Location, Location, Location
Photo: PittsburghPA.gov
Pennsylvania’s State Commonwealth Court ruled Thursday that Pittsburgh police officers must live in the city, but the police union says the fight isn’t over.
According to the Pittsburgh Post-Gazette:
The appellate court, in a 4-3 ruling, overturned an Allegheny County Common Pleas Court decision that said an arbitration panel was allowed to decide officers could live outside the city. Commonwealth Court disagreed, saying the panel could not legally change the requirement in the city’s Home Rule Charter for all city employees to live in the city, which was approved by 80 percent of voters in a November 2013 referendum.
The referendum endorsed a long-standing city policy that required residency.
Attorney Eric Stoltenberg, who represents Fraternal Order of Police Lodge No. 1, said he’s “pretty confident” that the state Supreme Court will agree to hear his appeal, which will be filed within 30 days.
In Thursday’s ruling, Judge Bonnie Brigance Leadbetter wrote in the majority opinion that city officials cannot “voluntarily bargain away the residency requirement” because that would violate the charter, “which has the force and effect of a state statute.”
Mayor Bill Peduto said in a statement: “It marks an important reaffirmation of the rights of Pittsburgh and other local governments statewide to rule themselves, and do what they deem to be best for their residents.”
Mr. Stoltenberg said he believes that the majority opinion’s application of the law was incorrect and that a home rule charter amendment does not have the same force as a state law.
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