Cleveland Firefighter Ordered Back to Work

The Cleveland Plain Dealer reports that the Eighth District Court of Appeals has ordered the City of Cleveland to reinstate William R. Ruck, a firefighter who the City fired for allegedly living in Olmsted Township. The Court's decision (Case No. 89564) affirmed the Trial Court's decision reversing the City Civil Service Commission's decision to terminate Ruck for allegedly living outside City of Cleveland limits. The Appeals Court held that the Trial Court's decision was supported by reliable, probative evidence that Ruck lived and voted in Cleveland and only used a second Olmsted Township property he owned for a business that he operated. As a result, the decision did not hinge on whether the City's residency requirement was constitutional or otherwise legal. In May of 2006, Ohio passed a law abolishing  residency requirements through enactment of O.R.C. Section 9.481 (SB 82). Read our prior post about the City's lawsuit over residency requirements.