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I've recently been party to an interesting discussion regarding resolutions and ordinances.

Our local council has passed a Complete Streets Policy in the form of a resolution, which instructs the city government (Mayor-Council Form) to do certain things during the operation of its Public Works department.

As these requests are somewhat onerous, the City has advanced the idea that this Policy, passed as a resolution rather than an ordinance, is nonbinding, and the city may ignore it if they wish.

Is this true? Can the city ignore the Council's policy because it was passed as a resolution?

Online resources are split on whether resolutions are binding, and I don't know who's right.

Can you help me?

ohwilleke
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bracec
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2 Answers2

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From the website of Vandalia, Ohio:

An ordinance generally prescribes a permanent rule for the conducting of Vandalia government. An ordinance is introduced in writing and is given two separate readings.
...
A resolution is Council legislation of a special or temporary nature. It is also introduced in writing, but unlike ordinances, only requires one reading. An affirmative vote of at least four members of Council is necessary for the final passage of a resolution. Resolutions take effect immediately and a legislative summary of the resolution is posted in various locations within the City and on the City’s website.

From Grandview Heights, Ohio:

A resolution expresses the desires of City Council on a particular topic. An ordinance creates a law and/or authorizes a specific action to be taken. Resolutions can be acted upon in one reading, although many resolutions are read more frequently.

Since a resolution just "expresses the desires", it may not be binding. Ordinances are permanent laws of the city, so they're binding.

Barmar
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Policy statements are unenforceable. That doesn't mean they can be "ignored". There is a wide band of obligations in commercial, personal, and political relationships, between "binding" and "ignored".

david
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