(A) No person shall be appointed to a full-time or part-time position in the service of the city unless he or she resides within a 15-mile radius of the flag pole bearing the American flag in front of the Barberton City Hall for the period during which he or she occupies such position for the city; provided, however, that, the provisions of this section shall not apply to persons occupying positions for the city as of 10-10-1976. Current employees of the city living within the city limits may move out of the city so long as they live within the 15-mile radius.
(B) Any new full-time or part-time employees hired by the city after the effective date of this section who do not reside within a 15-mile radius of the Barberton City Hall shall, as a condition of his or her employment, move within a 15-mile radius of the Barberton City Hall within 365 days after he or she is hired. Any such employee hired after the effective date of this section who fails to move into the 15-mile radius within the appropriate 365-day period shall be terminated from his or her employment by the appropriate appointing authority.
(C) Upon the recommendation of the Mayor, and with the approval of the Personnel Committee of City Council, all residency requirements as provided in this section may be waived or modified on an individual case by case basis. Such written approval from the Personnel Committee shall be conveyed to the Mayor in writing by its Chairperson as a result of a majority vote of the Committee. The waiving or modification of such residency requirements as provided in this section shall not be done to evade the spirit of this section. The waiving or modification of such requirements should only be considered for the purpose of employment, recruitment or retainment of specialized, professional or highly skilled city employees.
(D) The following positions, defined as “department heads”, are required to be residents of the city under § 4.01 of the City Charter:
(1) Director of Safety;
(2) Director of Public Service;
(3) Director of Human Resources;
(4) Director of Utilities;
(5) Director of Planning;
(6) Director of Beautification;
(7) Director of Parks and Recreation;
(8) Building Commissioner;
(9) Health Commissioner;
(10) Fire Chief;
(11) Police Chief; and
(12) City Engineer.
(Prior Code, § 254.04) (Ord. 186-1990, passed 12-10-1990; Ord. 2-1991, passed 1-7-1991; Ord. 187-2004, passed 11-22-2004)