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Committee debates residency requirement: keep it as-is or flag as unenforceable under state law
Summary
Committee members reviewed a charter residency requirement that is currently unenforceable under Ohio law, discussed whether to retain, annotate, or remove the provision, and asked staff to add explanatory notes to published charter copies.
The Charter Review Committee revisited a long-standing charter provision that would impose residency requirements for city employees and officials, a clause committee members noted is currently unenforceable under Ohio law.
Committee members referenced a 2010 Ohio Supreme Court decision that prompted similar cities to treat residency provisions as unenforceable. A staff presenter noted that if the state law changes, the charter provision could take effect again: "If the law changed, then our charter would take effect," a staff member said.
Members discussed practical consequences and enforcement. One committee member said the provision in practice provides little clarity about consequences for noncompliance and suggested the committee could either remove the language or add explanatory language to published copies of the charter indicating the provision is unenforceable under current state law. Another member suggested adding a parenthetical note in published charter versions: "unenforceable per Ohio Revised Code," to reduce public confusion.
The committee did not propose an amendment at the April 14 meeting; members agreed to note the issue for follow-up with legal staff and to consider drafting explanatory language for published charter materials.
