Wither The Village?

House Bill 331, approved by the Ohio House of Representatives, could lead to more villages being dissolved.

Last year, our Civic Capacity newsletter published an article that underscored the challenges faced by local villages, not only here in Miami County, but throughout the state. Some of these potential challenges could lead to the necessity of village dissolution - having those minimal services offered by the village to be offered by the township or the county. Drawing attention to experiences in Ohio, such as the dissolution of Amelia in Clermont County. In 2019, Amelia faced a contentious decision when voters chose to dissolve the village after rejecting a proposed income tax. This situation exemplifies the complexities and potential messiness of village dissolution, highlighting the need for clear legislative guidelines like those proposed in a recent piece of legislation adopted by the Ohio House of Representatives, Substitute House Bill No. 331. You can read our previous work here:

The bill seeks to modify existing legislation regarding the dissolution of villages in Ohio. The bill, passed by the House and part of the 135th General Assembly, aims to amend certain sections of the Ohio Revised Code, while adding certain language to clarify the dissolution process. This legislative effort is driven by the need to streamline and clarify the process of village dissolution, ensuring smoother transitions and more comprehensive evaluations of villages' viability.

The proposed law introduces several key changes. One notable amendment is the definition of critical terms such as "date the dissolution is effective," "period when a dissolution is in question," and "transition period." These definitions are crucial for providing a clear timeline and process for village dissolution. The bill specifies that the "date the dissolution is effective" is the date when the election result is certified or when the attorney general files a court's order of dissolution with relevant state offices. The "period when a dissolution is in question" spans from the filing of a petition or an unsatisfactory finding to the certification of election results or a court decision. The "transition period" begins once the dissolution is effective and continues until all debts, obligations, liabilities, and property transfers are resolved.

The improved process of village dissolution itself is designed to ensure a more structured approach. Villages can voluntarily dissolve through a petition signed by at least 30% of electors, determined by the number voting at the last municipal election. If the village legislative authority fails to act on the petition within 30 days, the electors can present it to the county board of elections. The petition must be filed during an even-numbered year and at least 90 days before the next general election. If the election results favor dissolution, the village clerk or board of elections certifies the results to the secretary of state, auditor of state, and county recorder, marking the cessation of the village's corporate powers upon recording the certified results.

Section 703.331 introduces an evaluation mechanism to assess the viability of villages every ten years, based on federal decennial census results. County officials, including the county auditor, treasurer, and a selected county commissioner, will evaluate whether a village provided at least five essential services (e.g., police, fire-fighting, garbage collection, water or sewer service) and had at least one candidate for each elected village position during elections. If a village fails to meet these criteria, the county officials notify the village's legislative authority and file the finding with the county board of elections. The board then submits the question of dissolution to village electors at the next general election. This evaluation procedure supplements the voluntary dissolution process outlined in section 703.33.

The proposed changes are significant for villages like those in Miami County, which face challenges related to population decline and economic viability. Miami County's villages have experienced fluctuating populations over the past century. The 2020 Census recorded 108,774 residents in Miami County, with 11,801 (just over 10%) living in one of the county's nine villages. Villages in the county range from West Milton, with 4,697 residents, to Ludlow Falls, with just 175 residents.

Furthermore, village councils are seeing vacancies in offices. According to the Miami County Board of Elections, a majority of the county’s villages have at least one vacancy on their village council. Casstown and Ludlow Falls have no individuals serving as Mayor or even on Village Council. Fletcher as four vacancies on village council, Potsdam and Bradford each have two vacancies. Vacancies also exist in Covington and Laura.

The proposed legislation, therefore, addresses these concerns by providing a clear framework for evaluating and potentially dissolving villages that no longer meet essential service and governance standards. The inclusion of both voluntary and evaluated dissolution processes ensures that villages have multiple avenues for addressing their viability issues. Additionally, the bill's provisions for a transition period help manage the practical aspects of dissolving a village, ensuring that all debts, liabilities, and property transfers are handled systematically.

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