Employee residency among potential ordinances on Xenia ballot

Greene County Courthouse in Xenia, OH  LISA POWELL / STAFF

Credit: Lisa Powell

Credit: Lisa Powell

Greene County Courthouse in Xenia, OH LISA POWELL / STAFF

An ordinance removing language around employee residency requirements may appear on Xenia’s Nov. 2 election ballot, as such language is “unenforceable,” officials say.

The Xenia city council is scheduled to vote next week on whether or not four potential city charter amendments will be presented to voters this fall. One of these removes the charter’s requirement that public employees live within the city limits.

Currently, the residency stipulations in the charter are moot, as Ohio law prohibits municipalities from doing so, according to Xenia law director Donnette Fisher.

Some residents raised concerns about this at council’s Aug. 12 meeting. Former councilman John Caupp said that non-residency indicates an unwillingness to “invest in the Xenia community.”

However, even if that language was left in the charter, Fisher said, the only way to enforce it is to change the Ohio Revised Code.

“I don’t think there’s any appointed officials that are saying we think this is a good law or bad law,” Fisher said. “Simply, the law says we can’t do this.”

Finance director and Xenia native Ryan Duke said that his residency has no bearing on his commitment to the city.

“We are invested in this community. Many of my neighbors are invested in this community,” he said. “So I do take exception to those type of accusations.”

The Ohio Supreme Court ruled in 2006 that municipalities were prohibited from making residency requirements a condition of employment. The Xenia city charter has not been updated since 1998.

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