Union wants to end acrimony over promotions

Union wants to end acrimony over promotions

William Kaempffer, Register Staff

May 10, 2003

NEW HAVEN — The rank-and-file of the police department this week voted overwhelmingly to file a lawsuit against the city over how it promotes people on the force.

By a 143-61 margin, officers authorized the police union to hire an attorney and pursue litigation.

"There’s been too much controversy," said Sgt. Louis G. Cavalier. "Every time there’s a promotional exam, people come into the office and complain that they think the city is doing something illegal.

"I think it’s time that once and for all that a judge come out with a decision."

That controversy revolves around the civil service "rule of three," which gives the police chief and other city department heads a level of discretion on who gets promoted.

On the police force, nearly every promotion requires a civil service examination where candidates take written and oral tests and are ranked by score.

Last month, members at a union meeting voted to have a department-wide referendum on whether Local 530 should hire an attorney to challenge whether the city correctly applies its own rules.

The rule of three allows the chief to make promotions from "those applicants with the three highest scores."

Here’s the issue: When a number of officers are tied with identical scores, should they be counted as one score in the rule of three or be viewed as individuals.

But some officers, and two Superior Court judges agreed, that the city flouts the law.

Test scores are rounded off, creating what critics call artificial ties that clumps of officers with identical scores, or ranks.

By invoking the rule of three, the city says, the chief has authority to pass over entire ranks of candidates.

City officials assert the discretion allows a boss to pick the best candidates who might not be the best test-taker.

The issue the union is seeking to resolve is whether the city’s interpretation is correct.

But in the meantime, the uncertainty surrounding who’s right leaves a lot of uncertainty — and some hard feelings — in department rks.

On one hand, two judges say the city’s wrong. On the other, there’s the city corporation counsel maintaining the judges are wrong.

Meanwhile, the number of lawsuits filed by police officers who claim they were wrongfully passed over grows and anxiety and animosity mounts after every test.

Cavalier said the union would discuss which attorney to hire for the lawsuit or whether a pending case filed by two officers will eliminate the need.

William Kaempffer can be reached at wkaempffer@nhegister.com, or at 789-5727.