FOP LEGAL UPDATE:

THE STATE LODGE DEFENDS

THE RESIDENCY STATUTE

AT THE MICHIGAN SUPREME COURT

            In 1999, after many years of effort on the part of the FOP, the Michigan Legislature passed the public employee residency statute.  The law states that a public employer cannot require an employee to live less than “20-miles or another specified distance greater than 20-miles” from the nearest boundary.  It also permits residency to be determined by reasonable travel times between the home and the place of employment.

            Now the first major challenge to the residency statute has arrived at the Michigan Supreme Court.  In response, the Fraternal Order of Police has filed comprehensive and detailed legal briefs in support all public safety employees.

            In 2002, Sgt. Joseph Lash, a Member of FOP Lodge #126, applied at Traverse City to become a police officer.  He bought property in the immediate area outside of the City, and went through the full application process.  In 2004, however, Traverse City refused to hire him, claiming that his property was not within 20 “road miles” of the City’s limits.  The City further claimed that a labor contract with its police officers [not an FOP unit] permitted them to bar his hiring.

            Sgt. Lash filed a law suit to enforce the residency statute, but lost at the Circuit Court.  He then appealed to the Michigan Court of Appeals, and the State Lodge of the FOP came to his assistance on the appeal.  The State Lodge filed a legal brief in support of Sgt. Lash, pointing out that as an applicant, Sgt. Lash could not be denied employment based upon a labor contract that covers employees.

            The State Lodge further argued that the term “20-miles” in the residency statute means “straight-line” miles as measured by the ruler – not “road miles,” which can be manipulated by changing the routes of travel.

            The State Lodge was the only organization to file legal briefs at the Court of Appeals on behalf of all public safety employees.  And in June, 2006, the Court of Appeals reversed the Circuit Court and agreed with the FOP.  Sgt. Lash was permitted to pursue his legal claims against Traverse City, and the “Straight-Line Rule” was adopted by the Court of Appeals.

            Traverse City has now appealed to the Michigan Supreme Court, bringing the first major challenge to the residency statute into the halls of the State’s Supreme Court.  The Supreme Court’s decision will impact every public employee in Michigan – and once again the FOP has gone to Court on behalf of its members.

            In September, 2006, the State Lodge filed a legal brief at the Michigan Supreme Court that gave even stronger support to its position that the residency statute means “straight-line” miles, and not “road miles.”  Numerous decisions in Courts across the country were cited – and all of them have adopted the “Straight-Line Rule”.  In addition, the State Lodge has pointed out that over the last 60-years, the Michigan Courts have also used the “Straight-Line Rule” to measure various distances that are written into many of the State’s laws.

            The FOP is the only organization which has stood by the public safety employees of Michigan all the way through this important appeal process. The Supreme Court’s decision will set a precedent for the future – and the FOP will be there to protect the rights of all who serve.

            The law firm of Alonzi, Porter & Associates, LLC, in Pontiac, Michigan, has represented the State Lodge at both the Michigan Court of Appeals and Michigan Supreme Court.  The law firm’s lawyers are unique in that they have over 40-years of combined law enforcement experience, and are active members of the FOP.  The law firm represents public safety and corrections officers in criminal defense, as well as administrative and civil litigation, and is a member of the Professional Law Enforcement Association [PLEA].  The law firm’s website is at www.lawfirm911.net.