Ohio Supreme Court justice speaks at FOP conference


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Boardman Police Chief Patrick Beraducci welcomes the group to Boardman -State FOP convention held at Mr Anthonys in Boardman.

By Denise Dick

More than 350 law enforcement officers from across the state attended the conference.

BOARDMAN — Oral arguments in the case regarding constitutionality of a law abolishing residency requirements for municipal employees are expected before the Ohio Supreme Court late this year or in early 2009.

Justice Robert R. Cupp of the Ohio Supreme Court was a featured speaker Monday at the 74th annual conference of the Fraternal Order of Police, Ohio State Lodge, at Mr. Anthony’s.

The conference drew law enforcement officers from across the state to the township. It concludes today.

The cases before the state’s high court address whether the Ohio General Assembly “had or lacked the authority to enact the legislation in the first place,” Justice Cupp said.

The cases were spawned by legislation passed by the state Legislature, saying that communities cannot require employees to live in cities where they serve.

Several communities appealed that decision.

Three appeals courts have ruled that lawmakers in Columbus overreached with their decision. The Supreme Court has agreed to hear appeals filed by public employee unions regarding rulings by the 9th District Court of Appeals, which sided with Akron, and the 3rd District Court of Appeals, which sided with Lima.

The 8th District Court of Appeals ruled that Cleveland’s residency requirement is a valid exercise of its home-rule powers under the Ohio Constitution, and that case has also been appealed and is pending before the state high court.

Both Youngstown and Warren are among the cities contesting the constitutionality of the new law.

Justice Cupp isn’t permitted to comment on the merits or likely outcome of pending cases. But he said that people may follow the progress online at the Ohio Supreme Court’s Web site. Oral arguments will be streamed live, Justice Cupp said.

This marks the second time in four years the state conference has been conducted in Mahoning County, said Glenn Kountz, president of FOP Lodge 141, which represents Mahoning County deputy sheriffs. Kountz also serves as a trustee for the state organization.

The last time the conference was in Mahoning County was 2004.

“We have people staying at the Holiday Inn and four other motels in the area,” Kountz said, referring to the more than 350 law enforcement officers attending the conference.

The meeting began with a prayer and memorial to the member law enforcement officers across Ohio who have died in the last year. The Cleveland Police Pipes & Drums completed the memorial with “Amazing Grace.”

The national FOP president, Chuck Canterbury of South Carolina, also attended.