Hearing targets residency law

The magistrate will decide after written legal
arguments are filed.

YOUNGSTOWN — An expert’s report shows that 208 city employees now in “stable” neighborhoods would move out of the city if a residency requirement is removed.

The information was part of testimony given Friday afternoon during a hearing in Mahoning County Common Pleas Court. The hearing was held on a request for a preliminary injunction, which, if granted, would allow a terminated water department laborer to stay on the job until an appeals court decides whether the city can enforce its residency rule.

A state law banning residency requirements took effect in May 2006.

Anthony J. Farris, deputy law director, said an injunction would prevent the city from firing employees who move out until the case is resolved in court. The city, he said, wants to continue to fire employees who move out until the case is resolved.

The water department laborer, Terrance M. Marvin, 49, moved to an apartment complex in Liberty Township in December 2007. He said the move was based on a decision by Judge Jack Durkin in common pleas court.

A month earlier, Judge Durkin had declared the state law constitutional. He stayed his decision pending appellate action, and the city appealed his decision to the 7th District Court of Appeals, according to Vindicator files.

Marvin was fired by the city Feb. 6 and filed a lawsuit to get his job back. He was hired March 2000.

For 20 years, the city has required its workers to live in the city. Those hired before then are “grandfathered” in and can live elsewhere.

On Feb. 21, Judge James C. Evans ordered that the city reinstate Marvin. The common pleas judge adopted a decision made by Magistrate Eugene J. Fehr.

The city did not immediately reinstate Marvin, Farris said, adding it needed the judge’s certified order. The order was expected to be given to Farris on Friday.

Judge Evan’s interim order runs for up to 28 days.

At the end of Friday’s 2 1/2-hour hearing, Fehr took the matter of a preliminary injunction under advisement and asked both sides to submit written legal arguments within two weeks. The magistrate will decide after considering the briefs and Friday’s testimony.

Bill D’Avignon, the city’s community development director, testified Friday that 579 employees are required to reside in the city. Of those, 80 percent — 463 — live in eight census tracts considered “stable” that the city wants to preserve as part of its 2010 plan. The majority of the 463 employees live on the West Side, with others in small sections of the South and North sides, he said.

Farris asked D’Avignon what effect it would have if workers in those stable neighborhoods moved out. D’Avignon said it would have a devastating effect, and property values would drop nearly 18 percent.

D’Avignon, quoting from an expert’s report commissioned by the city, said 45 percent of those in the stable neighborhoods — 208 — would move out within one year if not bound by the residency rule. Factoring in spouses and children, the city would lose about 520 people, he said.

He said 180 of those 208 own their homes. The sale of those homes would have a detrimental ripple effect, he said.

Citywide, 23 percent of the properties are vacant, he said. In the stable neighborhoods, only 5 percent of the properties are vacant.