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Residency -- Continuing Requirements
A man had served as a Melrose Park, Illinois firefighter for 16 years before he was terminated for violation of the municipality’s residency ordinance. He and his family lived in Melrose Park until 2008 when they bought a home in Orland Park while retaining ownership of their Melrose Park home. During the week, his wife and children lived in Orland Park, while he lived in Melrose Park, spending weekends together in one of the homes. In 2013, he rented the Melrose Park home out, reserving part of the basement for his exclusive use. He kept belongings in the home, paid utilities and taxes, and received all of his mail at the Melrose Park address, but slept in Orland Park between June 2013 and June 2016. In May 2016, the employer requested an interview to inquire about his residency. The Board of Fire and Police Commissioners issued a written Statement of Charges, seeking to terminate his employment. After the hearing, he was fired. A federal appeals court upheld the dismissal of his equal protection and due process claims. An Illinois statute Fire Protection District Act states that “[N]o officer or member of the fire department of any protection district who has held that position for one year shall be removed or discharged except for just cause, upon written charges specifying the complainant and the basis for the charges, and after a hearing on those charges before the board of fire commissioners, affording the officer or member an opportunity to be heard in his own defense.” The court found that this statute did not provide full protection from termination, and that the employer gave the plaintiff what the statute requires: written charges, a hearing, and the opportunity to present evidence. Cannici v. Village of Melrose Park, #17-1424, 2018 U.S. App. Lexis 6461 (7th Cir.).
The
City of Milwaukee has imposed a residency requirement on city employees since
1938. In 2013, the Wisconsin state legislature passed a law banning such
requirements. The city continued to enforce the residency rule, claiming it
could do so under the home rule provisions of the state Constitution. A police
union sued, claiming that the statute trumped the home rule provisions. The
Wisconsin Supreme Court agreed, finding that the statute barred the city from
enforcing its residency requirement. Black v. City of Milwaukee,
#2014-AP-000400, 2016 WI 47, 2016 Wisc. Lexis 155.
A unanimous decision of
an intermediate Ohio appeals court struck down a Cincinnati city ordinance
barring all city employees from living outside the state of Ohio. It found the
city ordinance in conflict with a state law barring the imposition of residency
requirements by political subdivisions with the exception of requiring certain
employees to live no further away than adjacent counties to ensure adequate
response times to emergencies or disasters. With that sole exception, employees
of a governmental entity in Ohio have the right to live anywhere they want.
Because the city ordinance was in conflict with the state statute, it was
deemed void. Cincinnati v. State, #C-110680, 2012 Ohio 3162, 2012 Ohio App.
Lexis 2810.
Ohio Supreme Court, followed by a second ruling
in an appellate court, upholds a statute prohibiting Ohio municipalities from
enforcing residency requirements, even when enacted pursuant to a Home Rule
provision in the state's constitution. Missig v. Cleveland Civ. Serv. Cmsn.,
2010 Ohio 2595, 2010 Ohio App. Lexis 2155 (8th Dist. 2010), relying on Lima v.
State, 122 Ohio St.3d 155, 2009 Ohio 2597, 909 N.E.2d 616 (2009).
Ohio appellate panel rejects a suit filed by a
civil service employee who was terminated for violating a residency requirement.
The employee failed to exhaust his administrative remedies and challenged his
separation by initiating collateral litigation. McNally v. City of Cleveland,
#92697, 2010 Ohio 512, 2010 Ohio App. Lexis 452 (8th Dist.).
Ohio statutes §9.481, which prohibits
municipalities from imposing a residency requirement as a condition of
employment, is a matter statewide interest, controlled by the legislature, and
supersedes home rule powers. AFSCME L-74 v. City of Warren, #2007-T-0110, 2008
Ohio App. Lexis 3298, 2008 Ohio 3905 (11th Dist.).
Ohio appellate court declines to issue a writ
ordering a city to reinstate a police officer who was fired for violating a
municipal residency ordinance, which may be invalid. "...it is
well-established that an administrative appeal is an adequate remedy for
appealing the termination of a police officer." Ohio ex rel. Cleveland
Police Pat. Assn. v. City of Cleveland, #90554, 2008-Ohio-325, 2008 Ohio App.
Lexis 273, 183 LRRM (BNA) 2829 (8th App. Dist).
Four appellate courts overturn a 2006 Ohio law,
R.C. 9.481(B)(1), prohibiting municipalities from enacting residency
requirements. Ohio charter cities may continue to enforce residency regulations
for firefighters, police officers and other employees. City of Cleveland v.
State, #89486, 2008 Ohio App. Lexis 2246, 2008-Ohio-2655 (8th Dist.); City of
Dayton v. State, #22221, 2008 Ohio App. Lexis 2179, 2008-Ohio-2589 (2nd Dist.);
City of Lima v. State, #1-07-21, 2007-Ohio-6419 (3rd Dist.); State v. City of
Akron, #23660, 2008-Ohio-38 (9th Dist.).
Ohio appellate panel affirms a trial court
decision that management failed to prove that a firefighter violated the city's
residency requirement with reliable, probative, and substantial evidence. The
appellant had purchased the second home to operate his secondary business,
installing windows, and not to live in. Ruck v. City of Cleveland, #89564,
2008-Ohio-1075, 2008 Ohio App. Lexis 952 (8th Dist.).
In a 2-to-1 holding, the Sixth Circuit rejects an
appeal by Cleveland firefighters who challenged a city residency requirement on
the right to travel, vagueness and equal protection claims; "it is
rational for a city to treat firefighters differently from other city
employees." Assn. of Cleveland Fire Fighters, IAFF L-93 v. City of
Cleveland, #06-3823, 2007 U.S. App. Lexis 22680 (6th Cir.).
Arbitrator finds that absent a valid state law
prohibiting employee residency requirements, management had just cause to
terminate a police officer for living outside of city. City of Youngstown and
Youngstown PBA, Case #07-50545, 123 LA (BNA) 986 (Skulina, 2007).
N.Y. City requirement that city workers who live
outside the city limits must pay a city earnings tax on all income, as if they
were residents, is valid. Fleming v. Giuliani, #2004-175, 3 N.Y.3d 544, 821
N.E.2d 959 (NY 2004). {N/R}
Arbitrator finds that a firefighter who owned
eight homes was a lawful resident of city, where an investigator based his
conclusions on seeing the firefighter at another property four times in a
70-day period. City of Barberton and Barberton Prof. Fire Fighters, L-329 , 120
LA (BNA) 1268, FMCS Case #040209/52328 (Goggin, 2005). {N/R}
Federal appeals court upholds the termination of
a city employee for residency violations. Although the employee claimed that
management had been aware that he lived only two days per week within the city
limits he failed to prove that the city council was aware of or approved of his
living arrangements. Gusewelle v. City of Wood River, #03-2100, 2004 U.S. App.
Lexis 14088 (7th Cir. 2004). {N/R}
Arbitrator concludes that a 7-mile requirement
means "as the crow flies" and not vehicle miles. Response time has
never been a problem in the city. City of Robinson and Illinois FoP Labor
Council, 118 LA (BNA) 1276 (Suntrup, 2003). [Dec FP 2003]
Illinois appellate court affirms an interest
arbitration award, which overrides a town residency ordinance. A residency
requirement is a bargainable issue in municipalities outside Chicago. Town of
Cicero v. IAFF L-717, #1-01-3931, 788 N.E.2d 286, 2003 Ill. App. Lexis 389, 272
Ill. Dec. 982 (1st App. Dist. 2003). [2003 FP Sep]
Massachusetts appellate court allows a city and
union to agree to a residency requirement for all newly hired officers, and
exempting current employees. Brockton Police Assn. v. City of Brockton,
#01-P-932, 57 Mass.App.Ct. 671, 785 N.E.2d 702, 2003 Mass. App. Lexis 368, 172
LRRM (BNA) 2408 (2003). {N/R}
Arbitrator finds
that a city did not have just cause to discharge a firefighter who owned a
house in the city, but also had a residence outside the city in which his wife
and child resided. The city ordinance did not prohibit employees from
alternatively occupying more than one residence. City of Warren, Ohio and IAFF
L-204, 118 LA (BNA) 129, FMCS Case #02/12588 (Duff, 2003). {N/R}
Members of the Wyoming National Guard who
were dismissed for failing to meet the state's newly enacted residency
requirements are entitled to reinstatement because the requirement violates the
Privileges and Immunities Clause. The decision is grounded on the fact that the
National Guard is peculiarly a federal and state agency. Nelson v. National
Guard Assn. (Wyoming), #00-8039/93, 2002 U.S. App. Lexis 13267 (10th Cir.
2002). {N/R}
Residency requirement of City of Chicago for employees
stationed at O'Hare airport is constitutional. Fedanzo v. City of Chicago,
#1-01-0582, 2002 Ill. App. Lexis 413 (Ill. App. 2002). [N/R]
Arbitrator upholds the termination of a police officer
who claimed that he resided in his cousin's basement, but filed tax returns and
sought a homeowner's tax exemption for property he owns in an adjacent city.
Town of Cicero and IL FOP, FMCS Case #011120/02420-A, 116 LA (BNA) 1322
(Goldstein, 2001). [N/R]
Arbitrator sustains an officer's dismissal. His claim
that a farmhouse was a second home and that he and his wife shared a condo with
his mother-in-law was not credible. Although five or six surveillances, over a
three-month period, were not enough proof, a statement from the in-law and
various documents proved the city's case. City of Columbus and FOP L-9, FMCS
Case #00/01343, 116 LA (BNA) 586 (Kohler, 2001). [2002 FP Apr]
Arbitrator reinstates an officer who had dual
residences, on the condition that he vacates the second home. Cicero (Town of)
and IL FOP L-2, 115 LA (BNA) 8 (Winton, 2000). Also see Cicero (Town of) and IL
FOP, FMCS #99/14409, 115 LA (BNA) 740 (Nathan, 2001). [2001 FP 27-8]
Federal appeals court upholds a requirement that
city firefighters live within the home county. Fiscal ties between the two
governments provided a rational basis for the rule. Kiel v. City of Kenosha,
#00-2651, 236 F.3d 814, 2000 U.S. App. Lexis 31314. [2001 FP 12-13]
Minnesota appellate court holds that the adoption
of a response-time residency requirement is a managerial right, not subject to
mandatory bargaining. Law Enf. Labor Serv. v. Co. of Cook, #C0-99-397, 1999
Minn. App. Lexis 1045 (Unpub.). [2000 FP 19-20]
Boston settles two residency-termination cases where
the workers had homes in the suburbs to accommodate their disabilities.
McDonald v. Menino, #96-10825 and Sheehan v. Menino, 37 (1840) G.E.R.R. (BNA)
1564 (D.Mass. 1999). [2000 FP 27]
A city may enforce a continuing residency
requirement for police officers, even if state's police civil service law does
not have address the subject. Morgan v. City of Wheeling, 516 S.E.2d 48, 1999
W. Va. Lexis 36. {N/R}
Federal jury awards three Calumet City IL
officers $4.75 million. Their terminations for residency violations were found
to be subterfuge for not supporting the mayor's reelection campaign. Mora v.
Genova, #97 C 7765, 1998 U.S. Dist. Lexis 2258 and 13216 (N.D. Ill. 1999).
[1999 FP 93]
Appellate court sustains termination of NYPD
officer. Testimony he lived in the city was not credible; penalty upheld, in
spite of his good service record. Cullen v. Bratton, 658 N.Y.S.2d 26, 1997 N.Y.
App.Div. Lexis 5925. [1998 FP 106]
A demand to exempt firefighters from residency
requirements was a mandatory subject of bargaining in New Jersey. City of Perth
Amboy, NJ PER ¶ 29006 (1998). {N/R}
Fire dept. in N.Y. could not terminate a
probationary firefighter for misrepresenting his address, because residency
requirements are illegal in that state. Castner v. Griffith, 631 N.Y.S.2d 1018
(Sup. 1995). [1996 FP 76]
Missouri appellate court affirms termination of
KCPD officer for violating city's residency rule. Use of his uncle's address
was a sham, as officer principally stayed outside the city with his wife.
Fritzhall v. Bd. Police Cmsnrs., 868 S.W.2d 20 (Mo.App. 1994). {N/R}
City ordinance establishing a residency
requirement was unlawful, because a state law prohibited such requirements.
Ashland (City of) v. F.O.P. L-3, 888 S.W.2d 667 (Ky. 1994). {N/R}
A divided Third Circuit upholds a municipal
continuing residency ordinance, attacked under the Constitution's “Privilege
and Immunities” clause. Salem Blue Collar Workers Assn. v. City of Salem, 33
F.3d 265 (3rd Cir.); cert.den. 115 S.Ct. 1105 (1995). [1995 FP 11]
New Hampshire supreme court upholds
constitutionality of a municipal continuing residency requirement. Seabrook
Police Assn. v. Town of Seabrook, 635 A.2d 1371 (N.H. 1993). {N/R}
N.J. appellate court overturns state employment
relations commission. Residency requirements are not subject to bargaining
laws. Newark v. Patrolmen's Benev. Assn. Local 3, 272 N.J.Super. 31, 639 A.2d
333 (App. 1994). [1994 FP 140]
Federal Court upholds New Jersey city's residency
law, which was challenged on equal protection and privileges and immunities
grounds. Salem Blue Collar Workers v. City of Salem, 832 F.Supp. 852 (D.N.J.
1993). {N/R}
Residency requirements: racially discriminatory
impact. See Newark Branch NAACP v. Twp. of W. Orange, 786 F.Supp. 408 (D.N.J.
1992). {N/R}
Ohio appellate court requires city to bargain
with firefighters over residency requirements. City of St. Bernard v. State
Empl. Rel. Bd., 74 Ohio App.3d 3, 598 N.E.2d 15 (1991). [1993 FP 19]
Georgia supreme court holds that state statute
prohibiting municipal residency requirements does not prevent a city from
enforcing a residential distance limit. Dixon v. Perry, 416 S.E.2d 279 (Ga.
1992). [1993 FP 45]
Iowa Supreme Court upholds a ten-mile residency
ordinance for firefighters, police officers and essential personnel. Court
finds rational relationship between ordinance and employee rights; no
violations of the Equal Protection Clause. Clinton Police Barg. Unit v. City of
Clinton, 464 N.W.2d 875 (Iowa 1991). [1992 FP 44]
Preapplication residency requirement violated the
Equal Employment Opportunity Act. U.S. v. City of Warren, 759 F.Supp. 355 (E.D.
Mich. 1991). [1992 FP 76]
Federal court enjoins N.J. town's residency
requirement for fire, police and other positions. Law had a disparate impact on
nonresident black applicants. NAACP v. Town of Harrison, 749 F.Supp. 1343
(D.N.J. 1990).
Iowa appellate court upholds residency
requirement and sustains officer's termination. Merritt v. Council Bluffs Civ.
Serv. Cmsn., 458 N.W.2d 867 (Iowa App. 1990).
Jury finds that K.C. police internal affairs
investigators trespassed to get evidence that another officer was in violation
of residency requirements. Nominal damages awarded. [Larry] Riebesell v.
[Thomas] Walker [and John Cornell], Jackson Co., Mo., Cir. Ct. (1990).
Marital rights: a fire dept. employee in one
jurisdiction married a firefighter in another; both communities had residency
requirements. The appellate court upheld the termination of the one spouse who
moved, holding that not every regulation relating to the incidents of marriage
is unconstitutional. Campbell v. City of Allen Park, 829 F.2d 576 (6th Cir.
1987). {N/R}
Iowa Supreme Court upholds termination of deputy
sheriff for living outside the county limits. Hawkinson v. Civil Serv. Cmsn.,
431 N.W.2d 350 (Iowa 1988).
Waiver: Wisconsin Supreme Court enforces a
contract provision which waived enforcement of residency ordinance for police
and fire, if the city waived enforcement for other municipal employees. City of
Madison v. Madison Prof. Police Ofcrs. Assn., 425 N.W.2d 8 (Wis. 1988).
Statute can lawfully require firefighters to live
in that state, even though residency within employing city is not required.
Winkler v. Spinnato, 523 N.Y.S.2d 530 (A.D. 1987).
Unequal enforcement of residency policy could
give rise to a civil rights suit, if variances are proved. Prescott v.
Pritchett, 509 So.2d 222 (Ala. Civ. App.), reversing 509 So.2d 227 (Ala. 1987).
Rhode Island holds that “home rule” cities, with
legislative approval, may adopt residency requirements in derogation of state
law. Int. Assn. of Firefighters v. Napolitano, 516 A.2d 1347 (R.I. 1986).
Clause requiring residency for firefighters
unless city waives requirement for other employees, excused enforcement, when
city waived requirement for bus drivers. City of Madison v. L-311 IAFF, 394
N.W.2d 766 (Wis. App. 1986).
Forty-mile residency rule upheld as reasonable;
no need to adopt a travel time requirement. IAFF v. San Leandro, 226 Cal.Rptr.
238 (App., 1986).
Exemptions: City can exempt those who are then
employed from new residency provision; former employees must establish
residency. Hayslip v. City of Akron, 21 Ohio App. 165; 486 N.E.2d 1160.
Residency rules not management prerogatives; may
be subject of bargaining and mandatory binding arbitration. Twp. of Moon v.
Police Officers, 498 A.2d 1305 (Pa. 1985).
Health needs: Hyperkinetic child no excuse for
living in the next state. Chicago's residency law enforced against firefighter.
Hameetman v. City of Chicago, 776 F.2d 636, 1985 U.S. App. Lexis 23822 (7th
Cir. 1985).
Federal court will not interfere with residency
ordinance where state has not ruled residency is a mandatory subject of
bargaining. Kansas City FOP v. City of Kansas City, Kan., 620 F.Supp. 752 (D.
Kan. 1984).
Statutory preemption: New Jersey upholds
anti-residency law, which prevents cities from enforcing their local residency
regulations. Booth v. Twp. of Winslow, 193 N.J. Super. 637, 475 A.2d 644 (A.D.
1984).
Illinois appellate court upholds Chicago's fire
and police residency law. Fagiano v. Police Bd. of Chicago, 463 N.E.2d 845
(Ill.App. 1984), applying decision at 98 Ill.2d 277, 456 N.E.2d 27 (1983).
Illinois appellate court upholds an under-500,000
inhabitants home rule residency requirement for public safety employees. Budka
v. Bd. of Public Safety Cmsnrs., 120 Ill.App.3d 348, 458 N.E.2d 126, 1983
Ill.App. Lexis 2619, 75 Ill.Dec. 958 (App. 1st Dist. 1983). {N/R}
Residency ordinance upheld in Indiana: Fletcher
v. Town of Highland, 461 N.E.2d 147 (Ind.App. 1984).
Hiring preference: City can constitutionally give
preference points to members of their fire or police department and defeat
non-resident candidates. Beccia v. City of Waterbury, 192 Conn. 127, 470 A.2d
1202 (1984).
Arbitrator could find violation of city residency
ordinance was not "just cause" for dismissal. City of Saginaw v.
Saginaw Firefighters Assn., 343 N.W.2d 571 (Mich. App. 1984).
Dual residences is not compliance with
regulation; appellate court upholds termination of firefighter. Civil Serv.
Cmsn. of Pittsburgh v. Parks, 471 A.2d 154 (Pa. Cmwlth. 1984).
Marital rights: City could enforce residency law
against a policewoman that married policeman who was exempt from new law, and
lawfully lived outside the city. City of Denver v. Indus. Cmsn. of Colo., 666
P.2d 160 (Colo. App. 1983).
Employee can have two residences without
violating city residency law; domicile not an issue. Werner v. Dept. of Police,
435 So.2d 475 (La. App. 1983).
Louisiana appellate court upholds residency rule
for new employees, but distinguishes those who lived outside city before rule
adopted. Smiley v. City of Winnfield Police, 438 So.2d 680 (La. App. 1983).
Illinois court rejects firefighter's claim of
city residence; spent too much time with suburban "estranged" wife.
O'Boyle v. Personnel Bd. of Chicago, 456 N.E.2d 998 (Ill.App. 1983).
Appellate court upholds residency law; not void
for vagueness, not unenforceable because of statements of superiors. Eastman v.
City of Madison, 342 N.W.2d 764 (Wis. App. 1983).
Even though department excused others, city could
still enforce residency requirements against employee who was repeatedly
warned. City of Meadville v. Neff, 450 A.2d 1078 (Pa. Cmwlth. 1982).
Union and city can agree not to enforce a
residency requirement, but when agreement ends, those in non-compliance are
subject to disciplinary actions. Murray v. City of Jennings, 639 S.W.2d 220
(Mo.App. 1982).
Promotional preference residency law upheld.
Gallagher v. Mayor of Irvington, 184 N.J. Super. 225, 445 A.2d 477 (N.J.
Promotional preference residency law upheld. Gallagher v. Mayor of Irvington,
184 N.J. Super. 225, 445 A.2d 477 (N.J. Sup'r 1982); rev'd in part, 190 N.J.
Super. 394, 463 A.2d 969, 1983 N.J. Super. Lexis 905 (1983).
State labor commission requires city to bargain
with union over residency issue. City of Boston and Boston Superior Officers
Federation, Mass. Labor Rel. Cmsn. Case #MUP-4071, G.E.R.R. 953:18 (1981).
Employee entitled to fair warning over residency
deficiencies and allowed a reasonable time for compliance. City of Chicago and
Chicago Firefighters L-2 IAFF, 81-2 ARB ¶ 8398, 1981-82 PBC (CCH) ¶ 45,399
(Kelliher, 1981).
• ALR Annotation: Validity, Construction, and
Application of Enactments Relating to Requirement of Residency Within or near
Specified Governmental Unit as Condition of Continued Employment for Policemen
or Firemen, 4 ALR 4th 380 (1981).
Occasional surveillance of firefighter staying
with family outside city not sufficient evidence to warrant termination where
the employee denies a violation of residency rule. Choike v. City of Detroit,
290 N.W.2d 58 (Mich. App. 1980).
Home rule cities may not supercede state law on
residency. Uniformed Firefighters Association v. City of New York, 50 N.Y.2d
85, 405 N.E.2d 679 (1980).
Louisiana appellate court rejects city's
residency law as unrelated to departmental need; firefighter reinstated. White
v. City of Winnfield Fire Dept., 384 So.2d 471 (La. App. 1980).
Minnesota upholds municipal residency rules.
Guttu v. City of East Grand Forks, 294 N.W.2d 735 (Minn. 1980).
Unpublished residency ordinance not enforceable.
Brown v. City of Meridan, 370 So.2d 1355 (Miss. 1979).
Residency rule upheld in North Carolina. Maines
v. City of Greensboro, 259 S.E.2d 334 (N.C. App. 1979).
Illinois appellate court upholds residency rules
for police officer and firefighters. Hoban v. Rochford, 73 Ill.App. 3d 671, 392
N.E.2d 88, 1979 Ill.App. Lexis 2967; 29 Ill.Dec. 531 (App. 1st Dist.
1979){N/R}; Harvey Firemen's Assn. v. City of Harvey, 389 N.E.2d 151 (Ill.
1979).
Meaning of ten mile limit. Burke v. Chief of
Police of Newton, 373 N.E.2d 949 (Mass. 1978).
Neighborhood requirements must be reasonably
drawn. Lanam v. Civil Serv. Cmsn. of Ukiah, 145 Cal.Rptr. 590 (App. 1978).
Retroactivity of rules upheld. Doris v. Police
Cmnsr. of Boston, 373 N.E.2d 944 (Mass. 1978).
Military station not determinative of residency.
Frazier v. Allen, 363 So.2d 542 (La. App. 1978).
Preferences: Residency requirement does not
authorize city to pass over a candidate on eligibility lists; out-of-state
applicant can re-establish residency. Kerr v. Weisenberg, 410 N.Y.S.2d 351
(A.D. 1978).
City residency ordinance cannot contravene state
statutes. City of Atlanta v. Myers, 240 S.E.2d 60 (Ga. 1977).
Adequate proof of non-residency shown. Nigro v.
Bd. of Trustees, Vil. of Alden, 395 N.Y.S.2d 544 (A.D. 1977).
Federal appeals court upholds city law, requiring
non-resident employees to move within city limits. Andre v. Bd. of Trustees of
Maywood, 561 F.2d 48 (7th Cir. 1977).
Equal protection and laches discussed as
defenses. Municipal Civil Serv. Cmsn. of Opelousas v. Myers, 348 So.2d 1334
(La. App. 1977).
U.S. Supreme Court affirms Philadelphia residency
rule in an unsigned order. McCarthy v. Philadelphia Civil Serv. Cmsn., 424 U.S.
645, 96 S.Ct. 1154 (1976), affirming 339 A.2d 634 (Pa. Cmwlth 1975); see also,
Hunter v. Fraternal Order of Police, #75-846, 44 U.S.L.W. 3532 (cert. den.
1976).
CETA employees have employment preference over
non-resident firefighters who were laid off for economic reasons; seniority
rights not applicable. Carritue v. Beame, 395 N.Y.S.2d 573 (Misc. 1976).
Fifth circuit upholds continuing residency
requirement; firefighters forced to move back into city. Wright v. City of
Jackson, 506 F.2d 900 (5th Cir. 1975).
Exemptions: New Jersey residency legislation,
exempting firefighters, denies equal protection to other municipal employees.
Trainor v. City of Newark, 137 N.J. Super. 570, 350 A.2d 83 (1975).
Ohio municipalities may
not impose a residency requirement retroactively. Fraternal Order of Police v.
Hunter, 49 Ohio App.2d 185 (1975).
New Jersey law outlawing residency
requirements for firemen held constitutional; given retroactive effects. Smith
v. City of Newark, 320 A.2d 212 (N.J. Super. 1974).
Chicago Police Board could punish a residency
violation; a confirming civil service rule was not needed. Manion v. Kreml, 131
Ill.App.2d 374, 264 N.E.2d 842, 1970 Ill.App. Lexis 1109 (App. 1st Dist.
1970).{N/R}
Supreme Court recognizes the right of
municipalities to condition public employment with continued residency in the
city. Detroit Police Officers Assn. v. City of Detroit, 405 U.S. 950, 92 S.Ct.
1173 (1972). {N/R}
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