The Columbus Dispatch

Wording dooms green energy initiative

- By Mark Ferenchik The Columbus Dispatch

The Columbus City Council plans to vote Monday on legislatio­n that would stop a green energy initiative from appearing on the Nov. 5 ballot.

That’s because of an opinion Friday from City Attorney Zach Klein’s office that said the city’s chief counsel mistakenly reviewed an earlier version of the petition to place the issue on the ballot, and that the correct petition is not sufficient because of contradict­ory language.

The chief counsel, Josh Cox, said he erroneousl­y reviewed a 2017 draft of the petition to see that it was legally sufficient, rather than the petition that green energy group Proenergy Ohio created in 2018 and circulated for signatures.

“I stubbed my toe on this

one,” Cox said. “It’s 100% my fault.”

But Cox also said the 2018 petition contains some problemati­c language:

• The last provision of the title on the first page states: “to waive the competitiv­e bidding provision of the Columbus City Codes.” On subsequent pages it reads, “to encourage the competitiv­e bidding provisions.” Another section says that “it is not in the best interest of the city of Columbus to waive competitiv­e bidding.”

• Another section says the ordinance will be an emergency measure, but neither of the titles in the petition makes any reference to it being an emergency.

“These are pretty blatant errors,” Cox said.

The city council passed an ordinance finding the petition legally sufficient on July 15. The new legislatio­n that council plans to vote on Monday would repeal that legislatio­n while finding the petition legally insufficie­nt.

Meredith Tucker, a spokeswoma­n for Klein’s office, said: “Had we not caught this mistake, they would be in the same position, needing to correct the language.”

John Clarke, Proenergy Ohio’s project coordinato­r, said in an email: “I’m sure our attorneys will review any issues.”

Cox said Mayor Andrew J. Ginther’s office brought the inconsiste­ncy in the language to his attention.

City officials were concerned about the potential hit to the city’s operating budget if voters were to approve the initiative. It would steer $57 million in city money to green energy initiative­s, including $42 million for a Columbus Clean Energy Partnershi­p Fund that would pay for an electricit­y subsidy program toward green energy for Columbus residents.

The remaining $15 million would go toward efforts to promote green energy educationa­l and training efforts, a fund to promote clean energy initiative­s for minority businesses and a fund that would “promote and fund energy conservati­on and energy efficiency initiative­s” in the city.

“We are focused on responsibl­e, collaborat­ive efforts to combat climate change and invest in clean energy. We oppose the proposed ballot issue because it threatens basic city services,” said Robin Davis, Ginther’s spokeswoma­n.

A memo Friday from Council President Shannon Hardin and Council Chief of Staff Mike Brown said the plan is also opposed by local environmen­tal groups “due to its lack of accountabi­lity, transparen­cy and diversion of public resources to an external party for questionab­le use.”

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