LYNN – Members of the Residency Compliance Commission voted unanimously Thursday to hold hearings for five of six municipal employees accused of violating the city’s live-where-you-work law.Police Sgt. Eugene Cusack, Fire Lt. Marcel Thivierge, firefighters Richard Denham and Micheal Ortiz, and school cafeteria worker Mia Lee will each be called in for a hearing before the five-member commission in the coming weeks. Those in question will be asked to dispute evidence examined by commissioners Thursday that shows they do not live in Lynn and provide proof that their primary residence is within city limits.City Solicitor Michael Barry did not reveal the name of the sixth person, saying only the investigation into that employee’s primary residence was tabled Thursday.Cusack earned $98,680 in 2009, followed by Denham at $78,713, Thivierge at $68,398 and Lee at $33,529.Ortiz, who earned $57,532 in 2009, has had numerous run-ins with the Lynn Police for alleged conflicts with his girlfriend. Ortiz was arrested for assault and battery in August 2008 following an alleged attack on his then-girlfriend and her brother. He was arrested a second time that month for allegedly violating a restraining order and arrested again this month, also for allegedly violating a retraining order.At the time of his first arrest, Ortiz’ former girlfriend told police he falsely claimed to live with her in Lynn so he could comply with the residency law to keep his job. Ortiz had previously been found to be living with his wife in Medford and was required to move into Lynn or lose his job. He was also suspended from the Fire Department for two days in March 2008 for an undisclosed incident. He is due back in Lynn District Court on Monday.The residency ordinance was adopted by the City Council in 1939 and voters in 1979 approved it as part of the City Charter. However, the law had never been enforced until 1999, when the City Council created the compliance commission. Since then, anyone municipally employed, except school teachers, hired on or after May 14, 1999 are required to live in Lynn or face termination. Not every mayor since has enforced the law.The current Commission is made up of Barry, Mayor Judith Flanagan Kennedy, City Clerk Mary Audley, City Personnel Director Joe Driscoll and former City Council President James Cowdell, who was appointed as the council’s representative to the commission and remains in that role even though he has since stepped down from the City Council to become executive director of the Lynn Economic Development and Industrial Corp.The commission’s first vote Thursday was to unanimously appoint Kennedy as its chairman.As a city councilor prior to her being elected mayor, Kennedy said she did not support the law in principle, but would abide by whatever the City Charter decreed. Since her election, several city employees had flaunted the fact they live out of town in an apparent challenge to the ordinance.
