Stamford officer promoted following discrimination lawsuit

By Devon Lash
Stamford Advocate Staff Writer
Posted: 11/19/2008 02:45:52 AM EST

Settlement of lawsuit leads to police promotion - Topix

STAMFORD - A Stamford police officer was sworn in as a sergeant Tuesday, after more than four years of legal battles that alleged the city discriminated against him because of his race and national origin.

"I am deeply honored," Sgt. Simon Blanc said. "This badge represents a trust the people of Stamford have placed in me."

Blanc has been an officer for more than 20 years, serving mostly in the Uniform Patrol Division on the midnight shift. Before joining the department, he served in the Army National Guard.

Blanc had no comment on the civil suit he brought against the city Aug. 25, 2005. Court documents show the suit was settled out of court Nov. 5.

During the ceremony Tuesday at police headquarters, Blanc's wife, Patricia, pinned the gold shield to her husband's uniform to a round of applause from their daughter Marie, nephew Terry Staber and a crowd of about 25 fellow officers.

Mayor Dannel Malloy said he was proud of the new sergeant's service and accomplishments.

"With the economy, you can't always promote people rapidly enough, and you don't always get the cross-section of people you would like," Malloy said.

Stamford Police Chief Brent Larrabee said Blanc's promotion is the first in about 18 months because of the department's and the city's budget contraints. Blanc will be the department's 50th sergeant, Larrabee said.

Blanc's promotion was effective Nov. 5.

The settlement provided that Blanc would receive a promotion to sergeant and receive a sum of money based on the legal fees he incurred, said Tom Cassone, the city's director of legal affairs.

The settlement was based on a judge's recommendations, Cassone said.

"We are satisfied that it was the correct result," Cassone said. "A lot of times we settle cases based upon a business decision; sometimes it's based upon a legal analysis . . . sometimes because it's the right thing to do. Mostly it's based on all three factors."

Blanc's attorney, Kathryn Emmett, declined comment on the case.

Blanc, a black officer of West Indian descent, originally filed a complaint with the federal Equal Employment Opportunity Commission and the Connecticut Commission on Human Rights and Opportunities in August 2004. It alleged the city, the police department and the Police Commission did not promote him despite his qualifications because of his race and national origin.

The human rights commission is an independent office that tries to "mediate matters of communication breakdown," said spokesman and legislative liaison Jim O'Neill.

The nine-member commission hears cases and directs that changes be made, O'Neill said.

Before the human rights commission acted, Blanc requested a release of jurisdiction in June 2005, so he could file suit in state or federal court, according to a later complaint he made against the city.

On Aug. 26, 2005, he filed a complaint in federal court against the city saying that despite his No. 4 ranking on the sergeant's test, he was passed over for advancement in favor of white officers with lower scores and qualifications, according to court documents.

Blanc took the police department's sergeant's test to be placed on the eligibility list for promotion in March 2002, according to court documents.

When six vacancies in the rank of sergeant arose between August 2002 and March 2004, the Police Commission - an independent five-member body appointed by the mayor to interview and promote top-ranked officers - promoted three officers who ranked lower than or equal to Blanc, according to his complaint.

Blanc said that he had more seniority than four of the six officers promoted and an exemplary attendance record, having taken only one sick day since 1988.

All of the officers promoted were white males, according to court documents.

The police commissioners replied that in their judgment, Blanc was not qualified because he lacked "presence" and "enthusiasm" during the interview portion and was "soft-spoken," according to court documents.

In August 2007, the city applied for summary judgment - a decision made by the judge on the basis of statements and evidence without a full trial, according to the court docket.

In July, Judge Thomas Smith, a U.S. Magistrate Judge, denied the motion because, although an employer can rely on subjective data when making hiring decisions, the Police Commission's criticisms were "vague and elusive."

Whether their criticisms were legitimate was a matter of credibility, which is a matter for a jury to decide, Smith wrote in an 11-page ruling.

The city and Blanc then reached the settlement out of court.

- Staff Writer Devon Lash can be reached at devon.lash@scni.com or 964-2242.