Judge puts hold on Milwaukee residency rule enforcement

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Milwaukee city officials cannot enforce residency requirements until a court hears a motion for injunction from the rules’ opponents.

According to a court order filed Friday afternoon by Circuit Court Judge Daniel Noonan, city officials cannot take disciplinary action or investigate violations of Charter Ordinance 5.02, commonly known as the residency rule, for any city employees who moved out of the city on or after July 2.

The order was filed in response to a lawsuit filed Wednesday by the Milwaukee Police Association, its president and others against the city of Milwaukee. The police union’s lawsuit says the city’s failure to comply with the law, signed June 30 by Gov. Scott Walker, deprives officers of their rights to live where they choose, free of the threat of being fired for violating the city’s residency rule.

According to the stipulation, a telephone conference was held off the record between Milwaukee City Attorney Grant Langley and the defense attorney, Jonathan Cermele of Cermele & Matthews S.C.

Noonan’s order remains in effect until both parties in the lawsuit appear before the court to address the plaintiff’s motion.

“Our goal here is to resolve this issue in court with the minimum amount of disruption and liability,” Deputy City Attorney Rudolph Konrad said.

He said he did not know whether city employees who moved out after the stipulated date would face penalties if the city wins the lawsuit.