Lynn, cops continue residency showdown in Superior Court

LAWRENCE – Attorneys representing the City of Lynn and the Lynn Police Association met in Superior Court Thursday in an ongoing attempt to resolve a dispute over the city?s employee residency requirement and its place in the collective bargaining process.At the hearing, Judge Richard E. Welch said the city made a strong argument in saying that the charter is outside the statute allowing for collective bargaining measures, but asked city labor lawyer George Grunebaum why Welch shouldn?t agree with an earlier court decision that the charter violates a certain statute pertaining to collective bargaining.?If it wasn?t for the statute, you?d win, but the statute exists,” Welch said.Grunebaum said the decision stemmed from “a distinct circumstance from the one here.”?The primary argument here is we have the right to go to an arbitrator to interpret what is in the [police] contract and make a decision to impose or eliminate the requirement,” Grunebaum said.City officials argue that the requirement is outside the scope of bargaining because it is part of the City Charter that was established in 1979. The city filed a lawsuit in March 2011 against the LPA, asking the court to “enter a declaratory judgment that the Lynn City Charter can only be altered through a vote of the city?s electorate and cannot be eroded through the collective bargaining process or arbitration.”Boston attorney Susan Horwitz, representing the LPA, contended that the charter “has no impact on collective bargaining,” and is usurped by state law, which requires police to live within 15 miles of the city for which they work.Law Department attorney Jim Lamanna, who represented the city?s Residency Compliance Commission at the hearing, said the power of the charter is “almost equivalent to state law,” and any amendment to the charter would need to be voted on by the city council, approved by the mayor, and then sent to the state House of Representatives, Senate and governor for approval.The lawsuit argues the residency requirement has improved the quality of life in Lynn by ensuring that well-paid, educated municipal employees are part of Lynn?s demographics.?If police and firemen live in the city, they?re more apt to care about the city,” Lamanna said.The city has also benefited from off-duty officers observing crimes and making arrests, or making impromptu rescue efforts, he said.Numerous police and fire department employees have voluntarily transferred as a result of the residency requirement, Lamanna said, and at least three people have been terminated.City Solicitor Michael Barry said the police association?s attempt to bargain residency and get it out of collective bargaining “shows no respect for the city.”?Our argument is that 85,000 people voted for it,” Barry said. “It?s in the City Charter and the charter overrides any collective bargaining agreement.”Welch said whatever decision he made would “almost certainly go to appeal.”?It?s not that easy, but it?s still got to be decided,” he said.Lamanna said he would expect a decision from the court within the next week or two.Taylor Provost can be reached at [email protected].