Tuesday, April 29, 2008

Residency Requirements Off Life Support For Now

Local residency requirements have officially been upgraded from critical to guarded condition.  As I posted here in February the reports of the death of local ordinances requiring municipal employees to live within city limits was a bit premature.  Now a third Ohio appellate court has weighed in on residency requirements and affirmed the two previous rulings in favor of cities with such requirements.  Not only is the health of residency requirements looking up for now but his friend home rule is feeling better these days.  The report from GONGWER offers this snippet:
The 6th District Court of Appeals said in a 2-1 opinion that a new state statute prohibiting such residency requirements was "an obvious attempt to circumvent constitutional municipal home rule authority."
The main opposition to residency requirements has come from police and fire unions who state that an undue hardship is placed upon their members.  These groups assert the residency restriction limits the options of housing and other quality of life choices that inevitably lie in the greener grass just on the other side of the city limits.   Now I have worked for a large metro that had a residency requirement and didn't mind it at all.  In fact I was informed of the requirement prior to excepting the job there.  Are the safety forces contending that there has been some deception on the part of muni's that maintain residency rules?    In writing the lead opinion Judge Thomas Osowik offered this somewhat right wing-ish statement:
"Terms and conditions of employment and the choice of whether to accept employment with certain terms and conditions are inherent in all employment decisions in a free market economy,"
Seriously, is it that bad to have to live in a city whose citizens depend on police, fire and EMS personnel to maintain the collective health and safety of the community?   If you prefer not to live in Akron or Cleveland y then you have the right to work for a city that doesn't have a residency requirement don't you?   There are currently two potential cases, including the City of Akron case, that could be heard by the SCO so the final judgement has yet to be rendered.

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