Lorain/Elyria, OH
Police union, 5 officers sue city of Elyria, demand tenure limit be enforced
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ELYRIA — The Elyria police union and five police officers sued the city Wednesday, demanding that city leaders enforce a 1972 ordinance that bars police officers from remaining on the job for more than 35 years.
But Elyria Law Director Terry “Pete” Shilling said the ordinance can’t be enforced because it would violate laws against age discrimination.
“We could not force someone to retire,” he said.
But Bob Phillips, the attorney for the Elyria Police Patrolman’s Association, argued that the ordinance should be enforced.
“They want to lay off, and I just think before you come knocking on the EPPA’s door, you should enforce your ordinance,” Phillips said.
The Police Department is being told to trim about $2.05 million from its budget as its part of relieving a $4 million budget deficit the city has projected for next year. Those cuts include the closure of the city’s jail earlier this year as well as retirements, demotions and the layoff of five officers.
The five officers who would likely lose their jobs — Eric Grove, Nicholas Eichenlaub, Thomas Orsik, Jacob Webber and Eric Palmer — have the least seniority and all are named as plaintiffs in the lawsuit.
“Unfortunately, the lower seniority people are going to be patrolmen,” Phillips said.
The ordinance, which went into effect in 1977, bars officers from serving more than 33 years on the force, but they can request two one-year extensions to reach 35 years on the job, according to the ordinance.
By forcing out the one to three officers who have served more time than they are allowed on the job, Phillips said the city can keep more officers patrolling the streets.
The Police Department, Phillip said, is top heavy.
“They have too many middle management, too many administrators,” he said.
Police Chief Michael Medders said he is one of the officers who has worked for the city for more than 33 years. He said he is approaching his 34th year with the department but plans to retire soon. Either Capt. Duane Whitely or Capt. Dan Jaykel is expected to replace Medders.
Shilling said his office asked an attorney specializing in labor law to review the ordinance in March and that attorney’s opinion was that the ordinance would violate federal age discrimination laws if it was enforced.
The city wanted the review, Shilling said, in case it needed to look at forcing officers to retire because of budget woes.
The city already is dealing with lawsuits filed by Elyria firefighters contesting the cuts that city officials have made to the Fire Department’s budget. Those cuts have already led to layoffs within the Fire Department.
Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.
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“Shilling said his office asked an attorney specializing in labor law to review the ordinance in March and that attorney’s opinion was that the ordinance would violate federal age discrimination laws if it was enforced.”
ONE attorney’s opinion?
What an easy excuse to do nothing about this Catch-22 from 1972.
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Unions suck - need to run dept like a real business …
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This is when it starts getting GOOD…
The union members start eating each other!!!!!
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As I am reading court cases related to the Age Discrimination in Employment Act (ADEA) and the actual text of the Act, I find that city-employed firefighters and police officers are not protected under the ADEA. Federal Courts have supported mandatory retirment age provisions. However, this ordinance does not mandate an actual age.
I am not a fan of unions, but I think that this ordinance is still valid.
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By forcing out the one to three officers who have served more time than they are allowed on the job, Phillips said the city can keep more officers patrolling the streets.
The Police Department, Phillip said, is top heavy.
“They have too many middle management, too many administrators,” he said.
Now all you people talking trash about the recall being stupid, this is another reason why we need to recall. We are going to be wasting more money on lawyer fees fro the police and the fire, which will cost more than $50,000. People want to say that is waste but it is not read some of the article that the papers print especially the Jouirnal, take a look at how much money this City of Elyria spends on contracting out jobs, when we have people on the pay roll that it is their job to do these things. Example Law Directors office, we are always sub contracting work out. The engineers office is another one where we are always contracting work out and that runs in the $1000’s or $100,000’s and you people do not even say a word about we can not aford that at this time. Bull the Anti recall group and the mayor and the Chronicle want you to think about that being alot of money, hell we paid more for trucks for park and recs that are still being driven around by park employees, that are making $70,000 a year. The Mayor said that department has to be self supporting, how is that possble on skate rentals pavillion rentals and pool passes, think about that people Okay. Than come back and tell me $ 50,000 is a waist. DON’T BE FOOLED BY THIS SMOKE AND MIRRORS, WOLVES IN SHEEPS CLOTHING.
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Well, if people feel that this recall is not warranted, they will bring up the cost to the city. Thats fine. Everyone is entitled to their own opinion. However, the people have spoken and the recall election will move forward.
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wait wait, wheres fred or the other poeple who dislike the firemen? when are they going to point out how greedy the police are for suing the city becuase of the contracts or whatever?
inyouwetrusted,
i think you might be giving some poeple too much credit for having any common scents or the smarts to look at the big picture. many are happy to just keep there heads in the sand and blame it on everyone else.
i think the recall thing is cool, it might send a message to poeple who are elected and think they are safe to do whatever theyw ant in office; that the elected poeple can be removed with enough cuase.
it might also help poeple to see that they can make a diference if they are willing to make the effert. lots of poeple dont want to do anything becuase ‘it wont matter anyway’. bullony, the recall electin is the proof.
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I do not understand the rational with some posters. People have been complaining about longevity, yet the EPD PATROLMAN are asking the city to uphold it’s charter and force out those with 34+ years on the job.
Honestly, would you rather have a top heavy PD and less patrolman on the streets, our younger Officers doing their job? Also by forcing out those with 34+ years you would be answering your own wishes by lowering some that are making longevity.
Why does Schilling have to confer with other lawyers. If I am correct, he is the City of Elyria Law Director, shouldn’t that be enough experience to answer the question if mandatory layoffs are legal? Isn’t Schilling the one who authorized Medder’s legal payment and now opened the door for Officer See.
The City needs to get their head out of their rear and make some decisions that will not cost the citizens money.
Agree or disagree, just exercisisng my First Amendment right, or my Ohio Constitutional Right 1.11
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All legal questions are decided by the firm of Duey, Cheetum & Howe.
Yuk Yuk Yuk
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I would like to know what “top heavy” is at the Police Dept since didn’t the city just demote from the Fire Dept for being too top heavy? Sure doesn’t make sense why one and not the other one! What are their numbers of supervisors and employees? This city doesn’t make good decisions but rather “the good old boy” system to keep who they want doesn’t it. I want more fireman and policeman out there not people going to meetings and working behind the scenes. Sure not like anyone doing that so far has done a very good job.
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Ms. wallace - i get an undeliverable e-mail - tried to senbd 3x but so far no luck try my msn account
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Its not age discrimination if its in an ordinance. Now the ordinance might be discriminatory which will lead to another legal battle.
I agree with this though. if they could force a retirement and keep two for one - better off for the citizens, the retired police officer gets retirement - everyone SHOULD be happy…..
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It might be discriminatory, but the language does not specify an exact age.
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My question is not whether the suit itself is valid.
My question pertains to the ordinance in question.
If the ordinance would be a violation of federal law, then why is the ordinance on the books?
If it violates state or federal statute, it is not enforcable and should be removed.
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Cause the ordinance is not in violation of Federal law or ADEA. Courts have said that this type of ordinance is not discrimination.
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The police and fire departments continue to be cut and yet the mayor only cut $29.00 from his office!
The Board of Elections is now open for voting daily Monday through Friday.
Vote NO on December 22nd!
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The only issue I have with this is that the ordinance was put into place 32 years ago. And as we all know, “things were different back then…” If the EPD hired a rookie right out of the academy in his early 20s, then the officer would be required to retire in his mid 50s. This seems pretty young by today’s standards where people need to work well into their 60s just to make sure they have insurance and enough money live into their 80s (or beyond). I’m sure it wasn’t the same thinking back in ‘77, and no one could have foreseen the working environment of today.
I am guessing that they may have a hard way to go to show a violation of the ADEA, since the ordinance isn’t age-specific, it’s term specific. If someone were hired at age 50, then the ordinance wouldn’t kick in until they were 83… Not very age-discrimantory, is it? (Unless maybe you were hired in at age 22)
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Good poiint - things were a lot different back then.
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wait, didnt i read somethinb about the city say the fire dep was to top hevy and demoted poeple last year? or was it this year? so now the police are to top hevy to?
wasnt there a amendment about age discrimination? that poeple dont have to retire now? so many older poeple arent retiring becuase they want more money and that cuts into the jobs for younger poeple with growing families. the ones that need more money are just layd off and not called back and are stuck working as greeters at walmart for crap pay.
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ooh how much mony is the suit costing the city? and why now? why now sue about it before? its not like the law was just writen. it was in place awhile right? is it just cuz no one paid atention to it before?
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i mean why not sue bout it before
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Reading what the idiots of this town continue to battle back and forth about is really amusing. No wonder this town has the reputation it has, look at all the garbage that you argue about. I love reading the ridiculous things that Inyouwetrusted continues to write….just makes my day. Keep going folks, this is like going to a comedy club for free.
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Do you think we could have a recall vote for some to fools that post on here? You know, vote as to if they are allowed to post things without passing some sort of IQ test first.
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My recall vote… MAGIC (lol)
jk!
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Reverse Seniority? Volunteer lay-offs? I’m sure the EPPA has quite a few members whom would gladly take the winter months off so some of the younger guys can work. Is there no provisions for a “Buyout”? of the senior men? Might find it as much for the attorneys and lawsuits, as it would be for the “Buyouts”.
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