On the Rule of Law: Why the City of Lynn should fulfill its obligations relative to residency.
This is the official response of the Lynn Police Association (LPA) in addressing the recent legal developments and representations of the City of Lynn’s Solicitor Office in regards to the residency issue.
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 recent responses and public commentary from the City Solicitor’s office demonstrate a complete and utter disregard for these responsibilities as well as a height of hypocrisy when they claim that the city’s charter somehow has relevance in the matter. In fact, it was the opinion of City Solicitor Michael Barry in 2001, writing on behalf of the Residency Compliance Commission, that the “City of Lynn…withdraw its appeal of” the original 2000 Superior Court ruling, effectively agreeing to the legal reasoning and holding of the decision. In this letter, Mr. Barry noted the commission did not object to an arbitration decision under which police officers were exempted from the residency requirement. In 2001, an arbitrator had ruled that those police officers not residing in the city prior to May 14, 1999 would be exempt from the residency requirements. This 1999 date is clearly outside of the mandates of the city charter which specifies, “that all police officers appointed after January 7, 1980 will be governed”…by residency requirements.
What does this mean? Simply put, the Residency Compliance Commission has amended by virtue of their actions, what they say we cannot through bargaining. They have amended by virtue of their own hand what they say is sacred. The Lynn Police Association would urge the city and its Mayor to fulfill their lawful obligations—police and fire are not unlike the teachers who are exempted through state statute from the residency requirement. It is time to move forward. Many of us were raised in Lynn and many will remain even after the resolution of this matter. Lynn is a great city and the officers who work for the citizens of Lynn are dedicated to serving the community, regardless of where they live.
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