Latest news on the forced intervention by the Department of Justice as distributed by the FOP chairman Randy Beane to the members of the union. This is complex litigation, and it’s not absolute that Beane’s interpretation is entirely correct, but, the reality is, no one knows how you can enforce a ruling that says “If you ever thought of being a Dayton Police Officer” you should be entitled to get a big check from the City if you are a minority.
Here is what Lt. Beane sent out in 2 e-mails:
We received the court decision from Federal Court Judge Rose in regards to the Consent Decree. Judge Rose ruled against us and in favor of the City. What does this mean?
1. Two officers currently on the department who are referred to as “Delayed Hire Claimant” will received $18, 900 each and will have their seniority adjusted to the constructive hire date of May 14, 2007. They will receive retroactive pension credit.
2. Five African Americans who failed the Civil Service test who are referred to as “Priority Hire Appointments” will be hired and given back pay. They will be given seniority ahead of the last two classes that graduated.
The Fire Department must hire 9 “Priority Hire Appointments”
There are several strings attached to our hiring process in the future too numerous to mention.
I am disappointed in the ruling as it relates to our seniority issue. However, I am appreciative to Judge Rose for his quick decision in this matter. This opens the door for the City to immediately start the hiring process, if they want to.
This decision will cost the taxpayers in excess of $450,000.
I have had a few questions posed on the Consent Decree that I will try to answer.
The way I read the decision is that **** and ******* will be moved up on the seniority list so this will affect the current bidding process. However, that is a decision management is going to have to address.
The “Priority Hires” will have to go through the background process and the Academy. My interpretation, and it could be wrong, is that if a Priority Hire does not pass the background, the next lower scoring applicant will be selected until we have 5 that pass the background and can be placed in the Academy.
The entire hiring process has to be reviewed by the Department of Justice and once a test is given, they will review the Eligibility List to determine if the Disparate Impact issue has been resolved. If not, I believe they could invalidate that Eligibility List.
There will be a lot of questions concerning logistically how this process will occur that I just don’t have the answers to. For example, I would assume a Training Officer for these 5 Priority Hires would have to more seniority than the people they are training or the Training Officer would be training the “senior officer”.
Regardless of the pathetic minority hiring process employed by the City of Dayton, the consent decree has been an issue for 20 years- one that has been pushed by Dean Lovelace (who at one time thought that we had to split the city into voting districts so he could get elected, but forgot all about it after he got elected).
I even stuck my foot in my mouth with the unions making an alternative suggestion on how to force integration and change in the safety departments, but you’ll have to search to find that on your own (and it’s on this site somewhere….).
The reality is, Dayton is facing a huge number of forced retirements, but has no mechanism available to hire right now because of this decree.
Thanks Commissioner Lovelace. It’s costing us taxpayers a bunch.