1. #1
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    Default Anyone ever fought residency?

    Just wondering if anyone has ever tried to fight the residency rules within their department and if so, how did it go. Thanks
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    I havent myself but for all city employees they have a city residency requirement after your probation period ends (usally 6 to 12 months)
    I know they got a couple of people who's job it is the ck on people.

    But i believe it is in their right to have that as part of the job requirments. The police department here has had some very public incidents of police officers who faced discipline hearings over such.

    One involved his young daughter who was phyicly or mentely handicaped who had his wife and kids living in the county so the child could attend the special school district, the citys schools didnt offer what was needed for the child. was not a very good story. the officer ended up retiring over it ( if i remember he was still alittle short of pension time)

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    Smile Residency

    Detroit fought residency rules for years and finally it was defeated when the state declared it illegal. Firefighters across the state lobbied to have the rule abolished. The state ruled that communities could only require fire and police to live within 25 miles of the city they worked for, which essentially negated any cities residency requirement.
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    Scandall,

    Does "the state" mean a court or legislators or what? This is a very interesting fact that I would love to check up on. Any more information you could give would be very helpful.

    Thanks.
    Life is only temporary, but freedom goes on forever. God bless those who gave all.

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    Default Residency

    The Legislature passed the resolution freeing the police and fire.
    Retired FEO DFD

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    Kurt Vonnegut Jr.

    "The best thing to ever happen to me in my life, has been the priveledge & honor of serving with you men, and the men before you"
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    Hartford, CT still has a residency requirement for the FD. You have to be a Hartford resident at the time of hire.

    The PD got rid of it a few years ago. Rumor is that the next round of applications will not have a residency requirement.
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    We had one person fight ours a few years back and lose. Our requirement is to live within the county and it is included in our collective bargaining agreement with the city.
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    Houston Texas had a problem with it and fought it and won now Port Arthur Texas is making it a requirement for boot strap employment foe a period of 3 years you have to live in the city limits but after the Firefighter is off probation 1Yr they can tell the city to jump and because of case law the city can't fire them...

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    Default

    Originally posted by Adze39
    Hartford, CT still has a residency requirement for the FD. You have to be a Hartford resident at the time of hire.

    The PD got rid of it a few years ago. Rumor is that the next round of applications will not have a residency requirement.
    Close but no cigar. Hartford requires residency for fire at the TIME of APPLICATION. Effectively they do not have a residency requirement at all because you could find someone to rent you his sofa for $5 a day, get a rent receipt, submit your application, and that afternoon send a letter that you were moving out.

    Residency requirements have been successfully challenged based on a restriction of trade and/or restriction of travel argument here in CT and the State Legislature has made residency illegal. Municipalities can still set non-town specific requirements for their employees based on distance, travel time, etc...

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    Post This may interest all of you....

    COLUMBUS, Ohio (AP) - An attempt to bar communities from
    requiring that police, firefighters and emergency medics live
    within municipal boundaries is headed back before a powerful
    opponent.
    Like three similar bills introduced in the Legislature over the
    past 10 years, it's doubtful the residency-requirement measure will
    become law before the House and Senate adjourn Dec. 31.
    However, its fate might be different in the next session. A main
    barrier to passage - Senate President Richard Finan - must leave
    the Legislature when the session ends at years' end because of term
    limits.
    Finan says villages and cities should have the ability to
    determine whether their employees live there. A former mayor, he
    agrees with critics who say he's one of the main reasons the
    legislation continues to fail.
    "It probably hasn't passed because of me," he said.
    Outgoing leaders of chambers have held up bills that had been
    pushed in several Legislatures only to have those measures become
    law following their departure.
    For years, the Legislature stalled bills aimed at giving
    townships more say in annexations, largely because of opposition
    from then-House Speaker Jo Ann Davidson, a Republican from
    Reynoldsburg.
    The annexation bill passed the Senate in 2000 and was
    recommended for passage by a House committee. However, Davidson
    personally opposed the bill, and it died.
    Davidson left the Legislature in December 2000 because of term
    limits. A month later the new Legislature convened and within
    months passed the bill, which had the support of her replacement,
    Speaker Larry Householder. The bill became law in April.
    Rep. Larry Flowers, a former fire chief and a Republican from
    Canal Winchester who sponsored the residency-requirement bill, said
    he will reintroduce the measure next session if necessary.
    Flowers said he understands that communities must have the power
    to decide how to run their governments, but that they shouldn't
    dictate where their employees must live.
    He said the argument that safety personnel must live in a
    community to be able to respond quickly to emergencies no longer is
    valid because many municipalities have agreements to respond to
    emergencies in neighboring cities and villages.
    Although the bill does not let cities require residency within
    their own boundaries, it lets them limit where workers live to
    adjoining counties.
    Mayors of cities hoping to keep a healthy middle-class
    population call the bill an attack on their rights to govern as
    they see fit.
    In 1912, Ohio voters passed a constitutional amendment that gave
    municipalities the right to make their own decisions about matters
    of local self government. That power is known as "home rule."
    An Ohio Municipal League survey shows that 125 of the state's
    251 cities and 13 of its 700 villages have some residency
    requirement for city employees.
    Akron, Toledo, Cleveland and Dayton require employees to live
    within the city, Cincinnati requires residency in Hamilton County
    and Columbus limits workers to adjoining counties.
    Voters have overwhelmingly rejected attempts to repeal residency
    requirements in Akron, Cleveland, Toledo and Dayton.
    Youngstown has required its 1,200 employees to live in the city
    since a 1987 voter-approved charter amendment. The city's
    population has dropped from 150,000 to 82,000 over several decades
    that saw steel mills there close.
    Mayor George McKelvey said the rule helps revitalize the
    blighted community by keeping employed middle-class people in and
    also stabilizes neighborhoods because safety officials live nearby.
    "If your community is good enough to feed you, it should be
    good enough to live in and if you don't agree, go get a job
    somewhere else," McKelvey said.
    He called the legislation, which passed the House last week, out
    of bounds.
    "They must respect local community decisions," McKelvey said.
    "It's called democracy."
    Those who support the legislation say people have a right to
    live where they please no matter where they work.
    Perhaps no other lawmaker knows the effects of residency
    requirements better than Rep. Erin Sullivan, a Democrat who has
    been a House member since 1998.
    She chose not to run for re-election this year so that she and
    her two children could move 15 miles from their home in
    Strongsville to Cleveland. Her husband has lived there since August
    2001, six months after he got a job as a city firefighter.
    "None of my house district includes the city of Cleveland,"
    Sullivan said. "I love this job and leaving it was one of the
    hardest decisions I ever made. But we wanted to live with each
    other with our children."
    Sullivan said her record shows she's a home-rule advocate.
    "But people should have the right to choose where to make their
    home," she said. "Home rule shouldn't rule the home."


    (Copyright 2002 by The Associated Press. All Rights Reserved.)
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    Default

    We had residency but it is now gone.

    We come back to just a few calls a year so comming back wasn't an issue. Now if you live within a certain distance you can come back for calls, otherwise you miss out on the OT.

    We just asked the brass. We used the lack of callbacks as a reason. What did we give up? If you live far away you can't come back on the general alarm, 2nd or higher you can. Even if you are in town already. So, again if you live far out you loose out on an exta few bucks a year.

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    Default

    The US Supreme Court ruled in the case of McCarthy v. Philadelphia that the City of Philadelpia's residency requirement was not a voilation of the employee's COnstitutional right to travel in interstate commerce, and even went as far as to say that the firefighter (a 16 year veteran) did not have a protected right to his job, and that refusal to adhere to the residency requirement was grounds for dismissal.

    A federal court ruled in the case of Hameetman v. City of Chicago that a residency requirment does not violate a person's constitutional right of family association.

    There have been several more court cases regarding residency for firefighters, and the cities usually win. There's even been court cases on what the definition of a residence is- simply renting an apartment in the city is not enough in many cases.

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