# Mass. police pursue civil suit



## kwflatbed (Dec 29, 2004)

Copyright 2006 Worcester Telegram & Gazette, Inc.
All Rights Reserved

*Officers allege racial animus*

By SCOTT J. CROTEAU
Telegram & Gazette

WORCESTER, Mass. - Two city police officers have filed a civil suit against the city and the Massachusetts Commission Against Discrimination, alleging they were passed over for promotion 12 years ago because of discrimination.

The lawsuit filed in Worcester Superior Court April 6 is basically an appeal of a recent MCAD decision. The two officers, who are both black, filed an MCAD complaint in 1994 claiming they were discriminated against. The MCAD was named as a technical matter so it will supply paperwork to the judge, the officers' lawyer, Richard L. Burpee, said.

The two officers passed a promotional exam in 1992, but were not among the 12 officers promoted from the exam's results, the lawsuit said. The department promoted people according to rank on the test and neither officer ranked in the top 12 on the exam. All 12 promoted were white men, MCAD documents said.

According to MCAD, Officer Spencer Tatum scored a 78 on the test and ranked 29th overall and Officer Andrew Harris scored a 74 and ranked 49th overall.
There have been a series of decisions and appeals in the MCAD complaint, ending in March after the MCAD released another decision. The officers appealed an August 2004 MCAD decision that said the officers were not able to prove racial animus.

Two MCAD commissioners reviewed the appeal, but one ruled in favor of the city while the other ruled in favor of the officers. The split decision, which rarely occurs because usually three commissioners review an appeal, forced MCAD to default back to the hearing officer's decision from 2004, the March 8 MCAD decision said.

The officers claim in their civil suit that the MCAD hearing officers erroneously concluded they were not discriminated against in two decisions. Mr. Burpee said his clients want a judge to review the evidence.

They are asking to be promoted to sergeant, to be awarded back pay and to receive money for emotional distress and lawyer's fees.

City Solicitor David M. Moore said the city respects the officers' right to appeal and will respond to it.

Discussed in the civil suit is the "PAR 10" option, a special certification that could have been used by the city to foster diversity and racial parity on the department.

Mr. Burpee said after his clients' appeal of a 2002 decision, the full MCAD commission asked a hearing officer to determine whether the city discriminated against the officers by failing to apply for a PAR 10 special certification for promotions in 1993, 1994 and 1995, the civil suit said.

According to MCAD Commissioner Walter W. Sullivan, testimony supplied by city officials stating that they did not pursue PAR 10 because it would affect white officers' morale was insufficient evidence to show the African-American officers were discriminated against.

Commissioner Cynthia A. Tucker, however, said the "city's concern that implementation of PAR 10-type affirmative action would have affected the morale of (white) officers constitutes direct evidence of racial animus," the March MCAD decision said.

The commission did say it had "sufficient concerns" regarding the city's record of promoting minorities and urged the use of PAR 10 to determine if the promotion of minority officers is appropriate.

"In addition, given respondent's problematic record in promoting minorities over a significant period of time, the full commission hereby authorizes the investigating commission for the region to initiate a commission complaint, at her discretion, to investigate the current promotional practices of respondent," the March 8 decision said.








_Copyright © 2006 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Terms and Conditions Privacy Policy _


----------



## Piper (Nov 19, 2004)

29th and 49th on the list and they are crying about not getting made 12 years ago? Are you f---ing kidding me?!?! Those are not the kind of Sgts I'd want showing up at my calls


----------



## Sgt Jack (Aug 17, 2003)

Here's a hint "STUDY HARDER!!!!!":cussing:


----------



## tarc (May 4, 2005)

This is incredible bullsh*t. I wonder how these two officers would have felt, if they were in the top 12 when WPD promoted 12 sergeants and they were passed over for two white males that finished 29th and 49th? Hey guys you have to earn your promotion, not sue for it.


----------

