City of Kettering v. State Employment Relations Board

The majority’s position today is in derogation of the Ohio Constitution and well-established legal doctrine by this court. For the reasons to follow, I am compelled to dissent.

Section 3, Article XVIII of the Ohio Constitution empowers municipalities “[t]o exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws.” When this home-rule provision was adopted by amendment to the Ohio Constitution, this court found that “the people of the municipality are given power…