Mayor Migliorini, without authority from Macedonia City Council, took it upon himself to spend $49,700 of the public’s money to support the passage of Issue 3. At the March 23, 2017 Council meeting Mayor Joseph Migliorini disclosed that he spent $49,700 of the taxpayer’s money on Issue 3: another attempt to pass an income tax levy that has previously been rejected by Macedonia residents on two separate occasions. The Mayor accepted “full responsibility” for the expenditure of these funds and said it was for public “education.” Migliorini said, “It’s incumbent upon this Mayor and Administration to educate the general public about the issues.”
Ohio law prohibits the use of public funds to support or oppose the passage of an income tax levy.[1] Here, the Mayor has spent $49,700 on an advertising campaign to promote the passage of Issue 3. Also, the Mayor has used the City’s service department workers to put up signs throughout Macedonia that advocate for the passage of Issue 3. Also, the Mayor has used City’s website to support the passage of Issue 3. In, totality, it is doubtful anyone would see the Mayor’s efforts as anything other than a campaign intended to pass Issue 3.
Further, Ohio law and the Macedonia Charter prohibits the spending of the public’s money except in pursuance of an appropriation made by the City’s Council.[2] In this instance, it is undisputed Macedonia City Council did not debate or pass an ordinance that authorized Mayor Migliorini to spend almost $50,000 for the passage of Issue 3.
When the Mayor committed these funds in early March 2017, the City of Macedonia was operating under a temporary three-month appropriation passed by City Council during December 2016. This temporary budget did not appropriate $49,700 or authorize the Mayor to “educate” or “market” Issue 3 to Macedonia residents.
When Macedonia’s City Council passed its final 2017 budget on March 23, 2017 after almost three months of discussions, the budget did not appropriate funds to “educate” or promote passage of the Issue 3 levy. In summary, there is no evidence that the expenditure was part of Macedonia’s 2017 annual budget.
[1] Ohio Revised Code §9.03
[2] Ohio Revised Code §§5705.41(B), 733.13, 705.18, and 705.19.