The Cincinnati City Council on Tuesday, Oct. 27, adopted an ordinance prohibiting campaign contributions from people and companies with certain development business pending before council, according to a summary of the action published by JD Supra from the law firm Wiley Rein. The ban takes effect only after the city appropriates funding and creates a structure to implement and enforce it.
Under the ordinance, as summarized by JD Supra, the prohibition covers entities seeking council approval for development incentives of $100,000 or more, including loans and tax incentives. It also covers parties involved in the sale of city property valued at $200,000 or more, and those seeking zoning changes.
The restriction does not stop at the applicant itself. According to the JD Supra summary, the ban extends to the directors and officers of corporate entities covered by the ordinance — and to their spouses as well.
The prohibition is not permanent for any covered party. It applies only while the ordinance authorizing the council action they are seeking is pending in front of council, the summary says — a window tied to the decision itself, rather than a lasting ban on contributing.
What the council adopted Tuesday is therefore a rule with a delayed start. The ordinance’s effective date was put off until the city appropriates the funding and establishes the structure needed to implement and enforce the contribution prohibition, according to JD Supra’s summary of the council’s action.
Rules of this kind are aimed at the appearance of pay-to-play in local development decisions, where applicants for tax incentives, city land and zoning relief are also potential donors to the officials voting on their requests. Cincinnati’s version ties the ban to the value of what is being sought — six-figure incentives and property sales — rather than to every routine matter before council.
City officials have not yet announced a timetable for the funding and enforcement structure that would switch the prohibition on. Until that happens, the ordinance is adopted council policy but not yet an enforceable restriction on contributors with business before the city.
Photo: w_lemay, CC BY-SA 2.0