Mayor hopes city employees will still live in city

Dayton Mayor Rhine McLin and City Manager Rashad Young speak on Wednesday, June 10, about the Ohio Supreme Court's ruling that a state law banning residency restrictions is constitutional. City employees will no longer be required to live within Dayton city limits.

Staff photo by Chris Stewart Dayton Mayor Rhine McLin and City Manager Rashad Young speak on Wednesday, June 10, about the Ohio Supreme Court's ruling that a state law banning residency restrictions is constitutional. City employees will no longer be required to live within Dayton city limits.

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By Thomas Gnau and Joanne Huist Smith
Staff Writer Updated 5:40 PM Friday, June 12, 2009

The first telephone call that former city of Dayton employee Victor Pate made after learning the Ohio Supreme Court had upheld a state law banning residency restrictions was to his family. The second call went to his lawyer.

Pate was fired in 2007 after challenging the city’s employee residency rule.

“This is an obvious win and, a relief,” Pate said of the Wednesday, June 10, ruling. “My family has been hurt by this.”

In 2006, the Ohio General Assembly passed a law banning local jurisdictions from imposing residency requirements. Cities, including Dayton, Toledo, Akron, Lima and Cleveland, challenged the law, saying it violated cities’ home rule authority to self-governance.

The court decided the Akron and Lima cases on Wednesday. Other cases, including Dayton’s, had been held pending Wednesday’s decision.

Pate, who now lives in Florida, is one of 53 city employees fired for living outside the Dayton limits since voters in 1987 amended the City Charter to include a residency rule as a condition of employment.

“Today’s ruling is basically a slap in the face to the citizens of Dayton who clearly voiced their opinion on this issue more than 20 years ago...” Dayton City Manager Rashad Young said.

It is not clear yet how the ruling will impact employees who were fired because of residency, but those discussions are coming, Young said.

City employees were cautioned to wait out the legal process. Those who didn’t are few in number, Dayton Mayor Rhine McLin said. On Wednesday, she asked city employees to stay the course.

“To city employees who work and have lived here, I hope they continue to stay and be ambassadors for Dayton,” she said.

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