Huber Heights: Next council will decide city manager residency issue

Huber Heights City Manager Rob Schommer. CONTRIBUTED

Huber Heights City Manager Rob Schommer. CONTRIBUTED

Huber Heights City Council will decide on a new contract for its city manager during its next session, clearing away an assured veto from outgoing Mayor Tom McMasters.

Mayor-elect Jeff Gore told the Dayton Daily News he would not veto the contract for Rob Schommer if council passes it in the next session. Already on its third reading, deciding the contract’s fate will be a right-off-the-bat priority for the city’s legislature in January.

“We have a lot of work to do, and we can’t do it with the city manager contract in question,” Gore told the newspaper in a statement. “The time of obstruction has passed with the election.”

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Schommer asked council to move the contract to a third reading, which it did Monday amid opposition from McMasters. The soon-to-be-former mayor has preferred an open application process to evaluate candidates other than Schommer for the position.

“I think the public deserves the opportunity to see the candidates out there,” McMasters said at the meeting, before addressing Schommer directly. “When it comes time for you to retire, it would be beneficial for the city to have notice of that retirement and to allow the council in place to do a full evaluation of candidates that would be eligible for the position.”

At issue in Schommer’s new contract is a provision that would pay him an additional $39,000 over three years to establish a residence within the city, but not require him to live there.

Under the contract, a majority of council “shall not unfairly publicly challenge, harass, or in any other way imply that such residency is insufficient” under law.

Schommer, the city manager since 2014, said the contract is designed to settle ongoing questions from citizens, who upheld the city’s existing residency requirement in the May election despite state law prohibiting such requirements.

In addition to covering moving, relocation and ongoing living expenses, the proposed payment to Schommer is also a consideration for him to release Huber Heights from any potential claims he may have against the city.

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Councilman Mark Campbell said he believes the contract is “just a good overall plan” that will bring calm to city government.

“Overall, I think what’s best for Huber Heights is to retain our city manager, who has done a good job,” he said. “I think it answers a lot of the questions staff have in terms of stability.”

Linda Morin, who lost by 17 percent to longtime councilman Campbell in November’s Ward 5 council election, publicly spoke out against the contract during the council meeting during public comments.

“I think there are things in here that are unnecessary and are going to cost the taxpayers too much money,” she said. “I think it should just be tabled and leave Mr. Schommer under the contract he is under and move the city forward.”

Councilman Glenn Otto made an unsuccessful motion to table the new contract — effectively an attempt to keep the old contract indefinitely and, he said, “be done with it and let it go.”

A supporter of Schommer also addressed council. Retired police officer Gerry Gustin, who served more than two decades in the Huber Heights Police Division, said he “cannot believe how much time has been spent on this issue.”

“The man’s been dedicated to public service his entire life,” Gustin said. “Through it all, he spent all his time here. Every time we got called on something horrible, he was there — the first one there, by the way.”

Gustin pointed out that past city managers have lived outside the city without issue.

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The Huber charter, written in the 1980s, requires the city manager to live in the city. But Ohio lawmakers in 2006 passed a law prohibiting cities from enacting and enforcing residency requirements.

After legal challenges and appeals, the Ohio Supreme Court upheld the law in 2009. About 130 cities and villages in the state had some type of requirement then.

In May, Huber Heights voters rejected a proposal to repeal the charter section requiring that the city manager live in the city. The issue failed 60-40 percent.

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