The issue of residency and its application to police and fire is not a complicated one: in April of 2000, Salem Superior Court Judge Joseph Grasso ruled that “a declaration enter that a local residency requirement imposed on police by city charter is subject to the collective bargaining requirements of G.L. c.41 § 99A”. Now in 2012, Lawrence Superior Court Judge Richard E. Welch III has again ruled that “Judge Grasso’s decision is persuasive authority that the city charter is not exempted from ch. 41 § 99A’s obligation that any statute that restrict[s] sec. 99A’s 15 mile limit is subject to collective bargaining.” Further, Judge Welch “ordered, judged and declared that judgment be…entered for the [LPA] that residency is a subject of collective bargaining and that a Joint Labor Management Committee Arbitration Award including the issue of residency is enforceable.”
Collectively, these rulings are unequivocal as to the legal requirements of the city and its duty and obligation to bargain its residency requirement with the Lynn Police Association.
The Lynn Police Association welcomes members of the public to access these legal decisions on our website: they are quite clear on the city's obligation to bargain the issue in good faith with police and fire. The original Grasso ruling can be found here, while the recent judgment obtained in 2012 can be found through this link.