Excerpts from CookCountyRecord.com:
A federal appeals court recently ruled that the village of Melrose Park had the legal right to terminate a firefighter for not meeting its residency requirements, rejecting the firefighter's claim that his dismissal violated due process. The case involved John Cannici, a former firefighter who was fired after the village found he wasn’t living in Melrose Park full-time.
The U.S. Court of Appeals for the Seventh Circuit in Chicago upheld the dismissal of Cannici’s due process and equal protection claims. The three-judge panel confirmed that the village followed all required procedures under Illinois law before terminating him, including providing written charges, a formal hearing, and the chance to present evidence.
According to Melrose Park’s village code, all officers and employees must be residents of the village unless exempted by the ordinance. Cannici had lived in Melrose Park until 2008, when he moved to Orland Park with his wife and two children. While on duty, he continued to reside in Melrose Park but spent weekends with his family in Orland Park, which led to allegations of violating the residency rules.
During a review by the Board of Fire and Police Commissioners, the village determined that Cannici’s living arrangement did not meet the residency requirement. He argued this process violated his constitutional rights, but the court found no basis for such a claim.
“In fact, [Cannici’s] counsel brought to our attention that a state court judge has already ruled in his favor on the administrative review,†wrote Judge William J. Bauer in the decision. “Therefore, we see no reason to believe that Cannici’s due process rights were violated.â€
The court also referenced a Supreme Court ruling that states the Equal Protection Clause is generally not applicable in cases where government employers make individualized personnel decisions that appear arbitrary or irrational. Based on this precedent, the court concluded that Cannici’s equal protection argument lacked merit.
This ruling reinforces the idea that local governments can enforce residency requirements for public employees as long as they follow proper procedural steps. It also highlights the importance of adhering to both legal and administrative guidelines when making employment decisions.
Thanks, Dan
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