Ruling favors city worker

A state law now bans
residency requirements.

By PETER H. MILLIKEN

VINDICATOR STAFF WRITER

YOUNGS-TOWN — A magistrate has ordered the city to reinstate a water department laborer the mayor fired for violating Youngstown’s employee residency requirement by moving to Liberty Township.

Magistrate Eugene J. Fehr of Mahoning County Common Pleas Court issued his order Friday afternoon in the case of Terrance M. Marvin of Monticello Boulevard, who was fired Feb. 6 by Mayor Jay Williams and Water Commissioner John Casciano.

The magistrate’s order came in response to a lawsuit filed Friday by Marvin, who requested a temporary restraining order against his termination and sought his reinstatement with back pay. In his order, Fehr set a preliminary injunction hearing for 1 p.m. Feb. 29.

A city charter amendment adopted by 80 percent of the voters has required employees hired by the city within the last 20 years to live in the city. Marvin was hired in 2000. A state law banning such residency requirements, however, took effect May 1, 2006.

On Nov. 7, 2007, Judge John M. Durkin of Mahoning County Common Pleas Court declared the state law constitutional and said the city can’t negate the state law.

In his lawsuit, Marvin said he moved to Liberty after Judge Durkin rendered his decision.

“The order would not go into effect for 14 days, during which period of time we have the opportunity to object to it, and, on that 14th day, we have our preliminary injunction hearing scheduled,” said Anthony J. Farris, deputy city law director. “So he is not reinstated yet. We plan to object to the magistrate’s decision.”

The objection will be filed with Judge James C. Evans of common pleas court, Farris added.

“The magistrate’s decision does not become the official order of the court until the judge adopts it,” Farris said. The city doesn’t plan to reinstate Marvin before Feb. 29 unless a judge orders it, Farris added.

Farris observed that numerous court challenges to the state law have been filed throughout the state and that two appellate courts have declared the new state law unconstitutional. No appellate court has upheld the state law, he added.

Judge Durkin stayed his decision pending appellate action, Farris said. The city is appealing Judge Durkin’s decision.

“The presence of stable, wage-earning city employees is a main feature of the [Youngstown] 2010 plan because we are trying to anchor individual neighborhoods and resurrect and save those neighborhoods,” Farris said. “If there is going to be a further absence or reduction in the number of wage-earners in the city of Youngstown, it would obviously be detrimental to us,” he added.

milliken@vindy.com