§ 35.11 RESIDENCY REQUIREMENT.
   (A)   Any city employee shall not be required to reside within the corporate limits of the city but may reside anywhere within the county.
(Res. R61-74, passed 11-4-74; Am. Ord. 49-99, passed 6-28-99)
   (B)   For the purpose of this section, EMPLOYEE shall mean all persons working for the city who do not exercise, as such employee, any one of the following elements:
      (1)   The incumbent must exercise independent public duties, apart of the sovereignty of the state.
      (2)   Such exercise by the incumbent must be by virtue of his election or appointment to the office.
      (3)   In the exercise of the duties so imposed, he cannot be subject to the discretion and control of a superior officer.
   (C)   Any person who holds a position lacking one or more of the above elements is an employee and the provisions of R.C. § 733.68 do not apply.
(`63 Code, § 157.11) (Res. R20-73, passed 7-2-73)