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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