “equipment, materials, supplies, or services.” The opinion notes that although the General Assembly had used the terms “construction” and “construction services” in other locations within the Revised Code, the General Assembly did not use those terms in the list of items that can be procured pursuant to R.C. 9.48. Due to this omission, the OAG determined that “construction services” cannot be procured under R.C. 9.48. The OAG opined that “[i]f the legislature intended to include ‘construction services’ in R.C. 9.48, it would have used the language to do so.” Id. at 4. Thus, according to the OAG, R.C. 9.48 does not provide an exception to the bidding statutes for construction services contracts.   

In the last five years following the August 2019 opinion, there has been little guidance as to what services are considered “construction services.” Based on the August 2019 opinion, a conservative interpretation of what would constitute “construction services” would include any typical construction-type improvements to facilities, such as roofs, flooring, HVAC, or lighting improvements. The March 2024 opinion clarifies that this is not always the case.    

Specifically, in the March 2024 opinion, the OAG considered what the General Assembly intended to be included under the term “services” contained within R.C. 9.48. The OAG concluded that “installation, maintenance, repairs and the like” are appropriately considered permissible “services” under R.C. 9.48, especially when they are procured with equipment, materials, and supplies under the program. By contrast, the OAG stated the word “construction” is commonly defined as “the process or art of constructing; act of building; erection; act of devising and forming; fabrication composition; also, a thing constructed; a structure.”   

Thus, the syllabus for the March 2024 opinion lands with a cautionary note, stating: “[w]hether any particular service acquired under R.C. 9.48, including any repair, maintenance, replacement, installation, or upgrade constitutes ‘construction’ or ‘construction services’ is a question of fact beyond the opinion-rendering function of the Attorney General.” Therefore, if you are a political subdivision in Ohio and plan to use a joint purchasing program to procure services for a building improvement project, you will want to work with legal counsel to determine whether the services sought are construction services and therefore prohibited from being obtained through a joint purchasing program, or rather, services limited to the “installation, maintenance, repair, and the like,” and ultimately permissible through a joint purchasing program.

Access the original article here.

New PFAS Regulations: Important Things to Know

The Environmental Protection Agency (EPA) released their much-anticipated final rule announcement for the legally enforceable new drinking water standards limiting exposure to a class of chemicals called PFAS, known as “forever chemicals.” Under the new rule from the EPA, water utilities must monitor drinking water supplies, ground water and surface water for PFAS chemicals and be required to notify the public and reduce contamination if levels exceed the new standard of four parts per trillion (ppt) for perfluoroalkyl and polyfluoroalkyl substances. One ppt is equal to a grain of sand in an Olympic size swimming pool, meaning four ppt is equal to four grains of sand per 2.64 million gallons of drinking water.

Community water systems (CWS) will have three years to complete water testing for these chemicals followed by ongoing compliance monitoring. Water system staff must also provide the public with information on the levels of these PFAS in their drinking water beginning in 2027. After this initial three-year period (2024−2027), CWS will need to include these results in their Consumer Confidence Reports (also known as Annual Drinking Water Quality Reports). Additionally, starting in year five of the promulgation of this rule (2029), all CWS must comply with all EPA-established maximum contaminant levels (MCLs) and public notifications for MCL violations.

The EPA estimates it will cost $1.5 billion annually to comply with the rule; however, the American Water Works Association, the Association of Metropolitan Water Agencies and other groups representing water utilities estimate the cost of monitoring and remediation of PFAS could be as much as $3.2 billion annually.

In addition, the EPA also announced nearly $1 billion in newly available funding through the Bipartisan Infrastructure Law to help states and territories implement PFAS testing and treatment at public water systems. An additional $12 billion is available through the Bipartisan Infrastructure Law for general drinking water improvements, including addressing emerging contaminants like PFAS.

PFAS chemicals may be strong, stable compounds and hard to remove from potable water…but not impossible.

There is no water problem we can’t solve together.

 

For more information, contact:

Eric Davis

ericd@wesslerengineering.com

419.615.8708

ICMA Professional Fellows Program

ICMA has been implementing the YSEALI Professional Fellows Program for the past 10 years, which is funded by the U.S. Department of State. It is a professional development exchange program that provides selected participants from Southeast Asia aged 25-35 the opportunity to spend 5.5 weeks in the United States. This includes 4 weeks working directly with American counterparts in individually tailored placements with non-profit organizations, state and local government, and private-sector offices across the country. ICMA brings participants from Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, Timor-Leste, and Vietnam to expand their technical expertise, leadership skills, and professional networks in environmental sustainability. Attached is a flyer that provides an overview of the program. ICMA as a sub to the American Councils for International Education is responsible for placing Fellows in the Sustainable Development and Environment theme. All transportation, housing and meals are covered by ICMA.

 

If you are interested in hosting or would like to learn more, please contact Laura Hagg,lhagg@icma.org or Alaina Mendoza, amendoza@icma.org.

 

Ohio Department of Development

The Ohio Department of Development works to support communities and private companies in revitalizing local properties and creating opportunities for improvements. Through its energy programs, businesses, manufacturers, nonprofits, schools and local governments receive assistance to reduce energy use and improve energy efficiency – resulting in lower energy costs.

Caroline Johnstone
Energy Programs Manager, Office of Energy and Environment
614-387-0218
caroline.johnstone@development.ohio.gov

Wessler Engineering

Wessler Engineering is a civil and environmental engineering firm specializing in wastewater, drinking water and stormwater projects providing services ranging from master planning and design to construction administration and asset management plans. Founded in 1975 and based in Indianapolis, Indiana, we have offices in Carmel, Evansville, Fort Wayne, Northwest Indiana, and West Lafayette and Bluffton and Grove City, Ohio.

Wessler Engineering is focused on developing and maintaining our clients’ loyalty and trust by providing the highest quality of service and treating our clients as an extension of our family.

Eric Davis
Wessler Engineering, Inc.
567-601-0673 Direct
EricD@wesslerengineering.com

MinuteMen

The MinuteMen Family of Companies offers a human resource platform for companies of all
sizes. MinuteMen provides staffing, payroll, tax administration, 401K, HRIS software,
recruitment, unemployment claims administration, and workers’ compensation management.
MinuteMen is one of the largest private employer service organizations in the United States and
serves over 40,000 companies across multiple states. Founded in 1968, MinuteMen is family
owned and operated with headquarters in Cleveland, Ohio.

Wendy Sergent
Manager of Employer Services
888-644-6266
wendy.s@minutemenmco.com

AchieveIt

AchieveIt helps organizations track, manage, and execute their most important initiatives. Instead of using manual processes to track and manage strategic plans and other key initiatives, city and county government organizations turn to AchieveIt to enable automated progress updates, defined accountability, and clear visibility into progress. Between real-time progress updates, customizable reports, and public-facing dashboards, AchieveIt enables a clear understanding of progress for key decision-makers and the public. Take back control of planning and execution with AchieveIt.

Joe Krause
Senior Vice President of Strategy Consulting
908-230-5352
jkrause@achieveit.com