Effective: September 29, 2015
Latest Legislation: House Bill 64 - 131st General Assembly
(A) Upon determining that one or more of the conditions described in section 118.022 of the Revised Code are present, the auditor of state shall issue a written declaration of the existence of a fiscal watch to the municipal corporation, county, or township and the county budget commission. The fiscal watch shall be in effect until the auditor of state determines that none of the conditions are any longer present and cancels the watch, or until the auditor of state determines that a state of fiscal emergency exists. The auditor of state, or a designee, shall provide such technical and support services to the municipal corporation, county, or township after a fiscal watch has been declared to exist as the auditor of state considers necessary.
(B) Within ninety days after the day a written declaration of the existence of a fiscal watch is issued under division (A) of this section, the mayor of the municipal corporation, the board of county commissioners of the county, or the board of township trustees of the township for which a fiscal watch was declared shall submit to the auditor of state a financial recovery plan that shall identify actions to be taken to eliminate all of the conditions described in section 118.022 of the Revised Code, and shall include a schedule detailing the approximate dates for beginning and completing the actions and a five-year forecast reflecting the effects of the actions. The financial recovery plan also shall evaluate the feasibility of entering into shared services agreements with other political subdivisions for the joint exercise of any power, performance of any function, or rendering of any service, if so authorized by statute. The financial recovery plan is subject to review and approval by the auditor of state. The auditor of state may extend the amount of time by which a financial recovery plan is required to be filed, for good cause shown.
(C) The auditor of state shall declare that a fiscal emergency condition exists under section 118.04 of the Revised Code in the municipal corporation, county, or township if either of the following applies:
(1) A feasible financial recovery plan for a municipal corporation, county, or township for which a fiscal watch was declared is not submitted within the time period prescribed by division (B) of this section, or within any extension of time thereof; or
(2) The auditor of state finds that a municipal corporation, county, or township for which a fiscal watch has been declared has not made reasonable proposals or otherwise taken action to discontinue or correct the fiscal practices or budgetary conditions that prompted the declaration of fiscal watch, and the auditor determines a fiscal emergency declaration is necessary to prevent further decline.
Structure Ohio Revised Code
Chapter 118 | Local Fiscal Emergencies
Section 118.01 | Local Fiscal Emergency Definitions.
Section 118.02 | Requiring Fiscal Integrity of Municipal Corporations, Counties, and Townships.
Section 118.021 | Initiating Fiscal Watch Review.
Section 118.022 | Conditions Constituting Grounds for Fiscal Watch.
Section 118.023 | Declaring Existence of Fiscal Watch; Financial Recovery Plan.
Section 118.03 | Fiscal Emergency Conditions.
Section 118.04 | Determining Existence of Fiscal Emergency Condition.
Section 118.041 | Performance Audit of Municipal Corporations.
Section 118.05 | Financial Planning and Supervision Commission.
Section 118.06 | Submission of Detailed Financial Plan.
Section 118.07 | Commission or Financial Supervisor - Powers and Duties.
Section 118.08 | Powers, Duties, and Functions of Financial Planning and Supervision Commission.
Section 118.09 | Paying Expenses and Obligations.
Section 118.10 | Developing Effective Financial Accounting and Reporting System.
Section 118.12 | Failure to Submit Plan.
Section 118.13 | Appropriations May Not Be Contrary to Financial Plan.
Section 118.14 | Commission Communications.
Section 118.15 | Prior Approval of Debt Obligations.
Section 118.16 | Bond Anticipation Notes.
Section 118.17 | Issuing Local Government Fund Notes.
Section 118.18 | Debt Obligation Definitions.
Section 118.19 | Using Special Provisions for Debt Obligations.
Section 118.20 | Authorizing Debt Obligations.
Section 118.21 | Rights and Remedies of the Holders of Debt Obligations.
Section 118.22 | Pledge and Agreement of State With and for Benefit of Holders of Debt Obligations.
Section 118.23 | Current Revenue Notes Issued During Fiscal Emergency Period.
Section 118.24 | Issuing Advance Tax Payment Notes.
Section 118.25 | Invest in Current Revenue Notes.
Section 118.26 | Debt Obligations.
Section 118.27 | Continued Existence of Commission.
Section 118.28 | Severability - Construction.
Section 118.31 | Legal Action to Dissolve a Municipal Corporation or Township.