Judge denies city of Troy in lawsuit appeal

TROY — A Circuit Court judge has denied an appeal by the city of Troy to overturn a lawsuit ruling in favor of a volunteer firefighter whose employment had been terminated.

Judge Cheryl Matthews made the decision May 27 in Oakland County Circuit Court, upholding a previous ruling. Ed Ross is the volunteer firefighter who originally sued the city.

“I am grateful that Oakland County Circuit Court affirmed the administrative law judge’s decision finding that the city of Troy violated Michigan law when it removed me from the Troy Fire Department after I filed to run for City Council,” Ross said in an email.

“This case has always been about more than one firefighter or one campaign,” he added. “It is about the basic right of public employees and volunteers to participate in democracy without being punished by their own city government.”

In May 2024, Ross was informed by the Troy Fire Department that his employment had been terminated due to a city policy that regulates political activity by city personnel.

The policy bars staff from engaging in political activity during work hours, whether paid or unpaid, for any candidate, cause or political organization.

Where Ross was concerned, the policy also prohibits them from filing as a candidate for elected office in Troy. Ross had filed to run for the Troy City Council in April 2024.

In June 2024, Ross filed a complaint of unlawful political activity against the city of Troy with the Michigan Office of Administrative Hearings and Rules.

Then, in September 2025, Judge Thomas Halick sided with Ross. He ordered that Ross have his position as a voluntary firefighter reinstated, retroactive to May 2024, with full credit towards the city’s incentive plan and trust, as well as compensation for attorney fees, which was expected to cost roughly $65,000.

In October 2025, the city appealed the decision in Oakland County Circuit Court under the argument of whether Ross was an employee. The city argued that the judge’s use of the “economic realities test” — a legal standard used by the state to determine whether a person is a volunteer or an employee — had been improperly applied over federal authority.

“The city’s argument is that they should have used federal law under the Federal Labor Standards Act, and then the judge obviously said, ‘No, this is a state case — we’re going to use state law, not federal law,’ and that’s essentially what the city tried to argue against,” Ross said. “The appeal was that the judge used the wrong basis to determine whether I was an employee.”

After both sides submitted their arguments May 27, Matthews upheld the decision in favor of Ross without hearing oral arguments. Matthews stated that Ross had established his case “by a preponderance of evidence.”

For its part, the city noted that Matthews issued a non-substantive opinion affirming the September 2025 decision that allowed Edward Ross to return as a Troy volunteer firefighter.

“At the time of the original ruling, (Ross) returned as a Troy volunteer firefighter and has remained in that position since then,” said Courtney Flynn, who handles communications for Troy. “The judge also affirmed the city’s position that it should pay a reduced amount of attorney fees, compared to what Ross requested.

“These recent rulings are unique to Mr. Ross and have no impact on the operation of the Troy Fire Department,” Flynn said. “It will continue to provide the essential, quality services it has always provided. The city of Troy respects and appreciates all of its volunteer firefighters and remains committed to maintaining its excellent relationship with those who make up such a trusted department.”