Huber Heights Councilman Seth Morgan announced Wednesday he is resigning from his council seat, effective Saturday.
Morgan’s residency was recently called into question by another councilman.
Morgan’s wife filed for divorce in October 2019, according to court records. Since then, Morgan said he and his three children have been living with his parents in Beavercreek.
Huber Heights Mayor Jeff Gore said under state law Morgan was still a resident of the city if he intended on moving back into the city. Morgan informed Gore on Wednesday that his housing search was “taking him outside of the city” and that his intention to return had changed, Gore said.
“I’ve given the council as much as I can,” Morgan said.
Morgan, a former state representative, said he still doesn’t own property anywhere else, but hopes to move out of the city.
In October, Morgan told Gore and Gerald McDonald, legal counsel for the city, about his living situation, according to public records obtained by the Dayton Daily News.
In January, Councilman Glenn Otto filed a complaint against Gore, alleging that the mayor failed to perform his duties by not enforcing the section of the charter that states a council member must live in the city, according to the complaint.
When he fist learned of the situation, McDonald said if Morgan planned to return to Ward 3 in Huber Heights, temporarily staying with his parents was not an issue, according to public records.
Morgan addressed his living situation at the city council work session on Feb. 4. His residency was also discussed in executive session at the Jan. 21 city council work session, said Huber Heights Clerk of Council Tony Rodgers.
At the Feb. 10 city council meeting, Vice Mayor Nancy Byrge gave her findings on Otto’s complaint. Byrge concluded the mayor didn’t violate the charter or other rules by not removing Morgan from council.
In divorce papers, it shows Morgan petitioned in November for his home be put up for sale, which would have made him no longer a resident, Otto said.
Otto sent this information to the city’s legal counsel on Jan. 16, prompting McDonald to send an email on Jan. 17 recommending the mayor begin “removal proceedings” for Morgan because there was evidence for probable cause.
Gore spoke with Morgan on Jan. 16 and met with him on Jan. 19, according to the report. Morgan said he had not listed his home for sale, but only petitioned to list the house for sale in the future. Gore said he believed this information might change McDonald’s opinion on the matter, so he decided not to take action at that time.
Otto said he doesn’t believe his complaint was fully answered.
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