Bruce Whitman v. City of Burton ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
November 19, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
149370 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
BRUCE WHITMAN, Justices
Plaintiff-Appellant,
v SC: 149370
COA: 294703
Genesee CC: 08-087993-CL
CITY OF BURTON and CHARLES SMILEY,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the April 24, 2014
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and
we REMAND this case to the Court of Appeals for reconsideration in light of Wurtz v
Beecher Metropolitan District, 495 Mich. 242 (2014). We also take this opportunity, as
suggested by the Court of Appeals dissent, Whitman v City of Burton, 305 Mich. App. 16,
45 n 2 (2014), to clarify that reports given because the employee is requested to
participate in an investigation by a public body are still considered protected activity.
See MCL 15.362; Chandler v Dowell Schlumberger Inc, 456 Mich. 395, 399 (1998). Any
contrary suggestion in our earlier opinion in this case, Whitman v City of Burton, 493
Mich. 303, 313 (2013), is VACATED.
We do not retain jurisdiction.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
November 19, 2014
s1112
Clerk