State AG Office Not Keen On Residency Requirements

The Attorney General's Office is putting it's weight behind the State law that prohibits residency requirements for municipal employees. The reasoning was laid out in a filing with the Ohio Supreme Court submitted in support of the defendants in the pending cases involving Akron and Lima. This latest move against municipalities comes as the Ohio Supreme Court has agreed to rule on the issue. I guess it's no surprise that the Attorney General's Office has decided to lay down a marker on this one. Monday's GONGWER Report details Solicitor General William Marshall's (who knew we had one of these) motivation for the filing on behalf of the State Law:

Solicitor General William Marshall told the court in a brief filed late Friday that the 6^th District Court of Appeals is the third to improperly interpret a section of the Ohio Constitution in concluding the law (SB82, 126^th General Assembly) should be voided.

Justices already have accepted appeals the state filed in the two earlier cases involving the cities of Lima and Akron. The 6^th District subsequently joined them in holding that Toledo's home rule powers allow it to impose a residency requirement on police, fire and other workers.

Mr. Marshall said the 6^th District's ruling invites challenges to other Ohio laws that govern the welfare of workers.

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Mr. Marshall said the appellate decision also warrants review because it deals with a fundamental question of state and local governance that is being litigated statewide.

Sounds like the Attorney General's Office has to maintain its law and order appearances even it means defending an ill conceived State law that contradicts the home rule powers granted by the State Constitution.