Traverse City Record-Eagle

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August 19, 2012

Cavric rehired by Frankfort

FRANKFORT — A Frankfort police officer prevailed in his years-long employment battle with the city, but he's not back on the streets.

Tim Cavric recently was rehired by Frankfort, which laid him off in 2003 after residents complained about his work. The Michigan Court of Appeals ordered his reinstatement late last year, and city officials said they had no choice but to hire him back when the Michigan Supreme Court refused to hear the case.

"Naturally, we're disappointed, but we realize that we had no other recourse," Mayor Bob Johnson said. "We had to take him back."

The Supreme Court's decision not to review the appellate ruling marked the effective end of a legal battle that dragged on for years.

Cavric did not respond to repeated requests for comment. His police certification lapsed, so city officials said he's on desk duties until he regains that certification.

"Basically, he's got to go back for a refresher course and get re-certified," Chief Keith Redder said.

George Mertz, an attorney for Cavric through the Police Officers Association of Michigan, said he's glad his client is back at work.

"We were confident in our legal position, and that's why we pursued it as long as we did," he said. "It would have been nice if (reinstatement) had happened sooner."

It's possible a settlement will be reached that will result in Cavric leaving the department, Johnson said. Neither Mertz nor Johnson would provide details of settlement talks, which are ongoing. They also likely will address the issue of back pay, as Cavric contends he's owed thousands.

Frankfort laid off Cavric in April 2003 for what officials said were financial reasons, though residents there repeatedly had complained about his alleged strong-arm tactics. He filed a grievance in June 2006 after the city hired a part-time officer without offering him the position.

An arbitrator ordered Cavric's reinstatement with back pay, but the city filed a lawsuit to have the ruling tossed out. When Benzie County Circuit Court Judge James Batzer agreed with the arbitrator, the city appealed to the state.

The state initially overturned the arbitrator's ruling for procedural reasons, and sent it back for further review. The arbitrator ruled again that Cavric be reinstated with back pay, and the Court of Appeals upheld that decision.

Cavric worked in Big Rapids before coming to Frankfort in 2000, and hired on with Kalkaska about a year after the Frankfort layoff. He was fired from Big Rapids after a residency dispute and drew more criticism for his work in Kalkaska.

Kalkaska laid off Cavric in June 2007.

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