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(a) Every employee shall be a resident of the City of Toledo unless they have been granted a waiver.
(b) Pursuant to Section 61 of the Charter of the City of Toledo, if the Firefighter has established and maintained his residence outside the limits of the City of Toledo prior to November 7, 1972, the Firefighter shall be allowed to continue such residency during his employment with the City of Toledo.
(c) An employee of the City who wishes to seek a waiver of the residency requirement shall apply in writing to the Department of Human Resources on the application form provided by the City. The employee must set forth the facts meeting the Charter criteria that non-residence of such employee would be in the best interest of the City and that justice to such employee requires waiver of the residency requirement. Based upon the documentation presented, the City's Chief Executive will make a determination as to whether the Charter criteria have been met. The decision of the Chief Executive shall be considered final. The Chief Executive may at his/her option grant temporary, limited, or conditional waivers as he/she sees fit.
(Ord. 463-03. Passed 5-27-03.)
The services performed by the Department of Fire & Rescue Operations are essential to the public health, safety and welfare. The Union and the City, therefore, agree there shall be no interruption of the work for any cause whatsoever nor shall there be any work slowdown or other interference with services. Firefighters may be required to go through picket lines where an emergency exists or is believed to exist, to protect the public health, safety and welfare. Steps will be taken by the City to ensure that Firefighters will not be considered strikebreakers.
A Local 92 representative shall have no authority to take strike action or any other action interrupting the City's operation. The City will not engage in a lockout of the Firefighters during the term of this Title of the Code.
If any Article or Section of this Chapter 2125 of the Code or of any rider thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Chapter of the Code or any rider thereto, or the application of such Article or Section to persons or circumstances other than these as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby.
It is the intent of the City and the Organizations that should any Article or Section of the Chapter of the Code be held invalid or inoperable, that Section or article shall be renegotiated in an attempt to provide validity, operability or acceptability to such Section or Article.