Ten Connecticut Police Officers Sue Over Promotions
NEW HAVEN, Conn. -- Ten police officers who claim they were illegally passed over for promotion in 2010 are seeking a court injunction to prevent the city from promoting sergeants from a newly administered test.
A hearing has been scheduled for Monday in Superior Court. The officers, led by lead plaintiff Bruce Bonner, and attorney John R. Williams, argue they would suffer "irreparable" harm through lost career opportunities if the city were allowed to move forward with the new list.
"We won't be able to get full justice because the (sergeant) positions would be filled," said Williams, a prominent civil rights lawyer. "Money won't make up for lost opportunities."
Williams said the legal arguments are almost identical to the now-famous Ricci case. In 2003, the city threw out two Fire Department promotional tests when African American candidates didn't score as well as their white counterparts. Firefighter Frank Ricci and 19 other mainly white firefighters sued, claiming they were denied promotion because of their race. They ultimately won in a landmark Supreme Court decision, which cost the city millions of dollars.
Williams sees direct parallels.
"It's Ricci all over again as far as I'm concerned," he said.
In the case of the 2009 sergeant's test, members of the Civil Service Commission expressed concerns that no Hispanics passed the exam. This time, the results weren't tossed. The city recommended the commission certify the list, which it did.
Where Williams claims the city ran afoul with the law was that it allowed the promotional list to expire after 12 months when historically lists are extended for a second year. The plaintiffs argue they could have been promoted if the city followed that practice.
The state lawsuit claims the list was allowed to expire "solely for the purpose of limiting the number of African Americans who could be promoted" and increasing the likelihood more Latinos would get promotions in a future test.
So far, 18 police officers have filed suit, 10 black officers in the state suit under the Connecticut Fair Employment Fair Practices Act and eight additional and racially diverse officers who sued in federal court. The arguments in the two suits are the same: That the officers were passed over for promotion because of their race.
At the time the 2009 list was approved, at least two Civil Service Commission members cited concerns about the lack of Hispanics on the list, but received assurances from city officials that the test was fair and race neutral.
City Corporation Counsel Victor Bolden issued this statement: "The city will be responding in court to the motion for temporary injunction. Until that time, suffice it to say that the motion lacks merit. Hiring and promotional decisions at the New Haven Police Department are done in accordance with the law and based on the broad public safety interests of all of the city's residents, rather than the limited interests of a few individuals."
Copyright 2012 - New Haven Register, Conn.
McClatchy-Tribune News Service
