Melrose Park Fire Department news

Excerpts from CookCountyRecord.com:

A federal appeals court recently upheld a decision that allowed the village of Melrose Park to terminate a firefighter for not meeting its residency requirements. The ruling dismissed the firefighter's claim that his termination violated his due process rights.

The case involved John Cannici, a former firefighter in Melrose Park, who was fired after the village discovered he wasn't living there full-time. A three-judge panel from the U.S. Court of Appeals for the Seventh Circuit in Chicago ruled in favor of the village, upholding the dismissal of both due process and equal protection claims.

According to the village’s code, all officers and employees must be residents of Melrose Park unless they are specifically exempted. This rule was the basis for Cannici’s termination, as he had moved out of the village and was only residing there during his shifts.

Cannici had lived in Melrose Park until 2008, when he purchased a home in Orland Park—where his wife and children resided. He would return to Melrose Park during his shifts and spend weekends with his family, which the Board of Fire and Police Commissioners determined violated the residency requirement.

The court found that the village provided Cannici with the necessary procedural safeguards under Illinois law, including written charges, a formal hearing, and an opportunity to present evidence before his firing. This met the legal standard for just cause termination.

Cannici argued that the review process deprived him of a protected interest and violated his equal protection rights. However, the court rejected these claims, noting that the Supreme Court has never found the Equal Protection Clause applicable in situations where government employers make individualized personnel decisions that appear arbitrary or irrational.

“In fact, [Cannici’s] counsel brought to our attention that the state court judge has found the administrative review claim in his favor and deferred further proceedings pending this court’s decision,” wrote Judge William J. Bauer in the opinion. “Thus, we have no reason to believe Cannici has been deprived of his due process rights.”

The decision reinforces the principle that local governments can enforce residency requirements for public employees, provided they follow proper procedures. This ruling sets a precedent for similar cases in the future.

Thanks, Dan

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