State legislature passed a law outlawing residency requirement practice in 2006, and the Ohio Supreme Court upheld the new law in 2009 after several cities challenged it.
In Lima v. State, Ohio Supreme Court ruled Ohio Revised Code “prevails over conflicting local laws.”
According to the lawsuit, “allowing city employees more freedom of choice of residence provides for the employees’ comfort and general welfare.”
The section generally prohibits cities from requiring employees, including city managers, to live in any specific area of the state as a condition of employment.
Ashley Combs, whose term of employment began on March 4 lives in West Chester Twp. Combs declined to comment on this matter.
Credit: Nick Graham
Credit: Nick Graham
Some residency restrictions are permissible, though. Local firefighters, police officers and other emergency responders may be restricted to living within city limits.
This is due to a division of Ohio law which states local government can require certain employees. like first responders, to live in the city “to ensure adequate response times.”
Journal-News reported in 2019 Butler County jurisdictions were enacting residency requirements despite the prohibition by writing it into contracts with their managers.
Fairfield does not have a residency requirement in its charter, but in the current city manager’s contract, Scott Timmer agreed to relocate to the city within one year from the date of his original appointment and has done so.
Hamilton’s was repealed in 2009. Oxford requires that members of its Public Arts Commission be residents of the city, but has no other residency requirement in its charter.
Former Middletown city manager and current councilman Paul Lolli did not have a residency requirement in his employment contract as city manager.
Last August, Middletown city council considered letting residents decide if the residency requirement in the charter was needed.
Mayor Elizabeth Slamka said it would be fair to have citizens consider the charter change if the search is regional and would allow the city manager to live close but not necessarily in the city.
The charter change did not make it to any public voting ballot, which would be necessary for a change.
In a recent discussion, Slamka was familiar with the state law and said she would look into the matter with legal if it’s something council and citizens were interested in.
Combs was appointed unanimously by city council as Middletown’s next city manager.
She has worked for the city for nine years in various leadership positions. At 38, she is the youngest city manager in Middletown history and is the second female to serve in the role.
Combs and Nathan Cahall, the city’s two assistant managers, took turns serving as acting city managers after Paul Lolli’s abrupt retirement in July 2024.
Cahall served as acting city manager for five months and Combs for just over two months as council evaluated their performance before deciding whether to conduct a national, or at least a regional, search.
Council appointed Combs in March before she finished her six month tenure as acting city manager.
Since 2019, Middletown has had six city managers either in acting or permanent roles, who were fired, signed separation agreements or resigned.
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