Residency case- at the Ohio Supreme Court January 20, 2009.
Watch the archive here:
City of Lima vs State of Ohio
City of Akron vs State of Ohio
Ohio revised code- Title 9, section 481
9.481 Residency requirements prohibited for certain employees.
(A) As used in this section:
(1) “Political subdivision” has the same meaning as in section 2743.01 of the Revised Code.
(2) “Volunteer” means a person who is not paid for service or who is employed on less than a permanent full-time basis.
(B)(1) Except as otherwise provided in division (B)(2) of this section, no political subdivision shall require any of its employees, as a condition of employment, to reside in any specific area of the state.
(2)(a) Division (B)(1) of this section does not apply to a volunteer.
(b) To ensure adequate response times by certain employees of political subdivisions to emergencies or disasters while ensuring that those employees generally are free to reside throughout the state, the electors of any political subdivision may file an initiative petition to submit a local law to the electorate, or the legislative authority of the political subdivision may adopt an ordinance or resolution, that requires any individual employed by that political subdivision, as a condition of employment, to reside either in the county where the political subdivision is located or in any adjacent county in this state. For the purposes of this section, an initiative petition shall be filed and considered as provided in sections 731.28 and 731.31 of the Revised Code, except that the fiscal officer of the political subdivision shall take the actions prescribed for the auditor or clerk if the political subdivision has no auditor or clerk, and except that references to a municipal corporation shall be considered to be references to the applicable political subdivision.
(C) Except as otherwise provided in division (B)(2) of this section, employees of political subdivisions of this state have the right to reside any place they desire.
Effective Date: 05-01-2006
From the Ohio Constitution: Article 18, section 7
§ 18.07 Home rule
[ View Article Table of Contents ]
Any municipality may frame and adopt or amend a charter for its government and may, subject to the provisions of section 3 of this article, exercise there under all powers of local self-government.
(Adopted September 3, 1912.)
11/9/08
Ohio Supreme Court will hear the Akron and Lima cases at 0900hrs on January 20, 2009
6/1/08
Ohio 2nd District court of appeals reached a decision on the "City of Dayton vs State of Ohio" residency case. (Ruled in favor of the State of Ohio)
5/22/08 (Updated 6/12/08)
Ohio 8th District court of appeals has reached a decision on the
"City of Cleveland vs State of Ohio" residency case.
May 8th, 2008
The Ohio Supreme Court announced that they would hear the
City of Lima Vs State of Ohio residency case. The Akron case
requests to consolidate the case with Lima and accelerate the hearing.
Cleveland.com Story
Tax Return Case in front of Supreme Court By Joe Diemert
Case: September 21st 2005,
Residency Across the United States
There have been many of our members that think that residency requirements are only a problem in Cleveland.
Attached is a list of other States that have overturned residency requirements, you will see this is a trend across
the United States.Our local is just one of many different organization across Ohio that have fought for the rights of
their members and their member's families.
The 9th District court in Akron ruled in the City's Favor
Click Here for the Brief
attorney from Attorney General's Office vs the City of Cleveland
The Courts Ruling is not out. It will be posted here when we receive it.
Cleveland Firefighters
216-252-5900
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