OHIO MILITARY RESERVE HOMELAND SECURITY STUDY COMMISSION :: Ohio Military Reserve Association

OHIO MILITARY RESERVE HOMELAND SECURITY STUDY COMMISSION
Posted by: ohmra on Monday, December 19, 2005 - 12:00 AM
OHIO GENERAL ASSEMBLY, 126th SESSION
OHIO MILITARY RESERVE HOMELAND SECURITY STUDY COMMISSION

Report to the General Assembly
December 14, 2005

To the Ohio General Assembly:

The Ohio Military Reserve (OHMR) Homeland Security Study Commission was created by Amended Substitute House Bill 66, Ohio’s biennial operating budget for Fiscal Years 2006 and 2007. The Commission was tasked to “… evaluate the role and effectiveness of the Ohio Military Reserve.”

The Ohio Military Reserve is one of three components of the “organized militia” of Ohio, which also includes the Ohio National Guard and the Ohio Naval Militia. All three components are under the command of The Adjutant General of Ohio, who is the head of the Adjutant General’s Department and who is appointed by the Governor of Ohio. According to state and federal law, the OHMR and the Naval Militia are known as “state defense forces.” The Commission’s enabling language from Am. Sub. H.B. 66 states:

SECTION 560.03. There is hereby created the Ohio Military Reserve Homeland Security Study Commission to evaluate the role and effectiveness of the Ohio Military Reserve. The Commission shall consist of seven members: the Chairperson of the House Commerce and Labor Committee, who shall serve as chairperson of the Commission, two members of the House of Representatives whom the Speaker of the House of Representatives shall appoint, two members of the Senate whom the President of the Senate shall appoint, the Adjutant General or a representative the Adjutant General designates, and the Director of Public Safety or a representative the Director designates. The chairperson shall call the meetings of the Commission. The Commission shall report its findings to the General Assembly before January 1, 2006.

The Commission consisted of the following seven members:

Chairman: Representative Tim Schaffer, serving due to his role as Chairman of the House Commerce and Labor Committee;
Representative Danny Bubp (Appointed by the Speaker of the House);
Representative John Boccieri (Appointed by the Speaker of the House);
Senator Tim Grendell (Appointed by the President of the Senate);
Senator Teresa Fedor (Appointed by the President of the Senate);
Director Kenneth Morckel, Ohio Department of Public Safety;
Major General Gregory L. Wayt, Adjutant General of the State of Ohio.

The Commission held six public hearings from October to December of 2005 and heard testimony from a wide variety of interested parties, including members of the Ohio Military Reserve, the Ohio Army National Guard, the Ohio Air National Guard, academics, researchers in the field of homeland defense/security, members of the Ohio Military Reserve Association, state government officials, experts in law enforcement and citizen volunteers. The Commission’s hearings were held on the following dates:

October 12, 2005
October 19, 2005
November 2, 2005
November 16, 2005
November 30, 2005
December 14, 2005

Minutes of the hearings and agendas are attached to this report in the Appendix.

The following individuals testified:

Major General Wayt, Ohio’s Adjutant General;
Major General (OH) Charles E. Hollar, Commanding General, OHMR;
Director Morckel, Department of Public Safety;
MAJ (OH) Sam Cicchino, President of the OHMR Association;
MAJ (OH) Michael R. Moran, Attorney at Law, Adjunct Professor, Capital University Law School & Keller Graduate School of Management of DeVry University;
COL John Brinkerhoff (U.S. Army, Ret.), Senior Homeland Security Fellow, US Freedom Foundation & Institute for Defense Analyses;
Kitty Burcsu, Executive Director, Ohio Community Service Council;
CPT (OH) Michael Lanzillotta, Attorney at Law, Vice President, OHMR Association;
Nancy Dragani, Executive Director, Ohio Emergency Management Agency, ODPS;
Tamara S. Little, Esq., Assistant Attorney General, Counsel to the Ohio EMA/ODPS;
COL Rick D. Hall, State Aviation Office, Ohio Army National Guard;
COL Bob Baylor, Deputy Chief of Staff, Ohio Air National Guard;
Chaplain (MAJ, OH) Randy Shump, Chief of Chaplains, OHMR;
COL (OH) Jerry K. Carter, Assistant Chief of Staff for Civil-Military Affairs, OHMR;

All written testimony submitted into the record is attached to this report in the Appendix, as are various news media accounts of the hearings.

Through the study process, the consensus of the Commission members was that the OHMR should continue to have a reserve constabulary role in serving the State of Ohio, both in times of natural disasters as well as man-made disasters, including terrorist attacks. This role has been established by the Ohio Constitution, history, tradition and the OHMR’s organizational capabilities. The Commission seeks to better integrate the OHMR into Ohio’s homeland security efforts in roles that are appropriate to the members’ training and the organization’s capabilities.

Evaluating the current “effectiveness” of the OHMR is more of a challenge, since the OHMR as an organization has not been called to state active duty since World War II, when the Ohio National Guard was called into federal service as a whole as the 37th Infantry “Buckeye” Division.

Testimony before the Commission revealed that the OHMR currently has over 600 members whose focus is ongoing training, both individually and collectively. Individual members’ training includes: FEMA courses, law enforcement and emergency response courses, academic courses from the Armed Forces of the United States, professional seminars, the OHMR Training Academy, continuing professional education seminars and other training opportunities, both civilian and military. Collective training occurs at the unit level at the monthly drills and also during the Annual Training of the OHMR, held during a week in September at Camp Perry in Port Clinton, Ohio. The current headquarters detachment for the OHMR is located at Rickenbacker Air National Guard Base in Columbus, Ohio. Since the Governor has not placed the OHMR on state active duty in recent history, actual operational effectiveness is difficult to determine. However, testimony focused primarily on the actual operational capabilities of the OHMR to perform military support to civil authorities, including:
• search and rescue,
• medical support,
• legal support,
• chaplain support,
• food service support,
• public affairs and communications support,
• emergency management,
• honor guard support,
• teaching/training support,
• physical security, and
• law enforcement operational support.

Testimony at the Commission identified a number of statutory, structural and bureaucratic impediments to effective utilization of the OHMR. Yet the need for a second level force for consequence management of catastrophic disaster of up to 8,000 troops in addition to the National Guard was shown. With the increasingly high operational tempo for our military during the global war on terrorism, along with the more frequent deployments of the National Guard Ohioans may no longer be able to rely solely on the National Guard for defense of the state. Testimony established that there are significant challenges associated with recruitment and retention of OHMR troops due to a lack of incentives, lack of recognition, and lack of resources. Although there were a variety of opinions as to the specific role of the OHMR, there was no opposition testimony to the organization and all witnesses acknowledged that the OHMR should have some role in Homeland Security.

The Commission’s report includes recommendations to further define the role and improve the effectiveness of the Ohio Military Reserve. Some of the recommendations include statutory modifications, as these statutes have not been comprehensively updated by the General Assembly since the mid 1980s and reflect the Cold War, not the realities of natural disasters and asymmetrical threats (terrorism) in the 21st Century. Other Commission recommendations are merely suggestions to the Governor and/or Adjutant General and would not require statutory changes. While there are numerous ways that the OHMR could be fully integrated into the homeland security/emergency response functions for the State of Ohio, these recommendations are made by the Commission as being the highest priority to begin the modernization process. It is the goal of the Commission that these recommendations, based on a majority consensus, be used to modernize the OHMR to allow it to continue to serve a vital function in protecting the citizens of the State of Ohio.

History of the Ohio Military Reserve
The Ohio Military Reserve is solely a state force under the control of the Governor of Ohio. Today’s National Guard serves a dual function of being both a federal and state force under the command of the President first and the Governor second and could be federalized and “called up” for service outside the state as we’ve seen in the War on Terrorism in Iraq. The ONG has performed superbly for the People of Ohio and the United States, most recently restoring order in the chaos at the New Orleans Superdome immediately after Hurricane Katrina. But the OHMR continues to be Ohio’s last line of military defense. Without the OHMR, Ohio could be left unprotected by military means — a danger with significant risk.

The Ohio Military Reserve and its predecessor groups have a long standing tradition of service to the State of Ohio, tracing their history to before Ohio was admitted to the union in 1803. In the first version of the Ohio Constitution adopted in 1802, Article Nine dealt with the militia and had five sections describing how officers were appointed and elected. The first version of the Ohio Constitution remained in force until the second Ohio Constitution was adopted by the voters in 1851 based on a Constitutional Convention held in 1849. The 1851 Constitution, which is still largely in force, states that the Governor shall commission all officers of the line and staff, ranking as such, and shall have the power to call forth the militia to execute the laws of the State, to suppress insurrection, and repel invasion.

Until the “Dick Act” of 1903, the National Guard as we know it today did not exist, although Ohio began calling its state forces “National Guard of Ohio” in 1864. Prior to 1903, National Guard units were under the control of their states’ governors until federalized, typically en masse, and these units lacked standardized equipment, training and doctrine. During World War I, with the federalization of the National Guard, Ohio created a state military force to fulfill the missions of the National Guard while it was deployed to Europe and on the Mexican border.

From 1940 to 1946, history repeated itself and the Ohio National Guard was federalized and the Ohio State Guard protected the home front. After the war, the federal government authorized the formation of state military forces and the Ohio Defense Corps was formed in 1950. It was the immediate predecessor of the OHMR and existed until 1985. Its primary focus was on the threats presented to the state and national security during the Cold War and natural disasters. However, long before most civilian law enforcement agencies concerned themselves with anti terrorism tactics the OHMR had training for this kind of potential threat for decades.

Today, the Ohio Military Reserve is an agency organized and governed according to the customs and regulations of the U.S. Army, consisting of 649 personnel in the following units: four Military Police Brigades, a Training Academy, plus a Headquarters Detachment that includes a Medical Unit, Legal (Judge Advocate) Unit, and a Food Service Unit. The Headquarters includes all General, Special and Personal Staff Sections typically found in a divisional headquarters, including personnel, intelligence and security, operations and training, logistics, civil/military/public affairs, communications, chaplain corps, inspector general, provost marshal, EEO officer and a historian. The unit strength includes 74 personnel on the reserve list and each brigade comprises roughly one geographic quadrant of the State of Ohio. A two-star general commands the OHMR and reports to The Adjutant General of Ohio. The OHMR is a “cadre” organization, meaning that it is a framework organization, capable of expansion to full strength upon the occurrence of an emergency. Around 50% of current OHMR members have prior federal service in the Armed Forces of the United States, which provides an excellent core group of troops to assist in the training and orientation of the other personnel. Currently, there are over 20 other states that have state defense forces like the Ohio Military Reserve and Ohio Naval Militia, including New York, Texas, Georgia, Indiana, Alaska and California. Many of these state defense forces have distinguished the members while performing valuable state active duty missions following the 9/11 attack, the Hurricane Katrina Relief Effort and otherwise during the Global War on Terrorism.

Timeline of Relevant Events for the State of Ohio Military
2005 Ohio Military Reserve Homeland Security Study Commission is created to evaluate the role and effectiveness of the OHMR.
1986 – 2005 Funding of the OHMR is minimal and no significant legislative changes occur.
1985 The organization is renamed “Ohio Military Reserve,” by state legislative action and minimal state funding is restored to this all volunteer force.
1979 - 1985 The Ohio Defense Corps receives no funding from the General Assembly, and this all volunteer force operates strictly on private-sector donations.
1950 Ohio Defense Corps is organized and members are paid on a partial drill pay basis.
1949 The Ohio Defense Corps, a “state guard” is authorized by Am. S.B. 259.
1946 - 1950 Ohio had no formal “state guard,” as federal law provided that any “state guard” units should be disbanded within six months of the end of the war.
1940 - 1946 During WW II, the Ohio National Guard was mustered into federal service as the 37th Infantry Division, US Army. The “Ohio State Guard” was created and served in the State of Ohio performing homeland defense missions and military support to civil authorities, including disaster relief. The Adjutant General of Ohio wrote in his Annual Report for 1946: “It is the firm belief of the writer that the Ohio State Guard and the Ohio State Naval Militia today constitute the finest force that has ever existed in Ohio for the particular mission of maintaining law and order and helping our citizens in time of disaster. Their equipment, organization, and training have been designed for that particular purpose. It would be most regrettable if the knowledge and experience gained by this force should be completely lost.”
1903 The National Defense Act known as the “Dick Act” is passed, creating the modern National Guard.
1898 The Spanish American War begins, and the Ohio Naval Militia, organized in 1896, is called to service in this conflict.
1861 – 1865 350,000 Ohioans fight for the Union during the Civil War, many are volunteer militia units.
1812 - 13 The Ohio militia fought the British in the War of 1812, ultimately defeating the British in the Battle of Fallen Timbers.
1806 The Ohio militia provided over 8,000 troops for the War with Mexico, which was 1/8 of the U.S. forces, ultimately helping defeat the Mexican Army.
1788 The first militia law was passed in the Northwest Territory, formally creating a territorial militia, the precursor to today’s Ohio Military Reserve, Ohio Naval Militia and Ohio National Guard.
Sources: Annual Reports of The Adjutant General’s Department.
Hearings Testimony.

Ohio Military Reserve Recent Funding History
In the 14 fiscal years reviewed, going back to 1994, the OHMR received state funding ranging from a high of $22,294 in Fiscal Year 2002, to a low of $10,561 in FY 1996.

2007 2006 2005 2004 2003 2002 2001
$15,188 $15,188 $15,188 $19,340 $10,142 $22,294 $8,992

2000 1999 1998 1997 1996 1995 1994
$19,026 $16,640 $16,234 $20,895 $10,561 $14,098 $14,989

Sources: Legislative Service Commission, “Budget in Detail.”
Legislative Service Commission, “Catalog of Budget Line Items.”

Recommendation #1
The General Assembly should enact legislation changing the name of the “Ohio Military Reserve” to the “Ohio State Guard,” otherwise modernize the enabling statutes, and encourage the Governor and the Adjutant General to utilize the OHMR as a cost effective emergency response force.

The Commission concluded that the Ohio Revised Code should be amended to rename the Ohio Military Reserve (OHMR) as the “Ohio State Guard.” The name “Ohio Military Reserve” is not particularly descriptive of its mission and can be confusing. The connotation of the word “reserve” is to that of our federal reserve forces, i.e. Army Reserve. Changing the name of the OHMR to the “Ohio State Guard” would better suit the organization, has historical precedent, and would be better understood by the public. The State Guard Association of the United States, a professional association which represents state defense forces across the country, also recommends standardizing the nomenclature as being “state guard.”

The enabling language for the OHMR in RC Chapter 5920 should be amended to remove the reference to the OHMR being a “cadre,” (skeleton crew) only to be activated when the National Guard is federalized and leaves the state “undefended.” The Adjutant General testified that this model is out of date, reflecting a “Cold War mentality,” since it is anticipated that the National Guard would not be deployed as a whole, given the realignment of the Armed Forces of the United States. It should be clarified that Individual OHMR members with appropriate skill sets may be assigned to aid civil authorities upon order from competent authority. Remove the prohibition on deployment outside the State of Ohio to permit volunteers from the OHMR, when requested by the Governor, to deploy in support of disasters outside the state (i.e. Hurricane Katrina), pursuant to the Emergency Management Assistance Compact (EMAC).

Recommendation #2
The General Assembly should enact legislation improving local civil authorities’ ability to access health, welfare and safety support from the Ohio Military Reserve.

Currently, the OHMR is a volunteer resource that is vastly underutilized in the State of Ohio. The Commission recommends placing enabling language in the Revised Code to permit the Governor to issue proclamations for the Adjutant General to authorize “standing orders” for the OHMR to execute pre-authorized limited state active duty missions, if and when assistance is requested by municipalities, counties and other civil authorities. These types of “standing orders” would improve command and control, increase response time, and make the OHMR a realistic resource for emergency response in the State of Ohio.

The Revised Code should be amended to specifically state that Mayors, County Commissioners, Township Trustees, and Sheriffs could request health, welfare or emergency support from the OHMR by contacting the Adjutant General, for consideration by the Governor, both before, during and after an emergency. A discussion of preauthorized missions follows in Recommendation #3.

The Commission recommends that the existence and capabilities of the OHMR be publicized and shared with the public safety community and local Emergency Management Agencies (EMA). Assistance from the OHMR would vastly improve local recovery efforts from disasters by utilizing the OHMR as a skilled volunteer force. The OHMR represents a willing resource, but to date has not been utilized to its potential.

Speedy and effective local response would occur by upgrading the communications equipment for the OHMR, which requires a better budget. This recommendation is discussed further under Recommendation #8.

Recommendation #3
The General Assembly should enact legislation permitting an abbreviated mobilization process by permitting OHMR response to preauthorized missions.

To aid the deployment of the OHMR, the Revised Code should be amended to allow the Governor to issue a “standing” proclamation, allowing the Adjutant General to create a list of preauthorized operations orders activating the OHMR in certain appropriate situations. OHMR units that are stationed across the state will be readily and rapidly deployed when needed in an emergency or simple local situation without having to navigate a lengthy and bureaucratic process when Ohioans need assistance the most.

These missions could include, but are not necessarily limited to:
• Search and Rescue;
• HAZMAT Support;
• Incident Command and Emergency Operations Center Support
• Blackout Response;
• Weather Hazard Response:
o Tornado/Wind Storms
o Ice Storms/Blizzards
o Flooding
• Earthquake Response;
• Legal and Medical Support;
• Chaplain Support;
• Food Service Support.
• Traffic Control

Such preauthorized missions could be requested by the appropriate civil authority, as discussed above in Recommendation #2. These types of preauthorized and less-dangerous missions could be performed in a status other than a full “state active duty” as described below.

Sample Proposed Categories of Duty for OHMR:
State Active Duty: Duty performed pursuant to a Governor’s proclamation and while in a regular pay status.
State Training Duty: Unpaid volunteer duty, unless lesser pay is authorized by General Assembly funding, including Annual Training not exceeding one week, monthly drills not exceeding 48 hours, musters, encampments and maneuvers performed as part of the normal administration of the OHMR while on its reserve status and required for the proper functioning of the organization.
Limited State Active Duty: Unpaid voluntary duty up to 72 hours performed pursuant to a Governor’s “standing” proclamation implementing “standing” operations orders with missions pre-authorized by the Adjutant General.
Liability for these specific duty statuses is discussed in recommendation #4.

Recommendation #4
The General Assembly should enact legislation clarifying the civil immunity for members of the Ohio Military Reserve and applying the Ohio Code of Military Justice to the OHMR when on all types of duty.

The Revised Code’s existing immunity statutes in Title 59 concerning OHMR members’ civil liability should be clarified to ensure that members on authorized training and limited state active duty are covered, as well as when on regular state active duty. Clarify the language regarding the Ohio Worker’s Compensation statutes to bring them in line with current practice. Currently, Revised Code Title 59 has provisions protecting members of the Ohio Military Reserve while on state active duty (paid call up), but they are not explicitly protected when performing training duty, when drilling, performing administrative functions, and when in maneuvers and encampments. A provision in the Revised Code should also be added shifting liability from the State of Ohio to the requesting local civil authority when limited state active duty (voluntary service) is being performed by the OHMR on the locality’s behalf. All of these provisions should be subject to the members being in the course and scope of their authorized duties, while under military orders from competent authority. Immunity provisions exempt any willful, wanton, reckless, intentional, bad faith or criminal acts from coverage, as being outside the course and scope of employment. All OHMR officers shall be covered under the State of Ohio’s blanket bond.

Moreover, there have been questions raised about the applicability of the Ohio Code of Military Justice (OCMJ, RC Chapter 5924) and its applicability to OHMR members who are in a training status. The Revised Code should be amended to reflect that the OCMJ should be clearly applicable to the OHMR members while in any type of duty status, to reflect the proper military order and discipline appropriate to its status.

In a very prescient statement the Adjutant General of Ohio wrote to the Governor in his annual report in 1946, discussing the state guard and civilian versus military volunteers:
“To care for our citizens in the terrible turmoil and confusion which may strike in a matter of minutes is too grave a matter to be left in the hands of those who serve or cease to serve at their own pleasure or whose leaders are accustomed to leisurely plan humanitarian projects to be carried out…. There is no time or hesitation….The security of the State and its people require that military men trained in accurate analysis, sound decisions, and prompt action be in charge. I therefore, recommend that the Legislature provide for the formation, in time of war or threatened war, of an Ohio State Guard Reserve of such numbers as the Governor at the time may deem necessary and composed of officers and enlisted men, both male and female, who take a military oath and are subject to the Articles of War. I believe that they should serve without pay except when ordered to duty for periods in excess of forty eight hours.”

Recommendation #5
The Ohio Military Reserve should seek to collaborate with the Ohio Citizen Corps for the betterment of the State of Ohio.

Currently, the Ohio Citizen Corps has many opportunities for collaboration with the Ohio Military Reserve. Although both organizations have separate functions, it would be possible for volunteers from the Ohio Military Reserve to work with the Citizen Corps, either in an individual capacity or in groups located near each other geographically. The potential collaboration includes:
• Community Emergency Response Teams/FEMA
o The training for CERT is consistent with training that OHMR members receive. It would be possible to integrate CERT training into the standard training matrix of the Ohio Military Reserve, strengthening both the OHMR and the CERT Program;
• Register OHMR members in the Citizen Corps Statewide Database
o Having this data on file with the Citizen Corps would facilitate access to the skills and capabilities of the OHMR. As part of its training function, OHMR members with specific skills could provide training to Citizen Corps volunteers and programs;
• Volunteers in Police Services (VIPS)
o VIPS programs assist law enforcement with both day to day activities and during emergencies. Since members of the Ohio Military Reserve have had training in military police functions, including crowd control and traffic control, and many are certified peace officers, they would be well equipped to assist in a myriad of ways with this program;
• Volunteering in the Fire Corps;
• Serving on local Citizen Corps Councils;
• OHMR members when on some form of duty could provide staff and logistics support to volunteer reception centers during disasters and emergencies.

Recommendation #6
The General Assembly should enact legislation providing increased statutory authority for background checks of Ohio Military Reserve members and other forms of accountability.

Currently, the Revised Code and OHMR regulations prohibit felons, persons dishonorably discharged from federal or state service and other undesirable individuals from enlisting in the OHMR. However, background checking can be a difficult, time consuming and sometimes lengthy process. Technology has greatly improved the system. The Revised Code should mandate a BCI fingerprint check and also authorize an FBI fingerprint check at an applicant’s cost, prior to enlistment in the OHMR. The FBI requires specific legislative language allowing access to its criminal databanks. The “Web Check” and “Livescan” fingerprint systems should be implemented if possible, to accelerate the background investigation process.

To promote increased accountability and transparency, the Revised Code should mandate that a roster of all commissioned and warrant officers in the OHMR be reported annually to the General Assembly. This is much in the same way that federally-recognized officers in the Armed Forces of the United States are reported to Congress when commissioned and promoted. Officers’ commissions should be issued and recorded pursuant to law in the office of the Ohio Secretary of State.

Recommendation #7
The General Assembly should enact a Resolution supporting the federal State Defense Force Improvement Act of 2005, HR 3401, and provide a copy of the Commission’s report to the Ohio Congressional delegation.

The General Assembly should enact a joint concurrent resolution encouraging Congress to adopt the State Defense Force Improvement Act of 2005, HR 3401. This legislation will modernize and clarify the role of State Defense Forces like the Ohio Military Reserve. If HR 3401 were enacted, it would enhance the ability of the Ohio Military Reserve to access federal funding, equipment, and training. By providing a copy of this Commission report to the Ohio Congressional delegation and the sponsor of the federal legislation, the probability of passage of the legislation will be increased.

Recommendation #8
The General Assembly should provide adequate funding for the Adjutant General’s Department and the Ohio Military Reserve.

As demonstrated above under the section captioned OHMR “Recent Funding History,” the State of Ohio underwrites very little cost of operating the OHMR. Its current budget for FY 2006 is $15,188 for a state agency with over 600 people. To volunteer one’s services to the people of Ohio as a member of the OHMR comes at a significant personal financial cost every year. The inherent burden of this cost automatically eliminates many excellent, talented recruits who arrive at the decision that they can not take hundreds of dollars away from their families’ needs annually to serve in the OHMR. This is in addition to the significant time away from civilian employment and family to train without pay to serve the State of Ohio. Inadequate funding has also contributed to a lack of proper mission focus and turnover within the organization.

The Commission proposes an additional $2 million appropriation for the Adjutant General’s Department in the State of Ohio biennial operating budget for FY 2008 and FY 2009. $1.5 million should be appropriated for the National Guard and the remainder of this modest funding, $500,000, should be earmarked for the OHMR, GRF 745-401. Some of the OHMR’s and members’ needs that currently go unmet include the following:
• training expenses, including food, educational materials, office supplies, and other consumables (most of which are currently unreimbursed);
• travel expenses, and with the cost of gasoline rising, this has become a hardship for many (currently unreimbursed);
• ammunition used to maintain firearms qualification (currently unreimbursed);
• other standardized personal/field equipment, including personal protective equipment (currently unreimbursed);
• modern communications equipment (currently nonexistent);
• one to three permanent paid full time OHMR staff members housed at the Adjutant General’s Department to staff the OHMR’s administrative functions and to serve as liaison between the OHMR and the Adjutant General (currently nonexistent).

Further, the OHMR should also be authorized/encouraged to obtain surplus / salvage State of Ohio property and similar federal property, to perform its training and be at a proper state of readiness at little or no cost to the State of Ohio. Accountability for State assets is key, and the OHMR currently employs a logistics system and will implement the recommendation of bonding officers.

Recommendation #9
The Adjutant General should encourage liaison and training between the OHMR and the Ohio National Guard, Department of Public Safety’s Division of Homeland Security and Emergency Management Agency, and other applicable public safety agencies.

By providing for a close working relationship with these agencies, the OHMR could be an excellent resource for the State of Ohio in times of emergency. The EMA was originally a sister agency of the OHMR when it was under the supervision of the Adjutant General’s office, and it is appropriate to encourage a strong working relationship between the two organizations. These agencies should have the Governor and Adjutant General adopt “standing” proclamations and operations orders permitting the OHMR to provide military support to these agencies for specific preauthorized missions, as discussed above in Recommendation #3.

Recommendation #10
The General Assembly should enact legislation requiring that the OHMR reasonable access to state facilities.

The Revised Code should be amended to require that the OHMR reasonable access to state facilities, including armories for authorized training, drills, encampments, maneuvers, and state active duty, as well as for the storage of equipment, records and other items essential to the operation of the organization. The OHMR Headquarters should be provided some office space at the Ohio Adjutant General’s Department Headquarters at Beitler Armory. This physical proximity will enhance communication, problem resolution, command and control, with OHMR staff.

Recommendation #11
The General Assembly should enact legislation providing tax relief/benefits to members of the OHMR for their volunteer service to the State of Ohio.

The Revised Code should be amended to exempt sales tax on OHMR members’ purchases of equipment, uniforms, and supplies to be used for OHMR duties. Further, OHMR members whose service is satisfactory should receive a limited annual tax credit from the State of Ohio for their service to our state.

Recommendation #12
The General Assembly should enact legislation providing appropriate recognition and the Adjutant General’s Department should increase its recognition of the OHMR and the contributions of its members.

The General Assembly should recognize the accomplishments of the OHMR by declaring a day to be named the “Ohio Military Reserve Day” for the State of Ohio. The OHMR and its predecessors have a long history of service to the State of Ohio, serving the people of Ohio diligently for over two centuries, and its members and past members should be recognized for their contributions. Their service has been largely without recognition. The National Guard already has July 25th recognized as “Ohio National Guard Day.”

The Adjutant General’s Department should endeavor to recognize the efforts of the OHMR by providing exposure in the Buckeye Guard Magazine, a link from the agency’s web site to the OHMR official web site, and providing information about the OHMR to retiring or exiting National Guard members. These efforts, though merely examples, can be implemented at little or no cost to the state and would pay large dividends in the way of better cooperation, cross training in functional areas, mutual respect and increased recruiting and retention.

Recommendation #13
The General Assembly should enact legislation to make certain benefits of state-employment available to the OHMR members, at no cost to the State of Ohio, but with the cooperation of the Adjutant General’s Department.

The Revised Code should be amended to permit the State to offer OHMR members certain employee benefits, at their own expense, through the State of Ohio, such as:
• Group health insurance,
• Dental and vision insurance,
• Life insurance ,
• Long term care insurance,

With the purchasing power of the State of Ohio, these benefits could serve as an outstanding recruitment and retention tool for the organization.

As unclassified state employees, pursuant to Ohio Revised Code Section 124.11(A)(6), OHMR members should be educated about accessing certain other currently available benefits of state employment that do not cost the State any additional money, such as:
• State Employees Credit Union,
• State Library of Ohio,
• Child care voucher program,
• Employee training and development seminars,
• Service awards,
• Sam’s Club membership,
• Innovation Ohio.

Unfortunately, even though OHMR members are currently permanent unclassified state employees in an “intermittent” status, they are not listed in the Ohio Department of Administrative Services’ (DAS) computer system, nor is paperwork on file for the OHMR members at that agency. This would create a logistical nightmare if the OHMR were placed on state active duty. Moreover, it makes accessing the second category of benefits described above which the members are currently entitled to, more difficult or impossible. The Adjutant General’s Department should remedy this situation by submitting personnel action forms to DAS for OHMR personnel upon appointment and discharge. This would also have the effect of better recordkeeping, accountability and transparency of the OHMR.

Appendix A:
The following are the agendas, as well as the written testimony, of the people who testified before the Ohio Military Reserve Homeland Security Study Commission.

October 12, 2005:
Agenda from the October 12th meeting, minutes from that meeting, and written comments from Major General Gregory Wayt.
October 19, 2005:
Agenda from the October 19th meeting, minutes from that meeting, and written testimony from MAJ (OH) Michael R. Moran, an attorney and member of the Ohio Military Reserve.
November 2, 2005:
Agenda from the November 2nd meeting, minutes from that meeting, and written testimony from COL John Brinkerhoff, an expert on state guards.
November 16, 2005:
Agenda from the November 16th meeting, minutes from that meeting, and written testimony from Kitty Burcsu, Executive Director of the Ohio Community Service Council, Captain (OH) Michael Lanzillotta, an attorney and member of the Ohio Military Reserve.
November 30, 2005:
Agenda from the November 30th meeting, as well as testimony from Nancy Dragani and Tammy Little, representing the Ohio Emergency Management Agency, COL Robert Baylor and COL Rick Hall of the Ohio National Guard, Chaplain (MAJ) John Shump from the OHMR Corps of Chaplains, Sam Cicchino, President of the Ohio Military Reserve Association, Major General Charles E. Hollar, Commanding General of the OHMR, and a letter of support submitted from the COL Byers W. Coleman, Executive Director of the State Guard Association of the United States.

Appendix B:
News Clippings

Appendix C:
Current OHMR regulations

Appendix D:
Current Mission Statement of OHMR