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Lawyers say new bill will not affect case against A²

The Michigan State Senate approved a bill Wednesday that bans cities from requiring public employees to live within their city limits -- leaving a local lawsuit in possible limbo.

The suit, filed by third-year University Law student Jon Polish, charges that the City Council violated Ann Arbor's charter by hiring Detroit lawyer Abigail Elias as the new city attorney. Polish claims that the contract violated the city charter because it allows Elias at least one year to move here after taking over city attorney duties. Elias is scheduled to start work as city attorney April 1.

Tom Weider, the attorney representing Polish, said the approval of the residency rules bill will not affect the way he intends to handle the suit. "(The bill) passed one house, it hasn't passed the other -- so what?" he said. "It is a possible new law and that's all it is."

Bruce Wallace, the attorney representing Ann Arbor in this case, said he too did not plan to mention the proposed bill in his arguments.

"I don't think I need that law," Wallace said. "It just shows that these kind of residency laws are old fashioned and unnecessary."

Polish's case has been inactive since Feb. 9, when the city responded to the suit by saying most of its claims were unfounded. The city also called for the dismissal of the case.

The case will become active if either side's attorney files motions that would require the suit to be reviewed by a judge.

Ann Arbor Mayor Ingrid Sheldon said she did not support the proposed residency rules legislation. "Let individual cities determine their own positions on this issue based on their own individual needs," she said.

Sheldon said Ann Arbor was unique because it was both professional and mobile. She said that good transportation made it easy for professionals to live in one city and commute to work in another city. She said she believes it is unfair to require public employees to live in the city.

But Sheldon said she would want employees who head city departments to live within city limits.

"Department heads need to feel the effects of city services first hand," she said. "For that reason they need to live in the city."