Judge rejects Warren worker residency law

One firefighter said
co-workers are looking
forward to sending their kids to the new city schools.

By ED RUNYAN

VINDICATOR TRUMBULL STAFF

WARREN — Warren’s city worker residency law was rejected by a judge, but one employee says it won’t produce a “mass exodus.”

In a judgment entry dated Friday, Judge Andrew D. Logan of Trumbull County Common Pleas Court ruled that the state law approved in January 2006 that lifts residency requirements for most public employees “is superior to all conflicting laws.”

Judge Logan said the 1991 Warren ordinance “is struck down as being superseded” by state law.

Dennis Haines, the Youngstown attorney who filed the suit, says the ruling is similar to those made by common pleas court judges in Cleveland, Toledo, Dayton, Lima and Akron and bodes well for a case pending in Mahoning County Common Pleas Court.

The City of Youngstown filed a lawsuit against the state in which it sought to have the judge rule that state law infringes on the city’s home rule powers and violates sections of the Ohio Constitution. The case is being handled by Judge Jack Durkin.

Haines said that unless Warren is able to win the case on appeal — something he thinks will not happen — it would appear that the city will no longer be able to enforce its residency requirements.

Reaction

Warren firefighter Marc Titus, president of Local 204 of the International Association of Firefighters, said being allowed to move outside of the city won’t necessarily cause city workers to do so, though they are glad to have that option.

He estimated that about half of the fire department’s workers began their jobs before 1991 and are exempt from the residency law.

“We’ve said before nothing would change,” Titus said. “There will be no mass exodus. We have a good city. We don’t need to go anywhere.” He said employees are looking forward to having their children attend the new Warren schools.

Judge Logan’s action was in response to a June 2006 lawsuit filed by the American Federation of State, County and Municipal Employees Local 74 and Warren Management Association. The two unions represent a majority of the city’s workers, but not firefighters or police officers. The Warren Management Association represents middle- to upper-level managers.

The suit sought to determine whether the state law was a legitimate exercise of power.

Ruling

The state law “was enacted to ensure that individuals had the freedom to choose their place of residence,” Judge Logan wrote. “The General Assembly interpreted this legislation as one governing the comfort, health, safety and general welfare of certain employees.”

Two workers were found to be in violation of the city’s ordinance after the state law went into effect.

Warren Detective Michael Currington and Patrolman Andrew Chovan were both found to be living outside of the city in violation of the ordinance, but they were allowed to keep their jobs until the lawsuit was decided.

Calls to city and union officials were not returned Monday afternoon.

As of last summer, 125 cities and 13 villages across the state had some requirement in their charters for municipal employee residency.

The city’s 1991 ordinance allowed any employee hired after June 1, 1991 to obtain and maintain residence in the city. It also required any current employee living in the city to continue living there.

runyan@vindy.com