Four top command officers in the Van Buren Township Police Department who last summer filed a discrimination complaint, claiming they were passed over for the top cop position because they are white, have taken their concerns another step forward by filing a civil rights law suit against the township and Supervisor Paul White.
On Nov. 11, 2009 Captains Kenneth Brooks and Gregory Laurain and Lieutenants Dennis Brooks and Kenneth Floro joined together to file suit in the U.S. District Court, Eastern District, Detroit.
The four had filed discrimination complaints with the Equal Employment Opportunity Commission / U.S. Department of Justice on Aug. 24.
On Sept. 22, the DOJ sent a letter saying it will not be investigating and giving them the right to file civil action within 90 days.
The suit was filed Nov. 17 by attorney Joel B. Sklar of Detroit on behalf of:
* Kenneth Brooks, 52, of VBT, captain, employed as VBT patrol officer on Oct. 29, 1979;
* Gregory Laurain, 50, of VBT, captain, employed as VBT patrol officer in fall of 1982;
* Dennis Brooks, 50, of South Lyon, lieutenant and brother to Captain Kenneth Brooks. Dennis Brooks employed as VBT patrol officer in August 1981; and
* Kenneth Floro, 39, of VBT, lieutenant, employed as patrol officer on April 1, 1996.
The other VBT police lieutenant, Ernie Thornsbury, a 26-year veteran of the department, did not file a complaint.
The EEOC complaints were identical and so is the single lawsuit on behalf of all four. The EEOC complaint read:
“On July 7, 2009, I became aware that an Interim Public Safety Director was hired by the Respondent [VBT and VBT Supervisor Paul White]. I was not allowed the opportunity apply for the position. The position was not posted. The Township Supervisor stated his intent to hire a Black, Public Safety Director. The individual hired was less qualified than me. I can only conclude that my race, White was a factor in the decision to hire/promote me.
“I believe I was denied the chance for hire/promotion due to my race, White, in violation of Title VII of the Civil Rights Act of 1964, as amended.”
John C. Clark of the law firm Giarmarco, Mullins & Horton, is representing the township and Supervisor White in this matter.
On July 20, Gerald M. Champagne, who was fired as VBT public safety director in May, filed a similar EEOC complaint against the township and Supervisor White. He was granted a Notice of Right to Sue and he promptly sued the township/White/Ostrowski, in federal court claiming racial discrimination, among other things. That suit is wending its way through the court system.
On July 7, a majority of the township board (4-3 vote) accepted the recommendation of Supervisor White to hire Carl McClanahan as interim public safety director. McClanahan was sworn into office on Monday, Dec. 7.
In an Aug. 18 memo to the board, township attorney Patrick McCauley addressed the charge by recall supporters that McClanahan was not qualified for the post.
McCauley pointed out that the township board has, by a majority vote, deemed him to be qualified on an interim basis.
While McClanahan may not meet all the qualifications set forth in the July 2004 Public Safety Director job description, neither did Gerald Champagne when he applied and was hired.
The board used its discretion in hiring Champagne and, “It appears the same Board practice was followed as to Mr. McClanahan,” McCauley wrote.
There was no job description for an interim public safety director.
McCauley wrote: “Moreover, while by all accounts Captains of the Public Safety Department who have previously managed the Department for months on an interim basis on at least two occasions have done an outstanding job, those individuals admittedly do not meet all of the requirements of the July 2004 job description.”
The attorney’s report states: “No request was made by the Supervisor to in-house Captains (Brooks and Laurain) as to their interest in the position, both of whom had previously served as Interim Directors (Perkins’ retirement and Elg termination) and possibly had superior qualifications than the candidate. However, there existed legitimate questions as to their willingness to accept significantly less compensation and their ability to ‘bump back’ to their current union status should they accept, then possibly be removed from the interim position.”
McClanahan’s salary for the interim position was approved at $89,000. Champagne had made $99,700.04 in direct compensation in 2008 and $119,734 in total compensation, which includes fringe benefits.
Lt. Dennis Brooks made $85,363.88 in direct compensation in 2008, $122,386 total compensation.
Captain Gregory Laurain, made $116,931.21 in direct compensation and $155,562.79 in total compensation in 2008.
Lt. Kenneth Floro made $124,312.21 in direct compensation and $158,562.79 in total compensation in 2008.
Captain Kenneth Brooks made $111,494.44 in direct compensation and $150,908.61 in total compensation in 2008.
(Figures, obtained from the township through Freedom of Information Act requests, show all four officers would likely have to take a cut in pay if appointed interim public safety director.)
While there were charges of racial preference from those seeking a recall of the four township officials elected in November 2008 (including the four officers who filed the complaints), Supervisor White stated that McClanahan’s qualifications were the first and only consideration.
At one meeting, Supervisor White stated that he felt it was a “plus” that McClanahan was an African-American because of the diversity in the township population.
The entire command structure of the VBT police department is white, with only one African-American, a patrolman, in the entire department.
The lawsuit, which does not ask for a specific amount of money, claims the four plaintiffs have been “exemplary employees during their respective periods of employment” with VBT.
The suit claims since McClanahan was a retired sergeant with the Detroit Police Department, they outrank him with their credentials and are more qualified. The suit does not mention McClanahan’s educational credentials and the lack of college degrees for at least three of the four plaintiffs.
The suit hinges on the statement by Trustee Al Ostrowski at a public meeting that McClanahan was hired “because he was black.”
The suit claims each of the four officers sustained “a loss of earnings, earning capacity and fringe benefits and has suffered mental anguish, physical and emotional distress, humiliation and embarrassment and loss of professional reputation.”
They claim they have been retaliated against for complaining of a violation of their civil rights, but do not specify the nature of the retaliation.
They ask the court to reinstate or appoint each to the position of interim director and/or other suitable position. They also ask the court to award them enough money to pay their attorney and compensate them for their damages.
The township had 20 days to answer the complaint.