Ohio Supreme Court: Ohio Legislature Can Prohibit Local City Residency Requirement for Own Employees.

This morning a divided Ohio Supreme Court ruled that the Ohio General Assembly can prohibit political subdivisions and municipalities – including those organized under home rule charters – from requiring city employees to reside within city limits. Lima v. State, 2009-Ohio-2597. In that case, the challenged state statute -- Ohio Revised Code § 9.481(B)(1) -- states that “no political subdivision shall require any of its employees, as a condition of employment, to reside in any specific area of the state.” The cities of Lima and Akron challenged the constitutionality of the statute, which conflicted with local ordinances. However, the Court’s majority upheld the constitutionality of the statute: “R.C. 9.481 was enacted pursuant to Section 34 and that it prevails over conflicting local laws, because no other provision of the Constitution can ‘limit or impair’ laws enacted pursuant to Section 34.”

Insomniacs can read the Court’s full opinion at http://www.sconet.state.oh.us/rod/docs/pdf/0/2009/2009-ohio-2597.pdf.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.