HUNTINGTON - A Huntington street department supervisor has filed a suit against the city challenging the residency requirements for city employees.
Lucian Kimler filed the suit Jan. 24 in Cabell Circuit Court. In November 2006, the City of Huntington notified its employees they would be terminated from employment unless they provided proof they were a resident of the city.
In the Charter of the City of Huntington, it states that any employee hired after July 1, 2002, must be a city resident.
"Since July 20, 2004, the City of Huntington and the Mayor, have again failed to strictly enforce the residency requirements of the City of Huntington, without exception," the suit says.
A Dec. 13 injunction prevented the city from firing the employees who did not provide proof of residency. On Jan. 22, the court granted summary judgment to the city.
Kimler filed the suit because the order on Jan. 22 did not apply to non civil service employees. The suit states that applying the residency requirements to non civil service employees and appointees violates equal protection rights afforded under the United States Constitution and the West Virginia Constitution.
Kimler seeks a declaration enjoining and restraining the city from terminating employees, including non civil employees.
Kimler is being represented by Bert Ketchum of Greene, Ketchum, Bailey, Walker, Farrell and Tweel. The case has been assigned to Judge David Pancake.
Cabell Circuit Court case number 07-C-60