Hear from both sides on Issue 9, a Dayton tax levy measure in support of a new public hospital

Volunteers in support of the passage of Issue 9 listen during a meeting on Tuesday, Sept. 23 at College Hill Community Church on Philadelphia Drive in western Dayton. If passed, the levy would raise $2 million in support of a new public hospital in West Dayton. BRYANT BILLING / STAFF

Credit: Bryant Billing

Credit: Bryant Billing

Volunteers in support of the passage of Issue 9 listen during a meeting on Tuesday, Sept. 23 at College Hill Community Church on Philadelphia Drive in western Dayton. If passed, the levy would raise $2 million in support of a new public hospital in West Dayton. BRYANT BILLING / STAFF

The Clergy Community Coalition earlier this year obtained enough signatures from registered Dayton voters to put a tax levy measure in support of a new public hospital on the Nov. 4 ballot, called Issue 9.

The coalition was formed by a group of faith leaders and activists after Premier Health decided to close Good Samaritan Hospital in northwest Dayton in 2018. The coalition unsuccessfully tried to stop Good Sam from closing and being demolished.

In today’s Ideas & Voices, hear arguments in favor and opposed to Issue 9.

Editor’s Note: You can read the full text of Issue 9 below.

Eric Moyer has lived most of his life in Dayton. A biomedical scientist by day, he has also been involved in local politics for the last seven years. CONTRIBUTED

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Issue 9 is the first step for Dayton residents to start securing our healthcare future

Issue 9 creates a designated source of funds to build and operate a public hospital in Dayton. Public hospitals are very common. 1 out of 5 hospitals in the US are public, meaning they’re operated by local governments or public universities. In Ohio, Cleveland’s award winning public Metro Health System is a shining example of financial sustainability and a responsible use of taxpayer dollars. It was built nearly 200 years ago and less than 5% of its revenue comes from local taxpayers. In exchange, according to a Cleveland State University study, MetroHealth adds $800 million to Cleveland’s local economy every year. Thousands of Dayton residents signed petitions to put Issue 9 on the ballot because we believe Dayton should follow Cleveland’s example and build a public hospital that is right for Dayton’s size and needs. Vote YES on Issue 9 to start funding our own public hospital.

- Read more from Eric Moyer, a supporter of Issue 9.

Matt Joseph is a Dayton City Commissioner. CONTRIBUTED

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Issue 9 cruelly raises false hope and would only lead to millions of dollars wasted

When the city has placed tax levies on the ballot for residents to vote on, we’ve described exactly how we’ve planned to follow through on our promises. A tax levy should contain a workable plan and a timeline, which allows residents to measure progress toward the goals and to hold officials accountable. This tax levy contains few, if any of these components. There is no plan for raising the additional millions of dollars needed. There are no agreements with partners who could help build and operate a hospital, and there are none who have even mentioned any interest. This tax levy raises people’s hopes without a real plan or enough funding to build and operate a hospital. Daytonians will pay more in taxes but this plan will not make our city healthier.

- Read more from Matt Joseph, Dayton City Commissioner.

A sign pointing to a ballot scanning machine at Montgomery County Board of Elections on Tuesday, Oct. 7. BRYANT BILLING / STAFF

Credit: Bryant Billing

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Credit: Bryant Billing

Read the full text of Issue 9:

AN INITIATIVE PETITION FOR AN ORDINANCE

Authorizing Submitting to the Electors of the City of Dayton a Proposed 1.00 Mill Tax Levy for the Purpose of Building and Operating of a Public Hospital in West Dayton, Pursuant to Chapters 749 and 5705 of the Ohio Revised Code, and Declaring an Emergency.

WHEREAS, On June 17, 2020 the Dayton City Commission unanimously supported Resolution 6512-20, which declared racism as a public health crisis, vowed to support equitable policies to inform our public discourse on racism in the City of Dayton, and committed to adopting an anti-racist lens in creating new city policy; and

WHEREAS, Resolution 6512-20 stated, that “[d]isproportionately higher rates of chronic diseases, mortality, poverty, economic distress, and the adverse effects of health outcomes for African Americans are widely recognized and documented yet continue to persist throughout the United States;” and

WHEREAS, Resolution 6512-20 asserted that “the death of a child before their first birthday is the most sensitive indicator of societal health, and black infants in Montgomery County are 2.5 times more likely to die in the first year of life than white infants;” and

WHEREAS, Resolution 6512-20 recognized that “African Americans’ health outcomes are twice as poor as the rate for Caucasians when comparing the social determinants of health, including deaths due to chronic disease, infant mortality, [… and] low birth weight infants;” and

WHEREAS, Black women in Ohio are more than five times as likely to die from pregnancy-related complications than the state average, according to a new Journal of the American Medical Association study spanning 1999-2019; and

WHEREAS, West and Northwest Dayton have historically been, and continue to be, areas of the city with the highest concentration of Black residents; and

WHEREAS, In July 2020, the City of Dayton released its Northwest Dayton Neighborhoods Vision, which identified the loss of Good Samaritan Hospital as one of the many “challenges” in Northwest Dayton, specifically in the Philadelphia Woods neighborhood; and

WHEREAS, As of 2018, almost 19% of acute care hospitals in the United States were operated by state and local governments, and 56% of the fifty largest US metropolitan areas had at least one such hospital; and

WHEREAS, Of the 25 largest cities in Ohio, only Cleveland has a city or county-operated hospital system, the MetroHealth System (MHS), which was first established as the City Hospital of Cleveland in 1837, and is currently operated as a joint partnership between the City of Cleveland and Cuyahoga County; and

WHEREAS, The public hospital system in Cleveland surpasses all local private and profit rivals in many measures for equitable healthcare access, such as Medicaid and low-income inpatient utilization rates of 56% and 35%, respectively, compared to 21% and 11%, respectively, for the private and non-profit hospitals within the Cleveland hospital referral region; and

WHEREAS, Health care is the largest sector of U.S. gross domestic product, and hospitals are frequently the largest employers in post-industrial cities, and a 2013 study released by Cleveland State University found that the MetroHealth System contributed an estimated $797 million into the region’s economy each year; and

WHEREAS, The number of annual patients for the MHS also continues to increase despite the decrease in the overall population of the county, repeatedly reinforcing its position as an integral part of Cleveland’s community; and

WHEREAS, Chapter 749 of the Ohio Revised Code provides a framework to fund a public hospital by allowing cities to assess an additional property tax of up to one (1.00) millage, which is the equivalent of $35 for every $100,000 in appraised property value; and

WHEREAS, the Montgomery County Auditor has certified that the total current tax valuation of the City is $2,032,797,260 and the dollar amount of revenue that would be generated by a one (1.00) mill levy would be $2,032,797.26 annually during the life of the levy, assuming that the total current tax valuation remains the same throughout the life of the levy; and

WHEREAS, Residents of the City of Dayton find it necessary to enact said one (1.00) mill levy in accordance with Revised Code §749.01 in order to begin collecting such revenue without interruption; and

WHEREAS, Dayton’s City Charter empowers residents to directly enact legislation through an Initiative Petition process; and

WHEREAS, Dayton’s City Attorney fulfilled the obligation in Dayton’s City Charter that “Before any ordinance shall be considered by the Commission, it shall first be approved as to its form by the city attorney, whose duty it shall be to draft such proposed ordinance in proper legal language, and to render such other service to persons desiring to propose such ordinance as shall be necessary to make the same proper for consideration by the Commission”, and;

WHEREAS, In order to complete this initiative in a timely manner and for the immediate preservation of the public peace, property, health and safety, it is necessary that this Initiative Petition take effect at the earliest possible date; now, therefore,

BE IT ORDAINED BY THE COMMISSION OF THE CITY OF DAYTON:

Section 1. That the following be submitted to electors of the City of Dayton at the next regularly scheduled election permitted by Ohio law:

That the Revised Code of General Ordinances be, and hereby is, supplemented by the enactment of §§36.500 through 36.504, which shall pertain to the subject of the funding and governance of a public hospital in West Dayton, and shall read as follows:

§36.500. Imposition of Property Tax for the Dayton Public Hospital.

(A) Pursuant to §749.01 of the Ohio Revised Code, upon adoption by a majority of voters of the City of Dayton, a tax shall be imposed and levied commencing January 1, 2026, and ending December 31, 2035.

(B) The tax is an annual tax levied on the real estate tax duplicate valuation, including land, buildings, and improvements, as assessed by the Montgomery County Auditor and collected by the Montgomery County Treasurer.

(C) The tax is levied in accordance with the limitations specified in Article XII, §2 of the Ohio Constitution and Chapter §5705 of the Ohio Revised Code, and this Ordinance incorporates the provisions of such.

(D) The rate of the tax shall be one (1.00) mill, the equivalent of Thirty Five Dollars and Zero Cents ($35.00) for each One Hundred Thousand Dollars and Zero Cents ($100,000.00) of appraised value.

(E) The purpose of the tax is to provide for the construction and operation of a public hospital located in west Dayton that shall be wholly owned and operated by the City of Dayton in accordance with Chapter 749 of the Ohio Revised Code, or maintained within public ownership and operation through a joint partnership agreement with another municipality, county, or township.

36.501. The Dayton Public Hospital.

(A) The facility shall be constructed in West Dayton.

(B) The facility may be constructed and opened in phases, but the plans shall at least include an emergency department that is at least a trauma level 2 center, an Intensive Care Unit, pediatric emergency services, mental health programs and services, a diagnostic laboratory, an imaging center, an outpatient obstetrics clinic, a birthing center that provides prenatal and neonatal care, and outpatient specialty offices such as cardiology, pulmonology, neurology, nephrology, orthopedics, and physical therapy.

(C) All patients are to be accepted by this facility regardless of their insurance status, including but not limited to those covered by CareSource, Medicaid, Medicare, self-payers, private insurers, and those who do not carry insurance.

(D) The facility shall provide abortion services and shall enter into transfer agreements with ambulatory surgical centers that provide or wish to provide abortion services.

(E) The facility shall use project labor agreements for all hospital construction projects over Two Hundred Thousand Dollars and Zero Cents ($200,000.00), and contractors and subcontractors shall be bound to the terms and conditions of the project agreement for the awarded contract through the inclusion of appropriate bid specifications in all relevant bid documents. Provisions shall also provide for and promote increased opportunity for trade worker apprenticeships utilization and training opportunities, and all project agreements shall require that at least fifteen (15) percent of the labor hours be performed by apprentices enrolled in a State-registered apprenticeship program.

(F) The facility shall:

(1) During any labor organization or any prospective labor organization’s effort to organize facility employees, not take a position against formation of a union, nor shall it hamper, impede, discourage, or otherwise advocate against the union during an organizing campaign. This shall extend to the official communications and actions of administrators, employees, contractors, and subcontractors acting in their professional capacity or acting on behalf of those in an official capacity.

(2) Utilize a card check agreement for the purpose of determining organized labor representation and that agreement shall be enforceable between the hospital and the labor organization under § 301(a) of the Labor Management Relations Act of 1947, 29 U.S.C. § 185(a).

(3) Abide by the results of the card check procedure, and irrevocably waives the filing of a representation petition before the NLRB in lieu of the card check procedure.

(4) Recognize any labor organization establishing that a majority of employees in the bargaining unit eligible to participate in the card check have designated the labor organization as the employees’ exclusive collective bargaining agent for all purposes recognized by federal labor laws.

(5) Include the provisions in this section in any contract or subcontract which permits a contractor or subcontractor to develop, use, operate, or manage a business, along with a provision requiring that subcontractors comply with the requirements provided in this section. These provisions shall be a material and mandatory term of such subcontract, binding on all successors and assigns.

36.502. Establishment of the Board of Hospital Trustees.

In accordance with §749.04 of the Ohio Revised Code, the mayor, with the approval of a majority of the Commission, shall appoint a hospital governing board. The Board shall be composed of eleven trustees serving staggered four (4) year terms in accordance with §749.05 of the Ohio Revised Code, including:

(A) The mayor, who shall act as the Chairperson of the Board;

(B) A representative from the Human Relations Council, who shall act as the Vice-Chairperson of the Board;

(C) A representative from the Department of Planning and Neighborhood Development;

(D) A representative from the Department of Finance;

(E) One member who is an architect with experience in trauma-informed design.

(F) Two members who are employed at the hospital as doctors, nurses, other healthcare providers, or representatives from a collective bargaining unit within the hospital;

(G) Three representatives from community organizations whose principal purpose is healthcare access or civil rights enforcement in Dayton;

(H) One member of the public who has never been employed in the administration of a healthcare facility.

(I) In the event there is established a joint partnership agreement with another municipality, county, or township, three additional members may be appointed by that jurisdiction’s legislative authority in accordance with §§ 339.14, 513.10, or other governing section of the Ohio Revised Code.

Sec. 36.503. Role of the Board of Hospital Trustees.

(A) The Board shall execute all duties and responsibilities outlined in Chapter 749 of the Ohio Revised Code.

(B) The Board shall, beginning in the first year of hospital operation, produce a report once every year which includes performance metrics such as health outcomes and other related measures, accessibility, and any areas for improvement.

(C) The Board shall post its study on a municipal website and receive public comments over a period of sixty (60) days. During the public comment period, the Committee shall hold a public hearing during a regular City Commission meeting to receive any additional comments and to summarize the findings of the report.

Sec. 36.504. Severability.

It is declared to be the intention for the sections, divisions, paragraphs, sentences, clauses, and words of this chapter are severable. If any section, division, paragraph, sentence, clause, or word is declared invalid by any court of competent jurisdiction, its unconstitutionality or invalidity shall not affect the validity of any of the remaining sections, divisions, paragraphs, sentences, clauses, and words of this chapter, since the sections or parts of sections would have been enacted by the residents of the City of Dayton without and irrespective of any unconstitutional or otherwise invalid section, division, paragraph, sentence, clause, or word being incorporated into this chapter.

Section 2. That the proposed levy shall be submitted by ballot to the electors of the City of Dayton at an election to be held at the usual places of voting at the next regularly scheduled election, and, if the proposed Ordinance is approved by a majority of the electors voting thereon, then it shall become effective as of the date of the certification of the abstract of said election and adoption by the Secretary of State and the Board of Elections, as provided by law.

Section 3. That the Clerk of the Commission be, and hereby is, authorized and directed to certify a copy of this Ordinance to the Board of Elections of Montgomery County, Ohio, immediately upon its passage, and to give notice of such proposed Ordinance by newspaper advertising in accordance with the provisions of §731.21(A) of the Ohio Revised Code.

Section 4. The purpose of the levy is to put to voters an additional property tax rate of one (1.00) mill of the current real estate tax duplicate valuation, including land, buildings, and improvements, as assessed by the Montgomery County Auditor commencing January 1, 2026, and continuing for ten (10) years, which amounts to Thirty Five Dollars and Zero Cents ($35.00) for each One Hundred Thousand Dollars and Zero Cents ($100,000.00) of the County Auditor’s appraised value.

Section 5. That the Board of Elections of Montgomery County be, and it hereby is, directed to conduct the election as specified in Section 2 of this Resolution.

Section 6. That the ballot for said levy specified in Section 2 shall be substantially in the following form described by §5705.25 of the Ohio Revised Code:

A property tax levy proposed through initiative petition by residents of the City of Dayton for the purpose of building and operating a public hospital, at a rate not to exceed 1 mills for each $2.86 of appraised value, which amounts to Thirty Five Dollars and Zero Cents ($35.00) for each One Hundred Thousand Dollars and Zero Cents ($100,000.00) of the county auditor’s appraised value, for ten (10) years, commencing in 2026, first due in calendar year 2027.

- For the Levy

- Against the Levy

Section 7. That for the reasons stated in the preamble hereof, this Ordinance is declared to be an emergency measure and shall take effect immediately upon its passage.