Laserfiche WebLink
<br />RESOLUTION N0. 83-27 <br />INTRODUCED BY: Mayor Beebe & Council as a Whole <br />A RESOLUTION URGING THE LEGISLATURE <br />OF THE STATE OF OHIO TO ENACT H.B. <br />482 PERTAINING TO GOVERNMENTAL <br />IMMUNITY. <br />WHEREAS, Article I, Section 16 of the Ohio Constitution <br />expressly provides that suits may be brought against the State of Ohio <br />in such courts and in such manner as may be provided by law; and <br />WHEREAS, the Ohio Legislature has never enacted a law to <br />permit lawsuits for damages against villages, cities or school boards, <br />as subdivisions of the State, except in limited and specifically <br />defined circumstances; and <br />WHEREAS, in a long and unbroken line of cases the Ohio <br />Supreme Court has held that, by virtue of the Ohio Constitution, <br />specific statutory authority is required as a prerequisite to the <br />bringing of suits against the State or its political subdivisions; and <br />WHEREAS, as recently as 1977, the Ohio Supreme Court <br />specifically found that Article I, Section 16 of the Ohio Constitution <br />is not self executing and that the legislature had never enacted a law <br />permitting general liability lawsuits against political subdivisions; <br />and <br />WHEREAS, notwithstanding the foregoing, the Ohio Supreme <br />Court has determined to abrogate and overrule this rule of law which <br />has been established in Ohio from 1854 through 1977 and beyond; and <br />WHEREAS, this judicial abrogation of the well reasoned <br />doctrine of governmental immunity is expected to encourage the filing <br />of claims against municipalities and school boards alike; and <br />WHEREAS, this is a matter of the most profound importance in <br />the public policy of this State which has been deprived of the benefit <br />of the legislature's consideration, debate and deliberation; and <br />WHEREAS, the Ohio legislature has now before it H.B. 482, <br />which would publicly establish ground rules, boundaries, and defenses <br />with respect to liability of political subdivisions of the State, <br />which would restore governmental immunity to school districts and <br />which would promulgate irrational procedure for the filing and payment <br />of those claims allowable under the statutes; now, therefore <br />BE IT RESOLVED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT: <br />