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Published: Monday, December 4, 2006

Police still use two lists in hiring

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A reverse-discrimination lawsuit filed in 2005 is pending.

By PATRICIA MEADE

VINDICATOR CRIME REPORTER

YOUNGSTOWN — Unless a judge says stop, the city will continue to choose new police officers from two lists — one for white men and one for minorities and females, officials say.

The city is expected to hire six police officers — four white men, one black man and one white woman — by mid-December, said Lt. Rod Foley, commander of the Internal Affairs Division.

Foley said that during the hiring process, seven candidates who ranked in the top 20 were eliminated from the civil service eligibility roster that was established in December 2005, most because they were no longer interested in the job or failed to complete required paperwork. He said the six to be hired then moved up in ranking, with the black man and white woman ending up in the new top 20.

Rankings include written test scores and bonus points. Applicants receive bonus points for police training, a bachelor's degree and military service.

The black man and white woman to be hired are on the minority/female list but "would have made it even if we went off one list," Foley said.

He said that the six to be hired are currently employed as police officers and that he's very happy with the choices.

Another chance

Foley said any remaining candidates who scored above the six will have another opportunity to be considered for employment next spring when officers retire. Candidates are removed from eligibility lists if they're not hired after being considered four times, he said.

Foley said he likes the idea of using a minority/female list for entry-level police openings but wouldn't want such a list used for promotions. It is important, he said, that people in the community feel a commonality with police, which is achieved by diversity in hiring.

After a black man, white woman and black woman were hired in June 2005, a white man who ranked higher filed a reverse-discrimination lawsuit. The three hired ranked 10th, 13th and 127th, respectively, on the eligibility roster established in 2003.

The lawsuit filed by Youngstown attorney Dennis Haines on behalf of 40-year-old James M. Conroy doesn't go to trial in Mahoning County Common Pleas Court until September 2007.

Conroy, ranked No. 2 on the current civil-service eligibility roster, is not among the white men being hired this month. He is a former city police officer who was terminated, rehired in a settlement and then resigned in 2001.

To continue in meantime

"Until the lawsuit is settled and we have some direction from the court as to what to do, council and the administration have decided to continue the past practice" of hiring from two lists, said Law Director Iris Torres Guglucello. "I want to make it clear they are waiting for court guidance before making any changes from what they've been doing for many, many years."

The law director was asked if she is comfortable with the two-list process, considering the city has not been under a federal mandate to hire minorities for many years. She said her comfort level is irrelevant; council made the decision and she only serves as an adviser, not as a judge who can issue orders.

"As long as it's legal, I have no problem with it," Council President Charles Sammarone said of using two lists. "If it's not legal, we can't do it."

Foley said it will be interesting to see how the judge rules.

Police Chief Jimmy Hughes could not be reached.

Cite Ohio Revised Code

The city's position in the pending lawsuit is that the police appointments in June 2005 were made under section 124.90 of the Ohio Revised Code: The waiver of laws to avoid federally prohibited discrimination. The waiver, passed as an ordinance by city council, permits the legislative authority of a municipality to suspend or alter the appointment rules for minority hiring. Council also passed the same ordinance before the 2005 civil service test that is in effect today.

Haines said the city is not under a court order in regard to selection on basis of race.

Of the upcoming hirings, Haines said: "I think it's a continuing violation [of the law], and if the court rules favorably in our lawsuit it hopefully will correct the situation for the future."

Haines added that the city is "too stubborn" to change its ways.

In February, members of the city's Human Relations Commission quizzed Guglucello about police hiring in light of the pending lawsuit.

Guglucello informed the members that ORC 124.90 allows deviation from standard hiring practices but the reason has to be that federal law requires it. She also said the city doesn't have a reason to deviate because a federal consent decree that required minority hiring expired years ago.

Sees need for mechanism

The Rev. Kenneth L. Simon, HRC acting chairman, said there must be ways for the city to reach out to minorities and women, to be diverse in hiring practices for the police and fire departments.

The fire department hired four cadets this past week, one of whom, a woman, was selected from a minority list, the fire chief said.

"I'm not saying this is the best practice but there needs to be something in place to level the playing field," the Rev. Mr. Simon said. "That's a battle they'll have to iron out in court. I'm still for mechanisms that provide for fair and inclusive hiring for all city residents."

The pending lawsuit, meanwhile, names Mayor Jay Williams, former Mayor George M. McKelvey and the three officers he hired in June 2005.

Williams said the two-list point is moot with the new police officers to be hired this month because all ranked within the top scorers. He said the issue with Conroy has nothing to do with the selection process because the city has no obligation to hire any individual.

The mayor said he can't speak to the 2005 hirings because he was not in office then. "Had I been in a decision-making capacity when those officers were hired in 2005 this lawsuit may or may not have existed," he said.

As it stands, blacks, Hispanics and women make up 25 percent of the 180-member police department. The city's population is estimated at 79,000, with 44 percent black and 5 percent Hispanic.

meade@vindy.com

Monday, December 4, 2006