PERRYSBURG – The Sixth District Court of Appeals has upheld a May 2010 ruling by the Wood County Court of
Common Pleas in favor of the city concerning residency requirements for two of its police unions.
The Feb. 11 ruling additionally orders the appellants – the Ohio Patrolman’s Benevolent Association,
Police Sgt. Jack Otte, and city communications officer Mary Karafa – to pay the costs of the appeal.
Otte is a director and member of the Sergeants Bargaining Unit, and Karafa is a director and member of
the Communications Officer/Animal Control Officer Bargaining Unit.
The Court of Common Pleas had originally ruled that the residency requirements were part of the units’
agreement with the city and not in violation of Ohio law.
According to the ruling, the appellants argued that the trial court had not applied a portion of the Ohio
Revised Code governing public employee collective bargaining, and that "CBA residency provisions
are not requirements contemplated" under another law allowing "political subdivisions" to
require residency for employees in a county or one adjoining to aid in response time in cases of
emergency.
Under the collective bargaining agreement, members of the sergeants unit are restricted to living in
Perrysburg city; Perrysburg, Middleton, and a portion of Webster townships; Rossford; Haskins and
Maumee. Members of the CO/ACO unit are to live in Wood County or Lucas County.
"Because we agree that the residency provisions are valid and enforceable, we affirm the trial
court’s judgment," the ruling stated.
"Obviously we agree with the decision of the court of appeals," said Perrysburg Law Director
Mathew Beredo, "and we appreciate that both the trial court in its review and the appeals court in
its review" have confirmed the city’s position regarding the effect of the residency provision in
the collective bargaining agreement.
The majority opinion was written by judges Peter Handwork and Mark Pietrykowski. Judge Thomas Osowik
dissented.
