Firefighters sue to force Cleveland to accept state residency law

From The Canton Repository, January 31

CLEVELAND, OH – Cleveland firefighters sued the mayor on Monday, trying to force him to accept a new state law allowing city workers to live outside city limits three months before it takes effect.

Mayor Frank Jackson, in a letter to city employees Jan. 18, wrote that the city views the change to its residency law as a violation of the Ohio Constitution and that any Cleveland employee still can be fired for violating employment terms requiring city residency.

Gov. Bob Taft signed a bill Friday banning the local governments’ residency rules. Also, residency provisions in union contracts would expire when the contracts do. The legislation takes effect in 90 days.

The Ohio Municipal League, which represents 813 municipalities in the state, believes there is widespread opposition to the state law and is helping form a legal strategy for its members, who say the Constitution guarantees them the right to set their own policies.

"Our counsel is certainly coordinating with our members," said John Mahoney, deputy director.

Mahoney questioned the urgency of the lawsuit filed in Cleveland, since the law hasn’t taken effect. About 125 cities and 13 villages have some sort of requirement for employees to live either inside local boundaries or within a certain distance.

Under the law, communities still could pass ordinances requiring some workers to live in the same county or a neighboring county.

Michael House, Jackson’s spokesman, did not immediately return a call seeking comment.

Local 93 of the International Association of Fire Fighters and four of its members filed the lawsuit in the 8th Ohio District Court of Appeals. It was not clear Monday if the court would schedule a hearing, said Thomas Hanculak, an attorney for the firefighters.

Cleveland firefighter William Ruck is facing a disciplinary hearing Feb. 15 on the city’s claim that he keeps a home outside the city.

Hanculak said the court is being asked to order Cleveland to conform to the newly signed bill as a matter of statewide general concern.