Joe P. Harmon sat in the back of the Montgomery County Common Pleas courtroom intently listening as lawyers argued the constitutionality of the city of Dayton’s employee residency rule.

Though the cases before the court on Friday, May 30, were those of fired city employees Victor Pate, a traffic signal electrician, and Mark Paxson, a community development analyst, Harmon took the proceedings personally.

He was ensnared in a nearly decade-long legal battle with the city after being fired for staying overnight at his mother’s home in Centerville five times in about 45 days. He lost.

“I know the impact this law has on personal lives. In my case, I would argue, even today, that I was a resident of the city,” he said.

Despite a ruling Friday by the Second District Court of Appeals that upheld a state law prohibiting municipalities from requiring its employees to live in specific areas, Dayton city leaders say that residency remains a requirement of employment, pending an appeal.

“We will be advising all employees that our residency requirement will continue to be enforced. We expect all employees to live in the city,” Dayton City Manager Rashad Young said.

The Dayton requirement says city employees must reside in Dayton. The Civil Service Board uses a five-day standard to charge employees with a violation of the requirement. The city launches investigations often based on tips, Young said.

Harmon is questioning how much enforcement of the residency rule costs the residents of Dayton for investigators, legal fees and court costs. It was not a question city officials could answer Friday.

“The rule is a boondoggle from a public policy perspective, a gigantic waste of money that really does nothing in the way of providing a public service,” Harmon said.

In 2005, the city earmarked up to $108,600 to pay for private investigations of employees suspected of violating the residency rule and $103,000 was set aside in 2006.

“They watch you going to work, they watch you coming home from work,” Harmon said. “What does that have to do with how you do your job?”