November 23, 2020 Monday Message from the McDonald Hopkins Public Law Team

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Monday, November 23

To our friends, clients and colleagues in local and regional government, higher education and the nonprofit sector, welcome to our latest Monday Message from the Public Law Group at McDonald Hopkins. In today’s email, assembled by attorneys Dave Gunning, Kelsey Smith, Mike Wise and Kevin Butler, you’ll find insights into areas of law we’re watching on your behalf.

In today’s edition:

  • In our monthly segment, ‘5 Questions With’ State Senator Matt Dolan
  • The latest on statewide COVID-19 measures: the curfew and virtual public meetings
  • New public procurement method in the offing: public-private partnerships
  • Invitation to learn more about Treasurer’s ResultsOHIO program

In our monthly segment, ‘5 Questions With’ State Senator Matt Dolan

5 Questions Matt Dolan

In today’s edition of the Monday Message, we’re excited to continue our series, ‘5 Questions With’ – a monthly segment in which we ask local, regional and statewide leaders to pass along their wisdom on items of current and lasting interest, all in a brief, easy-to-read format.

For our latest installment we’ve asked Matt Dolan, the state senator representing Ohio’s 24th District and the chair of the Senate Finance Committee, to offer his views on everything from the recent election to his legislative priorities in the next term. Among those priorities: relaxation of regulations in order to assist in the state’s COVID-19 response; a repeal of H.B. 6, the nuclear bailout bill adopted based on what he calls “criminal acts”; and passage of S.B. 21, which would allow certain companies to become benefit corporations – corporations whose purposes are artistic, charitable, cultural, economic, educational, environmental, literary, medical, religious, scientific, or technological and benefit interests aside from shareholders’ interests. (To learn more about B-corps, visit our October 26 Monday Message.)

Read Dolan’s answers to our five questions here or click the banner above.

The latest on statewide COVID-19 measures: the curfew and virtual public meetings
Today Kelsey Smith posts a rundown of Governor DeWine’s Stay Home Tonight curfew order, a three-week measure meant to stop the spike in positive coronavirus cases around the state. The order went into effect November 19 and contains a number of exceptions. Read about them in Kelsey’s post here. In the same post Kelsey provides an update on the General Assembly’s passage of H.B. 404, which was originally introduced to apply to higher-education institutions but was amended due to the pandemic to give all Ohio public deliberative bodies permission to conduct virtual meetings until July 1, 2021.

New public procurement method in the offing: public-private partnerships
Today Mike Wise blogs on the upshot of H.B. 218, which if passed by the General Assembly would allow cities and villages, townships, state higher-ed institutions, counties, school districts, library districts, port authorities and other selected entities to execute public-private partnership (P3) agreements. Mike explains that P3 agreements are a way to infuse private investment in public infrastructure by providing an alternative procurement model for public assets – a model that permits the private investor to finance, design, build and maintain the public asset for up to 40 years before transferring it fully to the public entity. Read Mike’s informative post here, and stay tuned to future Monday Messages for updates on the pending legislation.

Invitation to learn more about Treasurer’s ResultsOHIO program
Our Public Law partner Dave Gunning reminds us today of a new statewide program introduced by Ohio Treasurer Robert Sprague’s office. The program, called ResultsOHIO, enables policymakers and innovators to pursue pay-for-success projects aimed at tackling their most challenging issues.

ResultsOHIO is a fund within the Treasurer’s office that enables nonprofits to pursue pay-for-success (PFS) projects aimed at tackling the most pressing social challenges facing Ohio. The program is meant to observe and give accountability to the projects and to help them grow.

How does it work? ResultsOHIO acts as a facilitator for new projects committed to combating the social and public health problems facing our communities – for example, opioid addiction, infant mortality, access to healthcare, and access to broadband. By using ResultsOHIO’s streamlined and uniform process for assessment, prospective projects can get one step closer to taking root in Ohio.

ResultsOHIO ensures prospective projects are assessed through a consistent and accountable process so that policymakers can consider them for implementation. Being deemed “PFS Appropriate and Ready” through ResultsOHIO serves as a seal of approval for a project, endorsing its ability to be launched under a PFS framework (should the project earn the support of policymakers and receive funding). Most importantly, ResultsOHIO protects taxpayer dollars by focusing on bold, new outcomes-based ideas. Public dollars will only be used to pay for a project if it is proven to deliver real results at its conclusion. Read more about the program here.

The Treasurer’s office is hosting an introduction to ResultsOHIO webinar on Tuesday, December 8 at 9 a.m. If you wish to join this informational session, please RSVP by calling the Treasurer’s office no later than Friday, Dec. 4. Meanwhile, feel free to reach out to Dave Gunning or anyone in the Public Law practice for assistance with a ResultsOHIO project idea.

We’re back with our next edition of the Monday Message on Dec. 14. Meanwhile, if you have questions or need assistance on any of the matters we’ve covered above or with your legal needs in general, please feel free to contact any member of the McDonald Hopkins Public Law team.

Have a great week!

Teresa Metcalf Beasley
Chair, Public Law

©2020 McDonald Hopkins LLC All Rights Reserved
This Publication is designed to provide current information for our clients, friends and their advisors regarding important legal developments. The foregoing discussion is general information rather than specific legal advice. Because it is necessary to apply legal principles to specific facts, always consult your legal advisor before using this discussion as a basis for a specific action.

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