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Mccarthy v. Philadelphia Civil Serv. Comm'n

U.S.
Mar 22, 1976
424 U.S. 645 (1976)

Summary

holding that "bona fide residence" in municipal residency ordinance means "domicile," and further explaining that a person can have more than one residence but only one domicile

Summary of this case from Hill v. City of Scranton

Opinion

ON APPEAL TO THE COMMON WEALTH COURT OF PENNSYLVANIA, EASTERN DISTRICT.

No. 75-783.

Decided March 22, 1976.

Philadelphia municipal regulation requiring city employees to be residents of the city held to be constitutional as a bona fide continuing residence requirement and not to violate the right of interstate travel of appellant, whose employment as a city fireman was terminated under the regulation because he moved his residence from Philadelphia to New Jersey.

19 Pa. Commw. 383, 339 A.2d 634, affirmed.


After 16 years of service, appellant's employment in the Philadelphia Fire Department was terminated because he moved his permanent residence from Philadelphia to New Jersey in contravention of a municipal regulation requiring employees of the city of Philadelphia to be residents of the city. He challenges the constitutionality of the regulation and the authorizing ordinances as violative of his federally protected right of interstate travel. The regulation was sustained by the Commonwealth Court of Pennsylvania and review was denied by the Pennsylvania Supreme Court. His timely appeal is here pursuant to 28 U.S.C. § 1257 (2).

Page 645 § 7-401(u) of the Philadelphia Home Rule Charter of 1951; § 20-101 of the Philadelphia Code (as amended); and § 30.01 of the Philadelphia Civil Service Regulations.

In an unreported order entered on September 2, 1975, that court denied a petition for review.

The Michigan Supreme Court held that Detroit's similar requirement for police officers was not irrational and did not violate the Due Process Clause or the Equal Protection Clause of the Fourteenth Amendment. We dismissed the appeal from that judgment because no substantial federal question was presented. Detroit Police Officers Assn. v. City of Detroit, 405 U.S. 950 (1972). We have therefore held that this kind of ordinance is not irrational. Hicks v. Miranda, 422 U.S. 332, 343-345 (1975); see Wardwell v. Board of Education of Cincinnati, 529 F.2d 625, 628 (CA6 1976).

Detroit Police Officers Assn. v. City of Detroit, 385 Mich. 519, 190 N.W.2d 97 (1971).

We have not, however, specifically addressed the contention made by appellant in this case that his constitutionally recognized right to travel interstate as defined in Shapiro v. Thompson, 394 U.S. 618 (1969); Dunn v. Blumstein, 405 U.S. 330 (1972); and Memorial Hospital v. Maricopa County, 415 U.S. 250 (1974), is impaired. Each of those cases involved a statutory requirement of residence in the State for at least one year before becoming eligible either to vote, as in Dunn, or to receive welfare benefits, as in Shapiro and Memorial Hospital. Neither in those cases, nor in any others, have we questioned the validity of a condition placed upon municipal employment that a person be a resident at the time of his application. In this case appellant claims a constitutional right to be employed by the city of Philadelphia while he is living elsewhere. There is no support in our cases for such a claim.

Although there is a durational residence requirement in the Philadelphia ordinances, appellant does not have standing to challenge that requirement.

Nor did any of those cases involve a public agency's relationship with its own employees which, of course, may justify greater control than that over the citizenry at large. Cf. Pickering v. Board of Education, 391 U.S. 563, 568 (1968); CSC v. Letter Carriers, 413 U.S. 548 (1973); Broadrick v. Oklahoma, 413 U.S. 601 (1973).

Appellant seeks review of other alleged errors as if presented in a petition for a writ of certiorari. We decline to review those issues.

We have previously differentiated between a requirement of continuing residency and a requirement of prior residency of a given duration. Thus in Shapiro, supra, at 636, we stated: "The residence requirement and the one-year waiting-period requirement are distinct and independent prerequisites." And in Memorial Hospital, supra, at 255, quoting Dunn, supra, at 342 n. 13, the Court explained that Shapiro and Dunn did not question "`the validity of appropriately defined and uniformly applied bona fide residence requirements.'"

This case involves that kind of bona fide continuing-residence requirement. The judgment of the Commonwealth Court of Pennsylvania is therefore affirmed.

THE CHIEF JUSTICE, MR. JUSTICE BRENNAN, and MR. JUSTICE BLACKMUN would note probable jurisdiction and set the case for argument.


Summaries of

Mccarthy v. Philadelphia Civil Serv. Comm'n

U.S.
Mar 22, 1976
424 U.S. 645 (1976)

holding that "bona fide residence" in municipal residency ordinance means "domicile," and further explaining that a person can have more than one residence but only one domicile

Summary of this case from Hill v. City of Scranton

upholding municipal residency requirement for firemen against right to travel challenge

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upholding a City of Philadelphia regulation requiring city employees to be residents of the city

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upholding Philadelphia's municipal regulation requiring city employees to meet residency requirements

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upholding a continuing residency requirement in order to remain a municipal employee since a residence requirement and a waiting period requirement are distinct prerequisites

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upholding requirement that those employed by the city retain residence in that city throughout their employment

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upholding Philadelphia ordinance requiring city employees to be city residents

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upholding Philadelphia ordinance requiring city employees to be city residents

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upholding dismissal of Philadelphia fireman who moved to New Jersey in violation of municipal regulation requiring employees to be city residents

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upholding residency requirement against a challenge based on the right to interstate travel

Summary of this case from Crowley v. Bd. of Educ. of Chi.

upholding dismissal of Philadelphia fireman who moved to New Jersey in violation of municipal regulation requiring employees to be city residents

Summary of this case from Ellis v. Anderson

upholding municipal regulation imposing residency requirement on all civil service employees.

Summary of this case from Opinion No. 1990-156

upholding ordinance requiring city employees to be residents of the city

Summary of this case from In re Township of Warren

upholding ordinance requiring municipal employees to be residents of municipality

Summary of this case from In re Township of Warren

rejecting equal protection challenge to municipal residency requirement for municipal workers

Summary of this case from United Building Constr. Trades v. Mayor

In McCarthy v. Philadelphia Civil Service Comm'n, 424 U.S. 645 (1976) (per curiam), the Court upheld a bona fide continuing-residence requirement.

Summary of this case from Martinez v. Bynum

In McCarthy v. Philadelphia Civil Serv. Comm'n, 424 U.S. 645, 647, 96 S.Ct. 1154, 47 L.Ed.2d 366 (1976) (per curiam), the plaintiff employee of the Philadelphia Fire Department claimed that his constitutional right to travel was violated.

Summary of this case from Assoc. of Cleveland v. Cleveland

drawing a distinction between "residence" and "domicile" under Pennsylvania law

Summary of this case from Ionata v. Allstate Ins. Co.

In McCarthy v. Phila. Civil Serv. Comm'n, 424 U.S. 645, 96 S.Ct. 1154, 47 L.Ed.2d 366 (1976), the Court upheld a municipal regulation that required employees of the city to live in Philadelphia to maintain employment.

Summary of this case from Pollack v. Duff

In McCarthy, the Supreme Court upheld a residency requirement that the plaintiff challenged "as violative of his federally protected right of interstate travel."

Summary of this case from Langmead v. Monroe Cnty. Office of the Sheriff

In McCarthy, 424 U.S. at 646-47, 96 S.Ct. at 1155 (citations and footnote omitted), the United States Supreme Court considered whether the appellant's "constitutionally recognized right to travel interstate as defined in Shapiro is impaired," and concluded that it was not, saying that "[i]n this case appellant claims a constitutional right to be employed by the city of Philadelphia while he is living elsewhere.

Summary of this case from Tiffany v. City of Payette

In McCarthy v. Philadelphia Civil Service Commission, 424 U.S. 645 (1976), the Supreme Court in a per curiam opinion upheld a requirement that employees of the city of Philadelphia reside within the city limits.

Summary of this case from Denver v. State

In McCarthy v. Philadelphia Civil Serv. Comm'n, 424 U.S. 645, 96 S.Ct. 1154, 47 L.Ed.2d 366 (1976), the United States Supreme Court reaffirmed its decision in Detroit Police and held that such requirements do not unconstitutionally infringe upon a right to travel, stating "In this case appellant claims a constitutional right to be employed by the City of Philadelphia while he is living elsewhere.

Summary of this case from Guttu v. City of East Grand Forks

In McCarthy, the Court was dealing with a Philadelphia ordinance which required employees to live within the city limits.

Summary of this case from City of Memphis v. Intern. Broth. of Elec. Wkrs

In McCarthy the Court for the first time addressed in an opinion (per curiam) a type of interstate travel other than migratory travel "with intent to settle and abide," as seen in Shapiro and its progeny.

Summary of this case from Loiselle v. City of East Providence
Case details for

Mccarthy v. Philadelphia Civil Serv. Comm'n

Case Details

Full title:MCCARTHY v . PHILADELPHIA CIVIL SERVICE COMMISSION

Court:U.S.

Date published: Mar 22, 1976

Citations

424 U.S. 645 (1976)

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