Lawsuit Seeks to Remove Dearborn Civil Service Question From November Ballot

A lawsuit filed this month against the city of Dearborn could result in the removal of the ballot proposal to terminate the city's civil service system, a set of rules, regulations and governing commission that oversee the hiring, firing and promotions of city employees.

Former Civil Service Commission Chair Marjorie Powell filed a lawsuit Oct. 6 seeking to obtain a court-ordered injunction that would remove the proposed charter amendment from November's ballot.

Powell has been in a heated court case with the city since last year after she was forced out of the commission for not taking her oath of office in a timely manner. Her current lawsuit claims that ousting both her and current Human Resources Director Valerie Murphy-Goodrich is the true reason for the civil service ballot question.

"It is clear the real reason that the City of Dearborn wants to change from a Civil Service System to a Human Resources Commission is to rid itself of Marjorie Powell, the litigation in (her court case), and Human Resources Administrator Valerie Murphy-Goodrich."

Powell served in her volunteer position on the commission for 18 years; Murphy-Goodrich, a paid employee of the city who was hired by and whose salary is set by the commission, has held her position for 15.

Both women, the lawsuit reads, "have been a thorn in the side of city officials ... by intervening in attempts to use political influence in hiring and staffing decisions."

Murphy-Goodrich has been an outspoken opponent of the proposal, and that she is "puzzled" by the suggestion to eliminate the Civil Service System.

Lawsuit Claims Proposal is in Violation of State Law

The suit makes two assertions that the proposal is in violation of Michigan law: First, that the ballot proposal is "disingenuous," and therefore, creates bias in the minds of voters.

The lawsuit mentions as evidence of this the ballot language stating that "the provisions in these (union) contracts take precedence over the Civil Service policies," and that "Dearborn is one of the few Michigan cities that still has a Civil Service System."

In actuality, the lawsuit alleges, union contracts do not contain language concerning hiring, while civil service rules do.

Furthermore, the lawsuit lists a number of cities with still-operating commissions, including Detroit, Livonia, Westland, Taylor and Dearborn Heights.

The other claim made by the lawsuit is that the ballot question actually encompasses two issues–the second being the possible creation of a Human Resources Commission to replace the Civil Service Commission.

That effort by the city, the suit says, is evidence that the ballot proposal "is designed not to eliminate the Civil Service Commission, but to eliminate the chair ... her lawsuit, and the Human Resources Administrator."

Powell is being represented by Dearborn attorney Morris Goodman.