Legislation likely to go to courts

The Ohio House approved the measure to abolish residency requirements 66-28.
By JEFF ORTEGA
VINDICATOR CORRESPONDENT
COLUMBUS -- Gov. Bob Taft expects to sign a bill passed by the Legislature that would generally prohibit local governments from requiring full-time employees to live in any specific area of the state.
"He's [Taft] been on record in the past as having been supportive of the concept," said Mark Rickel, a spokesman for the Republican governor.
The GOP-led Ohio House of Representatives approved the bill Wednesday on a 66-28 vote. The GOP-controlled Senate passed the measure last year by a vote of 19-13.
Court test expected
After the House vote, state Sen. Timothy Grendell of Chesterland said he expects the measure he sponsored to be tested in the courts after it's signed into law, possibly under the theory that it violates local government's home-rule powers.
But Grendell, a Republican, said the state Constitution gives the Legislature responsibility over statewide employment issues.
"This is an employment issue," Grendell added. "It's the fundamental right to live where you want to live. It's a right that people enjoy in the private sector and, today; it's a right we're giving back to the people who work in the public sector."
Backers of the bill say there's no need for the residency requirements for government workers such as police officers and firefighters with the modern freeway system and with the prevalence of mobile telephones and pagers.
Local control
But bill opponents say residency requirements are a matter of local control.
"Local issues should remain as such," state Rep. Annie Key, a Cleveland Democrat, said during the House debate on the bill. "I strongly support residency requirements for the city of Cleveland."
"Residency requirements are lawful acts adopted by local governments," added state Rep. David Daniels, a Greenfield Republican.
The measure garnered support from organizations such as the Fraternal Order of Police, but drew opposition from many municipal leaders, including Youngstown Mayor Jay Williams.
According to the Ohio Municipal League, 125 cities and 13 villages across the state have some requirement for municipal employee residency in their charters.
The league said many of Ohio's largest cities including Akron, Toledo, Cleveland, Dayton and Columbus have a residency requirement for virtually all employees in their charter.
The bill provides some exceptions to an outright prohibition on residency requirements. The measure would permit citizens, through initiative, or the legislative authority of a local government to require local government employees to live either in the county where the political subdivision is located or in an adjacent county.