2 unions sue over residency law

Councilman Holmes said council has not recently talked about residency.
By ED RUNYAN
VINDICATOR TRUMBULL STAFF
WARREN -- Two city employee unions are suing the city, asking a court to declare Warren's residency ordinance unenforceable.
The legal action comes six months after the state Legislature passed a law in January nullifying municipal residency laws in Ohio.
The American Federation of State, County and Municipal Employees Local 74 and Warren Management Association filed the action Wednesday in Trumbull County Common Pleas Court seeking enforcement of the state law and nonenforcement of Warren's residency ordinance. The case is assigned to Judge Andrew Logan.
The two unions represent a majority of the city's workers, but not firefighters or police officers, said city Law Director Greg Hicks. The Warren Management Association represents middle- to upper-level managers.
Hicks said he has advised Mayor Michael O'Brien to sit down with city council to decide what position the city wants to take on the issue so they can advise the legal department how to proceed.
Mayors against state law
Youngstown Mayor Jay Williams lobbied in Columbus against the measure and said he and at least four other mayors, including Warren Mayor Michael O'Brien, have discussed the situation and intend to fight the new law in court.
Williams has said he believes the courts will uphold Youngstown's position but if not, "we'll live with the decision." O'Brien could not be reached to comment.
One city councilman reached Wednesday, Robert Holmes III, said council has had no discussions about residency in recent months, so he has no idea what the city's position will be on the matter.
Hicks said a few city employees have asked officials whether it would be safe to relocate outside of the city. They were told the issue is not clear enough to say if they should make that move. Hicks added he doesn't believe a mass exodus from the city is being planned.
The law director said cases such as this one could have different outcomes depending on whether the city has a charter form of government or a statutory form of government, as does Warren.
He said this is the first such case filed in the state he has heard about.
Suit seeks injunction
The lawsuit says that unless restrained from doing so, the city with continue to enforce the city residency requirement, which would do the union members irreparable harm. The suit seeks a permanent injunction restraining the city from enforcing the ordinance.
The state law, which went into effect May 1, lifts residency requirements for most public employees.
According to the Ohio Municipal League, 125 cities and 13 villages across the state have some requirement in their charters for municipal employee residency.
John J. O'Neill Jr., Youngstown's fire chief, has 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 added.
runyan@vindy.com