Milwaukee Firefighters Ask to Become Part of City Residency Lawsuit

Aug. 8, 2013
The police union wants a court order forcing the city to abide by a new state law that ends residency rules for all local units of government.

Aug. 08--The attorney for the union that represents Milwaukee's firefighters has formally asked a Milwaukee County judge to allow the local to become a part of the lawsuit filed by the Milwaukee Police Association over the city's residency rule.

Attorney John F. Fuchs, representing the Milwaukee Professional Firefighters Association Local 215, made the request in a court filing with Circuit Judge Paul R. Van Grunsven.

Van Grunsven is hearing the MPA's lawsuit against the city. The police union wants a court order forcing the city to abide by a new state law that ends residency rules for all local units of government. The city, in turn, has said it wants to keep its 75-year-old residency rule in place.

Mayor Tom Barrett and the Common Council have argued that the city ordinance is a lawful exercise of Milwaukee's home rule constitutional authority. The city also argues that its residency law is a matter of local affairs and government.

But the MPA and Local 215 say the city is avoiding state law.

In his motion, Fuchs alleges that in one case the city advised a Local 215 member's lender for an out-of-city home purchase that the member would be fired. Fuchs said that situation may be unique to Local 215.

Under an existing temporary restraining order, the city has agreed not to discipline anyone who chooses to leave the city.

At least seven police officers have moved out of the city. David Seager, Local 215's president, said Thursday he did not know of any firefighter who has moved out.

The state law says municipalities can impose a residency requirement on law enforcement, fire or emergency personnel requiring them to live within 15 miles of the boundaries of the municipality.

Van Grunsven has scheduled a status conference on the case for Sept. 4.

Copyright 2013 - Milwaukee Journal Sentinel

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