Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 OFss9 - AL IN THE COURT OF COMMON PLEAS. FRANKLIN COUNTY, OHIO CITY OF COLUMBUS, 90 West Broad Street Columbus, Ohio 43215, Plaintiff, vs Case No. STATE OF OHIO, 30 East Broad Street, 17" Floor Judge Columbus, Ohio 43215, SERVE ALS Defendant, O: Attorney General Dave Yost 30 East Broad Street, 17" Floor Columbus, Ohio 43215 Now comes Plaintiff, 1 COMPLAINT of Columbus, and for its complaint, states the following: The City of Columbus is a municipal corporation located in Franklin County, Ohio, serving as both the county seat and the capital of the State of Ohio. The City of Columbus is the largest municipal corporation in the State of Ohio, home to over 905,000 people. The City of Columbus has a constitutionally protected right to home rule, Ohio Const. Art. XVII The governing document of the City of Columbus is its charter. Nondiscrimination is one of the highest values espoused by the City of Columbus,oFss9 - a2 Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 6. The City’s Charter provides that “[n]o officer, employee, or agent of the city shall deny equal access to city services, or equal opportunity in employment and promotion, or the benefits thereof, to any person on the basis of race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national orig age, disal ility, family or military status, or any other status that is protected by federal, state, or local law or ordinance.” Section 238. 7. The City’s Charter provides that all powers and duties conceming public health, “shall be invested in the board of health, which shall be composed of five members ....” Columbus. City Charter, Section 125. 8. Further, “[s]ubject to the provisions of this charter the board of health shall have all the powers and perform all the duties provided by the general law to be exercised by boards of health, and shall have the power to provide such further means and agencies as they may deem necessary and proper to protect, preserve, and safeguard the public health.” Columbus City Charter, Section 127. 9. The Columbu: Charter also guarantees that all residents of the City of Columbus shall enjoy equal access to city services and it further prohibits any discrimination. Columbus City Charter Section, Section 238. 10, Specifically, the Charter provides that “[n]o officer, employee, or agent of the city shall deny equal access to city services, or equal opportunity in employment and promotion , or the benefits thereof, to any person on the basis of race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, disability, family or military status, or any other status that is protected by federal, state, or local law or ordinance.” Id.OFss9 - a3 Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 11. City code provides for a Health Commissioner to “promulgate any and all rules and regula ns necessary to ensure the public health, safety and welfare. These rules shall include the Columbus City Health Code (CCHC) ... and all other rules and regulations ioner and the Columbus board promulgated through the powers vested in a health commi of health and as designated by the Columbus City Charter.” Columbus City Code Section 135.01 12, The Defendant, State of Ohio, is a State with its principle place of business located in Franklin County, Ohio. 13, The State of Ohio is governed by the Ohio Constitution, adopted in 1851 and amended numerous es, including in 1912. 14, This Court has jurisdiction to hear this case under Art IV See 4 of the Ohio Constitution and RC Chapter 2723. 15, Venue is appropriate in Franklin County as it is the principle place of residence of the plaintiff, the defendant, and the actions that lead to the Complaint. 16, The State of Ohio has created a state Department of Public Health, ORC Chapter 3701 17, The Ohio Constitution, as well the Revised Code, allow the creation of municipal departments of public health. Ohio Const. Art. XVIII, ORC Chapters 3707, 3709. 18, As noted above, the City of Columbus has created a Board of Public Health and invested it with all powers and duties concerning issues of public health. Columbus City Charter Section 125 19. The Charter also affirmatively grants the Columbus Board of Public Health all powers and duties granted by the general laws of the State of Ohio as well as any other power it deemsorss9 - Ad Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 necessary and proper to protect, preserve, and safeguard public health in the City of Columbus. Columbus City Charter Section 127, 20, Pursuant to the City’s Charter granting the Columbus Department of Public Health all powers and duties as prescribed by the general laws, the Department has created and participates in numerous public health programs. 21. For example, the Columbus Department of Public Health conducts a Women’s Health and Wellness Center. ity nv. columbus. gov/publichealshvpre Family-Planning 22. This Center provide, among other things, birth control and reproductive life planning for all genders, contraceptive education, all birth control methods including emergency contraception, and pregnancy tests 23, The Revised Code provides one of the programs established by the Ohio Department of Health is family planning services. 24, Pursuant to its statutory obligations for family planning services, the Ohio Department of Health has established a priority for awarding federal funds it receives under the “Maternal and Child Health Block Grant,” Title V of the Social Security Act, as well as Title X of the “Public Service Health Act.” RC 3701.033(A). 25, The highest priority for funding is a public entity operated by either the State or local government that provides family planning services. RC 3701.033(B)(1). 26. The Columbus Department of Health is such an entity and receives funding for these services from the Ohio Department of Health. 27. The Ohio Department of Health also provides grants for women’s health services from funds provided by the General Assembly. RC 3701.046.OF889 - AS Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 28. The follo 1g are services included in this funding: (a) pelvic examinations and laboratory testing; (b) breast examination and information on breast cancer; (c) screenings for cervical cancer, (d) screening and treatment for sexually transmitted diseases; (e) HIV screening: (B contraception; (g) patient education and pre-pregnancy counselling on the dangers of smoking, alcohol, and drug use during pregnancy; (h) education on sexual coercion and violence in relationships; (i) prenatal care or referrals for prenatal care. RC 3701.046 29, The Columbus Department of Public Health provides these various services, 30. The Columbus Department of Public Health provides some of these services through a grant it receives from the Ohio Department of Health, 31. In order to be eligible for such a grant, the Columbus Department of Health must provide assurances to the Director of the Ohio Department of Health that it will not diseriminate in the provision of these services “based on an individual's religion, race, national origin, handicapping condition, age, sex, number of pregnancies, or marital status.” RC 3701.046(A). 32. Furthermore, the Ohio Department of Health, in awarding these grants to local health departments, is specifically instructed to give priority to local health departments that provide these women’s health services using their own personnel. RC 3701.046. 33. The Columbus Department of Public Health uses its own employees in providing many of these services. 34, The Revised Code also provides that “[tJo the extent appropriations made by the general assembly make this possible, the director of health shall provide ... the means of immunization against chicken pox to boards of health, legislative authorities of municipal corporations, and boards of township trustees.” RC 3701.134,OF889 - AG Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 35, The Columbus Department of Public Health provides vaccinations against chicken pox as a part of its overall immunization program ublichealth btipsy/www columbus gow's 36. The Columbus Department of Public Health receives some of the funding it uses for this program from the Ohio Department of Public Health, 37. The Revised Code provides that city health commissioners have an affirmative obligation to investigate every case of inflammation of the eyes of each newborn or cases of gonortheal ophthalmia filed with them or of which they become aware. RC 3701.53(A). 38, The Revised Code also provides that city health commissioners have an affirmative obligation to report every case of inflamm: n of the eyes of each newbom or cases of gonortheal ophthalmia and the results of such investigations as directed by the State Department of Health. RC 3701.53(B). 39. As a result of these statutory provisions, the Columbus Department of Public Health has an affirmative obligation to investigate and report cases of newborns who suffer from inflammation of the eyes or gonorrheal ophthalmia. 40, The Revised Code provides that a municipal board of health can “take measures, supply agents, and afford inducements and facilities for gratuitous vaccination, or may make reasonable charges for such vaccination.” RC 3707.27. 41. The Columbus Board of Health provides vaccines to both children and adults 42. As part of the City’s drive to immunize children, it provides routine vaccinations against Hepatitis A and B; Tetanus, Diphtheria, and Whooping Cough; Polio, Pneumonia; Influenza B; Rotavirus; Meningitis; Measles, Mumps and Rubella; Chicken Pox; Human Papilloma Virus; seasonal flu, and COVID 19.OF889 - AT Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 43. The Columbus Department of Public Health provides the routine vaccinations to uninsured or underinsured children at no cost. hnips:f/www.columbus gov/pu snis/Iuanization-Pro: 44, The Columbus Department of Public Health charges those with the means for these immunizations 48, It also accepts insurance from clients who have insurance, including plans that were purchased under the Affordable C: re Act on the Federal Exchange in addition to Medicare and Medicaid, 46. In addition to providing routine vaccinations for children, the Columbus Department of Public Health provides routine vaccinations for adults, brips./Avww.columby ichealth/pro 47, Just as with vaccines for children, the Department of Public Health provides all routine vaccinations to adults who have no insurance, or meet other requirements, free of charge 48, The Revised Code provides that a municipal department of public health may, if it so chooses, set up a bloodborne infectious disease prevention program to combat HIV as well as Hepatitis B and C. RC 3707.57. 49. The Columbus Department of Health offers programs dealing with HIV, Hepatitis B and Hepatitis COFss9 - as Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 50, Finally, pursuant to Revised Code 3709.24, a municipal department of public health may elect to provide free treatment for cases of gonorrhea, syphilis, and chancroid 51, The Columbus Department of Public Health has elected to provide such services. 52. In addition to services provided through the Columbus Department of Public Health, the City of Columbus also has an Emergency Medical Services Bureau located inside the Division of Fire as a part of the Department of Public Safety. 53. Emergency Medical Services (“EMS”) is staffed by, among others, paramedics and emergency medical technicians. 54, EMS provides emergency medical care and life saving treatments as well as transportation to hospitals and trauma centers 55. The City of Columbus bills Medicare, Medicaid, and private insurance for services performed, including transportation services. 56, In fact, some of the services the City of Columbus provides through the Department of Public Health and the Department of Public Safety are reimbursed either in whole or in part, through grants or payments from Medicare, Medicaid, insurance obtained on the federal exchange under the Affordable Care Act, or private insurance. 57. As part of its benefits package, the City of Columbus offers medical insurance to its full time and part time employees. 58. This benefit is available to both individuals who are covered under the City’s six different collective bargaining units as well as the non-bargaining unit employees covered under the City’s management compensation plan 59, Buried in HB 110, the 2,436 page biennial budget, was a new statute, RC 4743. 10. 60. This addition to the Revised Code is commonly referred to as a Conscience Clause.OF889 - ag Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 61, That new law defines a health care service as “medical care provided to any patient at any time over the entire course of the patient's treatment and may include one or more of the following: testing; diagnosis; referral; dispensing or administering a drug, medication, or device; psychological therapy or counseling; research; prognosis; therapy; record making, procedures and notes related to treatment; preparation for or performance of a surgery or procedure; or any other care or services performed or provided by any medical practitioner.” RC 4743.10(A)(1). 62. It also defines a medical practitioner as “any person who facilitates or participates in the provision of health care services, including nursing, physician services, counseling and social work, psychological and psychiatric services, research services, surgical services, laboratory services, and the provision of pharmaceuticals and may include any of the following: any student or faculty at a medical, nursing, mental health, or counseling institu ion of higher education or an allied health professional, paraprofessional, or employee or contractor of a health care stitution.” RC 4743.10(A)(2) 63. In a rather circular way, it also defines participation in a health care service as “to provide, perform, assist with, facilitate, refer for, counsel for, advise with regard to, admit for the purposes of providing, or take part in any way in providing, any health care service.” RC 4743.10(A)(3). 64, It does not define in any way what constitutes a health care payer. 65, Claiming to supersede any other provision of the Revised Code, under this new law, * a medical practitioner, health care institution, or health care payer has the freedom to decline to perform, participate in, or pay for any health care service which violates the practitioner's, institution's, or payer's conscience as informed by the moral, ethical, orOF889 - Al Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 religious beliefs or principles held by the practitioner, institution, or payer. Exercise of the right of conscience is limited to conscience-based objections to a particular health care service.” RC 4743.10(B). 66. This law also proposes to dictate the manner in which health care treatments are provided in any case in which any “medical practitioner” objects to “a requested course of treatment includes a particular health care service that conflicts with the moral, ethical, or religious beliefs or convictions of a medical practitioner, the medical practitioner shall be excused from participating in the particular health care service to which the practitioner has a conflict.” RC 4743.10(C). 67. Once any medical practitioner determines that a course of treatment conflicts with his conscience, “the medical practitioner shall notify the practitioner's supervisor, if ice applicable, and request to be excused from participating in the particular health care sei that conflicts with the practitioner's beliefs or convictions.” Jd. 68. If it is both possible and the offended medical provider is actually willing, “the medical practitioner shall seek to transfer the patient to a colleague who will provide the requested health care service.” Jd. 69. The Code also claims to waive all criminal, civil, or administrative liability of the medical provider, health care institution, or the health care payer who refuses to participate in or pay for any health care service for reason of conscience. RC 4743.10(D). 70, It also states that a “medical practitioner, health care institution, or health care payer shall not be discriminated against or suffer any other adverse action as a result of declining to participate in or pay for a particular health care service on the basis of conscience.” Id. 10OF889 - Al. Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 71. As relates to medical emergencies, this new law provides that it “shall not be construed to override the requirement to provide emergency medical treatment to all patients as set forth in 42 U.S.C. § 1395dd.” RC 4743,10(G). 72. Finally, the statute provides that as far as a health care payer refusing to pay for treatment, “the payer's right to decline applies only to payments and health care services for which a contract has been entered into between the payer and policyholder on or after the effective date of this section.” RC 4743.10(H), FIRST CAUSE OF ACTION VIOLATION OF THE SINGLE SUBJECT RULE 73. The Plaintiff restates and reincorporates by reference each and every allegation contained in Paragraphs 1-72 as if restated herein, 74, Article II Section 15(D) of the Ohio Constitution provides that “[n}o bill shall contain more than one subject, which shall be clearly expressed in its ttle 75, The purpose of this Constitutional provision is to prohibit logrolling, 76, The budget bill, HB 110, was originally introduced in the Ohio House and it did not contain the conscience clause provisions, RC 4743.10. bepsi/iseareh: prod.lis state oh.us/solarapi/vI/general_assembly_134/billa/hb L1O/IN/OO/hb110_00_IN2F ommat=pdf 77. In fact, the bill passed the Ohio House without having any conscience clause additions to the Revised Code. rapi/vl/general_ assembly 134/bil HV03/bb110_03_ PH? uOF889 - Al: Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 78, It was only after the Senate Finance Committee passed its version of HB 110 that the committee added an amendment to the bill to include new RC 4743.10, the conscience clause. hups://search- prod | miat=pdf 79. Although the Senate passed HB 110 with RC 4743.10, the conscience clause, the Ohio House refused to concur with that amendment. hnips./www legislature ohio gov/tegislation/legislation-staius?id-GA134-HB-110 80, With just two days left before the deadline to pass a new budget, a conference committee agreed to keeping RC 4743.10, the conscience clause, in HB 110. fittps://seare piv Vgeneral_ assembly 134/bills prndlis state oh us/solaray LOKCR format=pdf 81, The inclusion of RC 4743.10 in HB 110 violates the Single Subject Rule as mandated by Article IT Sec. 15(D) of the Ohio Constitution. SECOND CAUSE OF ACTION VIOLATION OF HOME RULE 82. The Plaintiff restates and reincorporates by reference each and every allegation contained in Paragraphs | through 81 as if restated herein, 83. Article XVIII of the Ohio Constitution grants municipalities the power of home rule. 84, Article XVIII Sec 3 of the Constitution provides that “[m]unicipalities shall have authority to 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.” 12OF889 - Al. Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 85. By mandating that a municipal government cannot be reimbursed for any health care service it provides that a health care payer deems to violate its conscience violates Columbus’ constitutional right to home rule. THIRD CAUSE OF ACTION VIOLATION OF HOME RULE 86. The Plaintiff restates and reincorporates by reference each and every allegation contained in Paragraphs 1 through 85 of the Complaint as if restated herein 87. By prohibiting a municipality from exercising any control over the manner in which it requires its employees to interact with individuals seeking services from the City of lumbus, RC 4743.10 violates the Ci 's constitutional right to home rule FOURTH CAUSE OF ACTION VIOLATION OF HOME RULE 88. The Plaintiff restates and reincorporates by reference each and every allegation contained in Paragraphs | through 87 of the Complaint as if restated herein. 89. One of the most essential rights a municipality possesses through the Home Rule Amendments is the right to determine the compensation and benefits for its employees. 90. The City of Columbus has exercised its constitutional right to home rule by enacting a master compensation plans for its non-union employees. 91. These plans are the Fire Management Compensation Plan, Health Administrative Compensation Plan, Management Compensation Plan, and the Police Management Compensation Plan. 92, These plans include the ability of the employees to obtain coverage for both health insurance as well as prescription drugs 13OF889 - AL Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 93, Despite the fact that neither the health insurance policy nor the prescription drug coverage provided by the City of Columbus to employees contains any provision allowing insurance companies to deny coverage for a procedure or a drug that violates the insurance company’s conscience, RC 4743.10 inserts itself and gives an insurance company, or an insurance company’s employee, the right to deny coverage for any procedure or drug found to violate the company or its employee's conscience. 94, RC 4743.10 unconstitutionally infringes on the Plaintiff's right to home rule. FIFTH CAUSE OF ACTION VIOLATION OF HOME RULE 95, The Plaintiff restates and reincorporates by reference each and every allegation contained in Paragraphs | through 94 of the Complaint as if restated herein. 96. The City of Columbus is a “public employer” as that term is defined in RC 4117.01(B). 97, Pursuant to Chapter 4117 of the Revised Code, the City of Columbus has entered into collective bargaining agreements with six different “employee organizations” serving as the “exclusive representative” of their “public employees” as those terms are defined in RC 4117.01 98. A part of those collective bargaining agreements include coverage for health insurance and prescription drug coverage. 99, The Collective Bargaining Agreement between the City of Columbus and the American Federation of State, County, and Municipal Employees Ohio Council 8, Local 1632 runs from April 1, 2021 until March 31, 2024. 100, Pursuant to that agreement, the City has agreed to “continue to provide comprehensive major medical, dental, vision care, life insurance and prescription drug 14Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 OFss9 - AIS benefits for all full-time employees as are now in effect, with modifications as detailed below, for both the employee and family coverage.” Section 27.1 lol Article 27 of that Collective Bargaining Agreement details which health and drug coverages must be provided by the City. 102 It also details that an employee cannot be required to pay more than the various maximum deductible and out of pocket charges and that drugs must be covered at certain levels. 103. This Agreement also provides that “[tJhe parties agree to continue the joint labor- management insurance committee to provide a forum to discuss concems regarding insurance, The committee will meet when the Union or the City requests such a meeting During the term of this Contract, the City may establish another joint labor-management insurance committee and invi members of other bargaining units to participate. If other bargaining unit representatives agree to participate then union membership shall be in proportion to the size of the bargaining units participating. Upon the operation of the new committee, the current committee shall cease to exist. The number of City representatives on the committee shall never exceed the total number of Union representatives.” Section 14. 104 The City has also entered into a Collective Bargaining Agreement between itself and the American Federation of State, County, and Municipal Employees Local 2191 105 This contract runs from April 1, 2020 until March 31, 2023 106. Pursuant to this Agreement, the City must “continue to provide comprehensive major medical, dental, vision care, life insurance and prescription drug benefits for all full- 15Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 Orso - Ale time employees as are now in effect, with modifications as detailed below, for both the employee and family coverage.” Section 27.1 107. Article 27 of this Collective Bargaining Agreement details which health and drug coverages must be provided by the City. 108 It also details that an employee cannot be required to pay more than the various maximum deductibles and out of pocket charges and that drugs must be covered at certain levels 109. This Agreement also provides that “[t}he parties agree to continue the City-wide joint labor-management insurance committee to provide a forum to discuss concems regarding insurance. The committee will meet when the Union or the City requests such a meeting. The number of City representatives on the committee shall never exceed the total number of Union representatives.” Section 7-3. 110. The City has entered into a Collective Bargaining Agreement between itself and the Communication Workers of America, Local 4502 mM. This contract runs from April 24, 2020 until April 23, 2023 12. Pursuant to this Agreement, the City agrees that “[fJull-time employees and their eligible dependents shall become eligible for medical, prescription drug, vision, dental and life insurance benefits on the first of the month following their hire date.” Section 18-1 113 Article 18 of this Collective Bargaining Agreement details which health and drug coverages must be provided by the City 14. It also details that an employee cannot be required to pay more than the various deductibles and maximum out of pocket amounts provided in the Agreement 16Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 orss9 - Al? is Agreement also provides that “[tJhe parties agree that the Union will send es and participate in the Joint Labor-Management Insurance Committee. This, joint insurance committee will provide a forum to discuss concerns regarding insurance benefits. The comi ittee will meet at least quarterly. Union membership shall be in proportion to the size of the bargaining unit, The number 14 of City representatives on the committee shall never exceed the total number of Union representatives.” Section 6.2. 116. The City has entered into a Collective Bargaining Agreement with the Fraternal Order of Police, Capital City Lodge Number 9. 117. This Contract runs from December 9, 2020 until December 8, 2023. 118 Pursuant to this Agreement, the City “shall provide hospitalization, surgical, major medical, physician's services coverage and prescription drug coverage for eligible members....All current benefit levels shall be maintained with the exception of the modifications listed herein.” Section 35.1 119. Article 35 of this Collective Bargaining Agreement with health and drug coverages must be provided by the City. 120. It also details that an employee cannot be required to pay more than the various deductibles and maximum out of pocket amounts provided in this Agreement. 121 Article 13 of this Collective Bargaining Agreement provides for a Labor Relations Committee to explore various issues between the two signatories. 122. The City of Columbus has entered into a Collective Bargaining Agreement with the Fraternal Order of Police Ohio Labor Council. 123 This Contract runs from September 1, 2021 until September 1, 2024. 7Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 orss9 - als 124. Pursuant to this Agreement, “[tJhe City shall continue to provide comprehensive major medical, dental, prescription drug, life insurance, and vision care benefits for eligible employees as detailed in this contract for both the member and family coverage.” Section 241 125 It also details that an employee cannot be required to pay more than the various deductibles and maximum out of pocket amounts provided in this Agreement. 126. Section 10.1 of this Agreement provides that “To facilitate communication, the City and the O.L.C. agree that the O.L.C. Grievance Chairman and the Chief of Police or designee and/or Human Resources Officer or designee may meet quarterly for the purpose of discussing matters of mutual concern, if necessary. The City's Labor Relations Manager shall serve as moderator/facilitator of such meetings. Additional meetings may be held upon mutual agreement.” 127. Finally, the City of Columbus has entered into a Collective Bargaining Agreement with the Columbus Firefighters Union Local # 67 LAF. AF.L-C.LO. CLL 128 This Agreement is effective from November 1, 2020 until October 31, 2023 129. Pursuant to this Agreement, “[t]he City shall continue to provide all full-time employees with comprehensive major medical, prescription drug, vision care, dental care and life insurance. Employees shall become eligible for medical, prescription drug, vision, dental benefits, and life insurance benefits on the first of the month following their hire date.” Section 18.1 130. It also details that an employee cannot be required to pay more than the various deductibles and maximum out of pocket amounts provided in this Agreement. 18Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 ores9 - alg 131 As mentioned above, these agreements have all been negotiated and entered into pursuant to RC Chapter 4117. 132, Pursuant to RC Chapter 4117, these Agreements supersede any conflicting state law or municipal ordinance concerning the wages, hours, term and conditions of employment 133 That includes the obligation of the City to provide medical and drug coverage as detailed in the Agreements. 134. Thus, the City has used its constitutionally guaranteed Home Rule authority to provide medical insurance and drug coverage that will not be denied by a company or an employee of a company claiming such coverage violates conscience rights 135 RC 4743.10 claims that it supersedes all other provisions of the Revised Code. RC 4743.10). 136. By granting the ability of an insurance company, or one of its employees, to deny payment for any medical procedure or drug that the insurance company or employee believes violates its conscience, RC 4743.10 unconstitutionally circumvents the City’s Home Rule authority to enter into Collective Bargaining Agreements with its unions and to jointly determine what health care or drug coverages should be provided SIXTH CAUSE OF ACTION VIOLATION OF RC CHAPTER 4117 137, The Plaintiff restates and reincorporates by reference each and every allegation contained in Paragraphs 1 through 136 of the Complaint as if restated herein. 138 By attempting to grant exemptions from the Collective Bargaining Law that are not in Chapter 4117, RC 4743.10 violates the Plaintiff's rights as contained in Chapter 4117, 19oFss9 - agifenklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 SEVENTH CAUSE OF ACTION VIOLATION OF THE HOME RULE AMENDMENTS 139. ‘The Plaintiff restates and reincorporates by reference each and every allegation contained in Paragraphs 1 through 138 as if restated herein. 140. The City of Columbus has constitutionally exercised its Home Rule authority to create four separate pay structures for its exempt employees: Fire Management Compensation Plan, Health Administrative Compensation Plan, Management Compensation Plan, and the Police Management Compensation Plan 141 All four of these plans include, as a fringe benefit, health insurance and drug coverage 142 ‘The City has provided generous benefits to the individuals covered under these plans with very specific limits on the amount of money that each individual will have to pay out of pocket due to deductibles and out of pocket maximums. 143. These plans, as required by the City’s charter, do not discriminate and allow the City’s employees to obtain appropriate medical care and drug coverage as recommended by their physicians and others 144, RC 4743.10, however, purports to interfere with these relationships by granting the insurance companies, and their employees, the ability to reject any claim for any medical service that either the insurance company or its employees believe violate their conscience. 145 The City’s employees would not and could not know in advance what types of claims might be denied 146. For example, some religions teach that itis immoral to use birth control 20Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 orss9 - AZT 147, Others teach it is immoral to use any products derived from blood or to use a blood transfusion. 148 Others find it immoral to use any animal products or to test products on animals 149, ‘There are other religi ns that find the use of stem cell technology to be anathema 150. Some religions also teach it impermissible to use any vaccine that is manufactured or tested on aborted fetal cells 151 RC 4743.10 allows an insurance company, or its employees, to impose personal morals and religious viewpoints on the City’s employees covered under the various exempt compensation plans by rejecting any claim for any procedure or medicine the insurance ines violates its conscience. company or its employee detern 192 Despite the decision of the City to offer its employees comprehensive health insurance and drug coverage, RC 4743.10 unconstitutionally interferes with the y's Home Rule authority by granting an insurance company and its employees the ability to reject payments simply because such procedures or drugs violate the conscience of the insurance company or the company’s employees even though its contract with the C does not allow such a rejection. 153 Asa result, RC 4743.10 in an unconstitutional infiingement on the City’s home rule authority EIGHTH CAUSE OF ACTION VIOLATION OF THE HOME RULE AMENDMENTS 154. ‘The Plaintiff restates and reincorporates by reference each and every allegation contained in Paragraphs 1 through 153 of the Complaint as if restated herein 21Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 ores9 - azz 155 The City of Columbus has exercised its constitutionally protected Home Rule Authority to enter into collective bargaining agreements with its various unions. 156. A part of those collective bargaining agreements include the ability to discipline employees for just cause 157. The exclusive bargaining representative has a right to challenge certain disciplinary actions taken against their members by filing grievances. 158 Those grievances are subject to final and binding arbitration. 159. Some bargaining unit employees at the Columbus Department of Public Health and the Columbus Department of Fire are “medical practitioners” as that term is defined in RC 4743.10(A)Q2). 160. ‘Those “medical practitioners” provide “heath care services” as that term is defined in RC 4743.10(A)(1). 161 If those employees refuse to provide basic medical care, the City, under its collective bargaining agreements, has the ability to either discipline or reassign those personnel 162 RC 4743.10, however, prohibits the City from either disciplining or even transferring an employee who refuses to provide “health care services” that violate the employee's conscience. 163 For example, the City must retain an employee in its Women’s Health and Wellness Center who refuses to prescribe or provide counselling on the use of hormone based birth control due to that employee's belief that such birth control violates the employee's conscience and as a result, refuses to participate in any way in providing that service 22Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 orss9 - aA23 164 Either disciplining or transferring that employee would be considered a violation of RC 4743.10. 165 Likewise, an employee who refuses to administer vaccines due to a belief that the ined or transferred to vaccine violates the employee's conscience could not be disci another area of the agency 166. In fact, RC 4743.10 is so vaguely written, it could conceivably be used to prohibit any action taken against a police officer who refuses to provide Narcan to a person who is suffering from an opioid overdose due to that officer's conscience. 167. These prohibitions against the City from exercising its management rights under its lective Bargaining Agreements unconstitutionally violate the City’s Home Rule authority. NINTH CAUSE OF ACTION VIOLATION OF RC 4117 168. The Plaintiff restates and reincorporates by reference each and every allegation contained in Paragraphs 1 through 167 of the Complaint as if fully stated herein. 169. Chapter 4117 of the Revised Code mandates that “[a]ll matters pertaining to wages, hours, or terms and other conditions of employment and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement are subject to collective bargaining between the public employer and the exclusive representative, except as otherwise specified in this section and division (B) of section 417,03 of the Revised Code.” RC 4117.08(A), 170. Further, a public employer retains the right to discipline or terminate a public employee for just cause, RC 4117.08(CXS), 23Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 orss9 - a24 171 Pursuant to the collective bargaining agreements entered into between the City and its various unions, the exclusive bargaining representative many take various types of discipline or termination to binding arbitration. 172. Pursuant to Ohio law, “[i]f the agreement provides for a final and binding arbitration of grievances, public employers, employees, and employee organizations are subject solely to that grievance procedure and the state personnel board of review or civil service commissions have no jurisdiction to receive and determine any appeals relating to matters that were the subject of a final and binding grievance procedure.” RC 4117-10(A). 173, Despite the prohibition contained in the State’s Collective Bargaining Law, RC 4743.10 purports to interfere with these provisions by prohibiting the City from exercising its management rights to discipline or transfer employees, 174, RC 4743.10 violates the express provisions of RC apter 4117 TENTH CAUSE OF ACTION VIOLATION OF THE HOME RULE AMENDMENTS 175 The Plaintiff restates and reincorporates by reference each and every allegation contained in Paragraphs | through 174 of the Complaint as if fully restated herein. 176. ‘The City of Columbus has a constitutionally protected Home Rule right to manage its exempt employees in the manner in which it sees fit. 177. As noted above, the City, as a fundamental principle of its government, believes in equality and nondiscrimination in providing city services. 178 In order to promote the notions of equality and non-discrimination in the provision of city services, itis important for the City to be able to manage its employees so that those 24Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 OF8s9 - A25 employees do not discriminate against the citizens or residents of the City or any other indi iual who seeks services from the City of Columbus. 179. By purporting to prohibit the City of Columbus from disciplining or transferring an employee who refuses to provide certain treatments or services to an individual seeking help from the City, RC 4743.10 violates the City’s Home Rule authority to maintain and supervise its own workforce ELEVENTH CAUSE OF ACTION VIOLATION OF HOME RULE 180. The Plaintiff restates and reincorporates by reference each and every allegation contained in Paragraphs 1 through 179 of the Complaint as if fully rewritten herein. 181 As an employer, the City of Columbus has exercised its Home Rule authority to determine the appropriate level of health care insurance and drug coverage it should offer in order to make itself most competitive in the job market. 182. The City has decided to offer a highly competitive program that provides extensive coverage with low premium for the employee while also providing only a minimal amount of out of pocket expenses 183. RC 4743.10 unconstitutionally interferes with the City’s right to offer benefits to its employees by allowing the City’s insurance company, or the insurance company’s employees, to reject any claim simply because that product or service violates the conscience of the insurance company or its employees. 184, For example, the City believes that itis important for its employees to have a health insurance policy that will cover blood transfusions and blood products, vaccines, or reproductive health including contraceptives 25_agfanklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 185 The City’s home rule authority over its own workforce cannot be circumvented by allowing an insurance company or an insurance company’s employee to simply reject coverage because they have a conscientious disagreement over the particular product or service 186. In addition, RC 4743.10 prohibits the City of Columbus from switching health insurance or drug insurance companies in such a circumstance. 187. RC 4743.10(D) provides that a health care payer “shall not be discriminated against or suffer any other adverse action as a result of declining to participate in or pay for a particular health care service on the basis of conscience.” 188 Thus, if the City’s health insurance company chooses to deny treatments that are proper and covered under the terms of their policy simply because such treatments violate the company’ or the company’s employee’s conscience, the City is barred from swit hing coverage to a company that would provide such treatments, 189. Such actions are a violation of the City’s home rule authority. ‘TWELFTH CAUSE OF ACTION VIOLATION OF ARTICLE I SECTION 7 OF THE OHIO CONSTITUTION 190. ‘The Plaintiff restates and reincorporates by reference each and every allegation contained in Paragraphs 1 through 189 of the Complaint as if fully restated herein 191 Article I Section 7 of the Ohio Constitution provides. “All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own con! ‘ence. No person shall be compelled to attend, erect, or support any place of worship, or maintain any form of worship, against his consent; and no preference shall be given, by law, to any religious society, nor shall any interference with the rights of conscience be 26oFss9 - ‘agifanklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 permitted. No religious test shall be required, as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the general assembly to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.” 192. Asa public employer who is bound by the concepts of just cause and due process, itis important that the City treat all employees the same 193 This means that the City must discipline the same infraction consistently when that infraction is committed by an employee. 194. For example, if an employee who works at the Department of Public Health or the Division of Fire were to refuse to provide necessary treatment simply because the employee did not feel like providing that treatment, the City could discipline that employee. 195, If, however, an employee who works at the Department of Public Health or the Division of Fire were to refuse to provide necessary treatment because that employee claims the treatment violates her conscience, RC 4743.10 prohil ts the City from being able to discipline the employee. 196, ‘The City is placed in a position where it is forced to favor a person’s religious or moral views and cannot treat equally situated individuals the same 197 By forcing the City to favor an employee who has a conscience objection over an employee who does not, RC 4743.10 violates Art, I Sec 7 of the Ohio Constitution. 27oFss9 - -agifenklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 THIRTEENTH CAUSE OF ACTION VIOLATION OF ARTICLE I ECTION 7 OF THE OHIO CONSTITUTION 198, ‘The Plaintiff restates and reincorporates by reference each and every allegation contained in Paragraphs 1 through 197 of the Complaint as if restated herein. 199. The City holds the view that procedures or drugs that are medically necessary, should be provided by its health insurance provider to employees of the City subject only to the deductible and maximum out of pocket payments, 200, ‘The City further holds the view that were an insurance company refuse to provide coverage for treatments such as blood transfusions, birth control, vasectomies, vaccinations, or other treatments, such a decision by the insurance company would require the City to obtain different health and drug coverage for its employees when those denials are 201. RC 4743.10, however, prohibits such action by the based upon the religious, moral, or conscience of the insurance company or its employees 202. By prohibiting the City from taking action, RC 4743.10 violates the rights guaranteed by Article I Section 7 of the Ohio Constitution since it forces the City to align itself with beliefs that it does not hold. FOURTEENTH CAUSE OF ACTION VIOLATION OF ARTICLE I SECTION 7 OF THE OHIO CONSTITUTION 203 ‘The Plaintiff restates and reincorporates by reference each and every allegation contained in Paragraphs | through 202 of the Complaint as if fully restated herein. 204, City employees who have their health insurance and drug coverage provided as a benefit expect that their insurance bills will be handled fairly by their insurance companies, 28oFss9 - _agigenklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 205. ‘A part of this expectation includes the reasonable belief that so long as a procedure or drug is medically appropriate it will be covered by the employee’s insurance subject to the regular deductibles, co-pays, and other out of pocket expenses. 206. Employees who have their otherwise eligible claims for medical procedures or drugs declined due to an insurance company or its employees’ personal belief system have suffered an unconstitutional deprivation of their rights as guaranteed by Article I Section 7 of the Ohio Constitution, 207 Asa result, RC 4743.10 violates the constitutional rights of the City’s employees, FIFTEENTH CAUSE OF ACTION VIOLATION OF THE SUPREMACY CLAUSE, 208, ‘The Plaintiff restates and reincorporates by reference each and every allegation contained in Paragraphs 1 through 207 of the Complaint as if fully restated herein. 209, ‘As a health care provider that accepts insurance policies issued under the Affordable Care Act’s federal marketplace, the City is bound by the non-discrimination requirements contained in federal law. 210. Furthermore, as a recipient of federal grants, the Columbus Department of Public Health is required to provide care to its patients without engaging in discrimination. 211 Allowing practitioners at the Department of Public Health to refuse to provide certain treatments or drugs based on the alleged conscience of the provider violates federal law, 212. Because RC 4743.10 mandates behavior that violates federal law, RC 4743.10 is unconstitutional under Article VI Paragraph 2 of the United States Constitution 29OFss9 - Az Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 SIXTEENTH CAUSE OF ACTION VIOLATION OF THE SUPREMACY CLAUSE 213. ‘The Plaintiff restates and reincorporates by reference each and every allegation contained in Paragraphs 1 through 212 of the Complaint as if fully restated herein. 214 The health insurance and drug coverages the City of Columbus provides to its employees must follow the dictates of federal law. 215. Federal law mandates that non-discrimination in coverage. 216 Federal law also mandates that prescription birth control be provided at no out of pocket cost to the insured. 217. RC 4743.10 allows an insurance company or any of its employees to reject payment for any medical good, service, or drug over the use of which the company of its employees believe violate their conscience. 218 By giving a health insurance company or its employees the right to reject coverage for birth control devices or medications, RC 4743.10 attempts to prohibit coverage that is required by federal law. 219. RC 4743.10 violates Article VI Paragraph 2 of the United States Constitution, WHEREFORE, the Plaintiff respectfully requests the Court issue the following relief, A. A declaration that RC 4743.10 violates the United States and Ohio Constitutions, B. A declaration that RC 4743.10 violates RC Chapter 4117; C. A permanent injunction against RC 4743.10, D. Attorneys’ Fees and Costs. E. Any other relief the Court deems just and appropriate, 30OF889 - a3: April 20, 2022 Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Apr 20 9:52 AM-22CV002585 Respectfully submitted, Richard N. Coglianese (0066830) Adam Friedman (0087701) Assistant City Attomeys City of Columbus, Department of Law Zach Klein, City Attorney TT N. Front Street Columbus, Ohio 43215 (614) 645-7385 (614) 645-6949 Fax meoglianese@columbus.zov asfriedman@columbus gov Attorneys for City of Columbus