Opinion
Docket No. 149370. COA No. 294703.
11-19-2014
Bruce WHITMAN, Plaintiff–Appellant, v. CITY OF BURTON and Charles Smiley, Defendants–Appellees.
Order
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, 848 N.W.2d 121 (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, 850 N.W.2d 621 (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, 572 N.W.2d 210 (1998). Any contrary suggestion in our earlier opinion in this case, Whitman v. City of
Burton, 493 Mich. 303, 313, 831 N.W.2d 223 (2013), is VACATED.
We do not retain jurisdiction.