Residency Requirments

[Mark1075]

What is the name of your state? West Virginia

I work for a municipal fire dept. in WV and we are a fully paid, professional fire dept. Each member since 1984 has been restricted to a residency requiremnt of 10 air miles from our main firehouse. This is common practice in many municipalities. However, due to explosive conomic growth in our region, housing costs are through the roof and every neighborhood is overrun by student housing. Each member abides by this law because the consequnces are severe...termination no questions asked.

A few months ago a new guy was leaving for the military and could not find a three month lease. He therefore moved back in with his parents in Pittsburgh until he left for the miltary. Needless to say, the F.D. adminstation got wind of where he was living (outside the 10 miles) and is trying to terminate him. Myself as a Union Officer feel that there are extrordinary circumstances in this case and would like to save his job.

Does anyone know the legalities of this. Does it infringe on an individuals right to travel, own property, and persue happiness as outlined so many yaers ago? By the way, the state of Ohio has ruled residency requirements for municipal employees unconstitutional and the City of Huntington, WV has also granted it's employees an injunction on residency requirments. Any help appreciated.

 

[ellencee]

What is the name of your state? West Virginia

I work for a municipal fire dept. in WV and we are a fully paid, professional fire dept. Each member since 1984 has been restricted to a residency requiremnt of 10 air miles from our main firehouse. This is common practice in many municipalities. However, due to explosive conomic growth in our region, housing costs are through the roof and every neighborhood is overrun by student housing. Each member abides by this law because the consequnces are severe...termination no questions asked.

A few months ago a new guy was leaving for the military and could not find a three month lease. He therefore moved back in with his parents in Pittsburgh until he left for the miltary. Needless to say, the F.D. adminstation got wind of where he was living (outside the 10 miles) and is trying to terminate him. Myself as a Union Officer feel that there are extrordinary circumstances in this case and would like to save his job.

Does anyone know the legalities of this. Does it infringe on an individuals right to travel, own property, and persue happiness as outlined so many yaers ago? By the way, the state of Ohio has ruled residency requirements for municipal employees unconstitutional and the City of Huntington, WV has also granted it's employees an injunction on residency requirments. Any help appreciated.

The employee made a poor decision when he chose to make the move without clearing such a move with his employer.

As a union officer, you have the duty to uphold your contract agreement; and, the agreement states "ten air miles". Your time of action was before the move ended the employee's eligibility for employment.

You stated there was student housing. Student housing most definitely offers three month leases. His previous landlord could have extended his lease month to month, especially for a military man, and especially if his union officer had advocated on his employee's behalf. I bet another fireman would have given the man a place to sleep when he was on duty; he could have gone home to mom and pop on his days off.

It was workable before the move; but, I see no reason the employer has to enter any negotiation after the fact.

I'd kind of feel more reassured if I had confidence in our military personnel's knowing right from wrong and not expecting the court to bail them out of breaking "the law". Wouldn't you?

EC

 

[Mark1075]

The employee made a poor decision when he chose to make the move without clearing such a move with his employer.

As a union officer, you have the duty to uphold your contract agreement; and, the agreement states "ten air miles". Your time of action was before the move ended the employee's eligibility for employment.

You stated there was student housing. Student housing most definitely offers three month leases. His previous landlord could have extended his lease month to month, especially for a military man, and especially if his union officer had advocated on his employee's behalf. I bet another fireman would have given the man a place to sleep when he was on duty; he could have gone home to mom and pop on his days off.

It was workable before the move; but, I see no reason the employer has to enter any negotiation after the fact.

I'd kind of feel more reassured if I had confidence in our military personnel's knowing right from wrong and not expecting the court to bail them out of breaking "the law". Wouldn't you?

EC

Welcome to my city....First there is no contract with the Union. We were denied that right along time ago. Second, leases are only signed May to May period unless you have resided there for more than (for arguments sake) 2 or more yaers. Landlords in this town are shrewd and there is no lack of students wanting to sign a one year lease and only live there 8 or 9 months. Its tough to get a lease signed outside of the school year.

As for the employee, he knows that his decision was wrong and he is willing to accept the consequences. However, the environment in our workplace does not exist as to where an employee can come and ask for help...period. This member may have been advised by senior officers to do what he had to do because any help from the Chief does not exist.

I also do no consider this as to breaking the law that is worthy of termination. Keep in
mind that this situation hapened virtually overnight and once members found out about it, many offered their homes to this man. He asked the administration that if he complied immdiately could his job be saved. The answer....irrefutibly is NO! Also, this individual has yet to request and Union assistance. Therfore he is not asking "us" to save his job.

Finally, keep in mind that there has been a large investment made into this individual. Approximatley 60K plus for the first year. This includes training, gear, salary and benefits. Why fire the guy and start from scratch? Why? Beacuse they can! There is no other reason. Thats what happenes when top administrators are given power without the benefit of a college education.

Thanks for the insight....I look forward to hearing from you.

 

[Gadfly]

Hold on. No contract with the Union? Then just what is your purpose?

 

[mitousmom]

What do you mean when you say he was going into the military? Has he been called up for military duty as a part of whatever we're doing in Iraq? Is he still serving in the military or is he back at work? How could he live with his parents in Pittsburgh and work in West Virginia? Is Pittsburgh in commuting distance of West Virginia?

 

[pattytx]

What do you mean when you say he was going into the military? Has he been called up for military duty as a part of whatever we're doing in Iraq? Is he still serving in the military or is he back at work? How could he live with his parents in Pittsburgh and work in West Virginia? Is Pittsburgh in commuting distance of West Virginia?

Not a good commute, but doable. Once while in Pittsburgh area, I went to a casino in WV. About a 90-minute drive.