Judge: City must give worker his job back

The worker must be
reinstated to his prior job and pay level.

YOUNGSTOWN — Judge James C. Evans of Mahoning County Common Pleas Court has ordered Youngstown to reinstate a water department laborer to his job.

The city had fired him for violating its residency requirement for workers by moving to Liberty Township.

Anthony J. Farris, deputy city law director, said the city would comply with the order concerning Terrance M. Marvin, who was fired Feb. 6 by Mayor Jay Williams and Water Commissioner John Casciano.

In ordering Marvin reinstated to his prior position and wage level, Judge Evans adopted a decision by Magistrate Eugene J. Fehr, who ordered Marvin’s reinstatement last Friday.

The city didn’t reinstate Marvin immediately after the magistrate’s decision because, Farris said, a magistrate’s decision doesn’t become an official court order until the judge adopts it.

A city charter amendment has required employees hired by the city within the last 20 years to live in the city. The city hired Marvin in 2000. However, a state law banning such residency requirements took effect May 1, 2006.

Last November, 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 to get his job back, Marvin said he moved to Monticello Boulevard in Liberty after Judge Durkin rendered his decision.

Judge Durkin stayed his decision pending appellate action, and the city has appealed Judge Durkin’s decision to the 7th District Court of Appeals.

“Plaintiff has no plain, speedy and adequate remedy at law,” Judge Evans ruled. “Unless a temporary restraining order is issued as requested, plaintiff will suffer immediate and irreparable injury,” the judge added.

The judge’s interim order runs for up to 28 days, subject to extension by the court in 28-day increments. Magistrate Fehr will conduct a preliminary injunction hearing at 1 p.m. Feb. 29.