Residency law to go into effect

Police say the law is constitutional and want the right to live where they choose.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- Fire Chief John J. O'Neill Jr. will employ the services of a private investigator if he suspects any firefighters have moved out of the city.
He's done it twice in the past five years.
"Both came back negative," O'Neill said. "We'll investigate again if I hear that any have moved."
City workers hired after 1988 have been required to live within the municipality.
That all changes next week.
New state law
That's when a new state law that nullifies municipal residency rules for employees goes into effect.
The new law, sponsored by state Sen. Timothy J. Grendell, a Chesterland Republican, provides some exceptions to an outright prohibition on residency requirements. Communities could still enact legislation that requires their employees live no farther away than a contiguous county.
Opponents of the legislation, including Mayor Jay Williams, say it is unconstitutional. He says residency is an important issue but believes the bigger issue is the attack on home rule and contends the state is undermining the will of local voters.
O'Neill said he's heard rumors that some firefighters, based on the new law, want to bolt to the suburbs. If supplied with more than rumors, he'll engage the services of a private eye.
"It's an interesting process," O'Neill said of the private investigations. "They check voting records, where the mail goes and if they have to, will follow [employees]."
The fire chief said the firefighters' international union is preparing a few select "test" cases throughout the state and telling all other firefighters to stay put. Firefighters not considered a test case who move and get fired will not have the support of their union, he said.
"That one of our brothers or sisters of Local 312 would have to risk their career for the purpose of finding out the true meaning of the law would be insane," said Dave Cook, Firefighters Local 312 president. "We will eventually find out through the state Supreme Court the validity of this law."
Cook said Local 312 members have been advised to continue to abide by the residency requirement and not move.
O'Neill said having firefighters living at the edges of western Mahoning County or in a neighboring county, such as Stark, would be problematic in the event of call-outs for big fires. He recalled that it took more than an hour for one battalion chief (no longer with the department) who lived in far west Mahoning County to respond to a call-out.
Police
City police, meanwhile, are apparently also taking a wait-and-see attitude.
"None have said they'd move yet -- everyone wants to see the law tested first," said Detective Sgt. Rick Alli, police department spokesman. "It's hard to say how many would move."
Alli said the Fraternal Order of Police Lodge 28, Youngstown Police Ranking Officers and Youngstown Police Association all agreed to wait until the new law is tested in court.
Ed Colon, YPA president, said his members met this week to discuss the situation. He doesn't expect a lot to leave if the law is upheld but noted that residency is a concern for some officers with school-age children.
Patrolman Frank Bigowsky, YPA grievance officer, said the members take pride in their work and the vast majority reside in the city, consider it a great place to live and have no intention of leaving. He said many stay even though they were hired before the 1988 cut-off date and could live elsewhere.
He said, however, that YPA members believe the new law is constitutional and are asking to be given the right reaffirmed in the law -- to live where they choose. He said city officials who threaten to fire police officers who move are "acting like a schoolyard bully."
Bigowsky wasn't able to say if any officers intend to move before the law is tested in court. He's confident that any officer fired for moving out after the law takes effect would win their job back.
meade@vindy.com