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Monday, March 19, 2018

Termination for Violation of Residency Requirement Upheld

The Seventh Circuit Court of Appeals recently addressed a municipality's residency requirement for firefighters in Cannici v. Village of Melrose Park

Cannici lived in Melrose Park until 2008 when he and his family purchased a home in Orland Park. According to the opinion, Cannici lived in the Melrose Park home during the week, and his family lived in the Orland Park home. In 2013, Cannici rented out the Melrose Park home, but reserved a portion of the home in the basement for his exclusive use in order to maintain residency. However, Cannici slept at his Orland Park home from 2013 to 2016, when the Village brought charges against him for violating the residency requirement. The Village conducted a hearing to hear testimony and arguments relating to his residency, and at the conclusion of the hearing, terminated him.

Cannici then sued the Village in federal court, arguing that his termination violated his due process and equal protection rights. The Seventh Circuit held that his procedural due process rights were not violated where he had sufficient relief under the Administrative Review Act. The Court also rejected his claim that his equal protection rights were violated where the Village followed the statutory procedure prior to termination in providing him with written charges, a hearing, and the opportunity to present evidence. 

Post Authored by Julie Tappendorf 


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