Uncategorized – Page 5 – Ohio Constitution News

Constitutionally Created Commission for Ohio Public Officials’ Pay Increases?

December 9, 2014 / Steven Steinglass

SJR 9, recently passed by the Ohio Senate, would amend the Ohio Constitution to create the Public Office Compensation Commission. The Commission would review and set pay for lawmakers, constitutional officers, judges and others. Commission members would be appointed by the governor, members of the legislature and the chief justice of the Ohio Supreme Court, […]

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Ohio House passes Redistricting Reform Measure

December 9, 2014 / Steven Steinglass

The Ohio House passed HJR 12 , which would change the way state legislative districts are created, if voters approve this amendment to the Ohio Constitution. The hope is to make the redistricting process more bipartisan. Modifications were made to the previous language of HJR 12. See our prior post New Ohio Redistricting Idea Proposed

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Redistricting Reform Heats Up in Lame Duck General Assembly

November 20, 2014 / Steven Steinglass

Rep. Huffman recently introduced new plans for redistricting reform, set out in HJR 11 and HJR 12. See New Ohio Redistricting Idea Proposed with Only Weeks Left in the Legislative Session. Democrats have their own proposal, based on SJR 1, an earlier redistricting proposal. Under the Democratic proposal, there would be no consideration given to

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Does Cleveland’s Jock Tax Violate Equal Protection? Ohio Supreme Court will Hear Arguments

November 12, 2014 / Steven Steinglass

The Ohio Supreme Court will hear oral arguments on January 14, 2015 on whether Cleveland’s 2% municipal income tax on professional sports players from visiting teams violates the player’s Equal Protection rights under the U.S. and Ohio Constitutions. See Hillenmeyer v. City of Cleveland Board of Review, Ohio Supreme Court Case No. 2014-0285. The City of

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Ohio Supreme Court Holds Police Reasonably Relied on Invalid Warrants, Dissent Says Ohio Constitution May Have Offered Defendant More Protection

November 4, 2014 / Steven Steinglass

A police officer requested warrants for the arrest of Brandon Hoffman for house stripping. The request set forth the elements of the offense, name of suspect and location of offense, but contained no facts as to why officers suspected Hoffman of house stripping. A Toledo Municipal Court magistrate issued the warrants based on the request

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Ohio Supreme Court will Decide Whether Outside Salespeople are Employees under Ohio Constitution’s Minimum Wage Provision

October 31, 2014 / Steven Steinglass

The Ohio Supreme Court agreed to hear an appeal of the Second District’s decision in Haight v. Cheap Escape Co., 2014-Ohio-2447. This case held that by adopting the language of Article II, Section 34a of the Ohio Constitution, Ohio voters intended to abolish the minimum wage exemptions contained in the federal Fair Labor Standards Act

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Statutory Requirements for Filing Asbestos Suit Did Not Violate Ohio Constitution’s Right to Remedy Provisions

October 1, 2014 / Steven Steinglass

The Ohio Supreme Court recently held that R.C. 2307.92, requiring a smoker with an asbestos claim to present a diagnosis by a competent medical authority that the exposure to asbestos is a substantial contributing factor in order to avoid dismissal, did not violate the Ohio Constitution. The plaintiff asserted that these requirements violated the plaintiff’s

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Maple Heights Ordered to Put Traffic Camera Amendment on Ballot

September 22, 2014 / Steven Steinglass

When a city council received certification of required signatures for a charter amendment petition more than two weeks before the constitutional deadline to pass and ordinance, conducted two city council meeting before the deadline and failed to enact an ordinance to put the petition on the ballot, city council did not act “forthwith” as required

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Appellate Ruling: Outside Salespeople are Employees under Constitution’s Minimum Wage Provision

August 18, 2014 / Steven Steinglass

In Haight v. Cheap Escape Co., 2014-Ohio-2447, the Ohio Second District Court of Appeals held that outside salespeople paid on commission were employees as defined by Article II, Section 34a of the Ohio Constitution. This section states: As used in this section: “employer,” “employee,” “employ,” “person” and “independent contractor” have the same meanings as under

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Ohio Supreme Court Hears Two Cases Involving Juveniles and the Ohio Constitution

July 11, 2014 / Steven Steinglass

The Ohio Supreme Court recently heard oral arguments on two cases concerning juveniles and the Ohio Constitution. Quarterman v. State deals with the mandatory transfer of 16 and 17 year olds for certain firearm violations. In State v. Mole, the issue is whether an Ohio statute imposing criminal penalties on a police officer for

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