The following guest column from Blue Ash City Solicitor Mark Vander Laan was recently submitted to the Northeast Suburban Life. It was printed in that paper's May 12 edition:

"Periodically, the City of Blue Ash is asked about City Council passing legislation as an “emergency.” As the City’s Solicitor (appointed legal official) since 1983, I write to explain why.

Although the term “emergency” can imply a dire situation or perhaps even a crisis, the word should not be applied so literally to legislative action. As courts have written, the term "emergency legislation" is used "not because there is necessarily some true emergency to be corrected or addressed as we may commonly construe the word 'emergency.' Rather, this designation is given to any piece of legislation the enacting body decides, whatever its reasons, must take immediate effect upon passage."

Blue Ash passes much of its legislation by emergency. The “emergency” language is gleaned from the City’s Charter (as voted on and approved by Blue Ash citizens). The Charter determines when legislation takes effect - that is, when it becomes governing law. Legislation passed by emergency becomes law immediately. If an ordinance is not passed by emergency, it does not become law until 40 days after publication of the ordinance.
Virtually all municipalities use this tool, even if they are not governed by Charter, so that they can take action immediately when legislation is passed. State law specifically authorizes cities not governed by charters to pass legislation by emergency if need be. So this is not a unique or strange procedure.

The vast majority of Blue Ash’s emergency legislation authorizes purchases which citizens routinely expect from a local government. Those purchases help provide the level of service and amenities citizens demand and deserve. Currently, the Charter requires that any single purchase over $25,000 in a fiscal year, or aggregate purchase from the same vendor within that year, be approved by Council separately via ordinance. Examples of such purchases include police cruisers, rock salt for snow and ice control on public roadways, and major fire equipment. Emergency legislation has also authorized payment for utility services such as gas and electricity, popular year-round class instruction services at the Recreation Center, and to Hamilton County for Charter-required public health services for Blue Ash citizens - just to name a few.

Blue Ash cannot wait to purchase these items or services (or to pay for them) for 40 days. Citizens expect their local government to be responsive and efficient. That's why emergency legislation is passed - so Blue Ash can take action immediately.

But passing legislation by “emergency” does not evade public scrutiny or preclude the public from speaking about pending legislation. Nor is it intended to. For example, funds earmarked for purchases are included within the City’s Proposed and Final budgets. Public discussion concerning those issues begins in the fall before the budget is passed the following January. The legislation under consideration is posted in the “Municipal Bulletin” section of the City’s BlueAsh.com website generally the day before the Council meeting. And, of course, all Blue Ash City Council meetings are open to the public. The opportunity to comment occurs during the “Hearings from Citizens” portion of each regular Council meeting.

City Council does not pass certain legislation by emergency. For example, ordinances addressing many zoning and development issues are not passed by emergency. So City Council carefully considers when measures should be passed by emergency.

The term "emergency" is misunderstood, but when properly clarified in the context of passing legislation any concerns about it are explained. The emergency process allows Blue Ash to act immediately for the “immediate preservation of the public peace, health, safety, morals, or welfare” of its citizens. Blue Ash will continue to act quickly and efficiently for the benefit of its citizens, using the tools they approved at the ballot box to do so."