Warren weighs appeal

Youngstown has a similar case in a Mahoning County court.

THE VINDICATOR

By TIM YOVICH

VINDICATOR TRUMBULL STAFF

WARREN, Ohio — Mayor Michael J. O’Brien says he hasn’t decided if he will continue the legal battle to force city workers to live in the city.

Judge Andrew D. Logan of Trumbull County Common Pleas Court has ruled that state law lifting residency requirements supersedes local laws such as Warren’s 2006 ordinance that requires its employees to live in the city.

O’Brien said Tuesday afternoon he was disappointed with the judge’s ruling, issued last week.

The mayor said, however, he will review the judge’s decision with his law department before determining if he will continue the legal battle.

Law Director Gregory V. Hicks said he couldn’t comment on Judge Logan’s ruling because he hadn’t seen it.

He commented that the court didn’t give the city a heads-up that the city’s requirement had been rejected by the court.

Youngstown’s case

Youngstown has a similar case pending before Judge Jack Durkin in Mahoning County Common Pleas Court.

Youngstown Law Director Iris Torres Guglucello said that Judge Logan’s ruling does not effect Youngstown’s case because Youngstown and Warren are in different court jurisdictions.

“It’s disheartening, but we will persevere,” Guglucello said.

She noted, though, that the latest ruling is part of a trend in which common pleas court judges don’t want to buck state law.

Rather, Guglucello pointed out, appellate court judges have more experience and are apt to rule against the state Legislature.

She wants the case heard at the appellate level to reverse the trend.

Some of Warren’s department heads don’t see employees running for the city limits based on Judge Logan’s ruling.

Frank Tempesta, director of operations, said he doesn’t envision an exodus.

Tempesta has 47 employees in the street, parks and building departments.

He pointed out that none of his employees has indicated they will be moving out of the city.

Perhaps one factor is that houses aren’t selling because of the declining housing market, said Tempesta, who also is in the real estate business.

Fire Chief Ken Nussle believes that all police and firefighters should live in the city so they are nearby in case of an emergency.

He said it’s not a matter of his firefighters wanting to live elsewhere, but rather they want the residency question finalized once and for all. The department has 75 employees.

“They’re in limbo and have to comply with the city’s requirement,” the chief said.

yovich@vindy.com