Four of the five top police command officers in Van Buren Township have filed racial discrimination complaints with the Michigan Department of Civil Rights and the U.S. Equal Employment Opportunity Commission.
The four claim they were passed over for the job of interim public safety director because they are white.
Filing the complaints, all on Aug. 24, were:
* Dennis Brooks, 50, of South Lyon, lieutenant, employed as VBT patrol officer in August 1981, complaint #471-2009-03220;
* Gregory Laurain, 50, of VBT, captain, employed as VBT patrol officer in fall of 1982, complaint #471-2009-3221;
* Kenneth Floro, 39, of VBT, lieutenant, employed as patrol officer on April 1, 1996, complaint #471-2009-03223;
* Kenneth Brooks, 52, of VBT, captain and brother of Lt. Brooks, employed as VBT patrol officer on Oct. 29, 1979, complaint #471-2009-03224;
The other VBT police lieutenant, Ernie Thornsbury, a 26-year veteran of the department, did not file a complaint.
All the complaints are identical (including typographical errors):
“Only 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.”
The complaint forms claim the discrimination took place on July 7, 2009, with Lt. Brooks, Captain Brooks, and Captain Laurain marking the box on the complaint indicating the discrimination is a “continuing action.” Lt. Floro did not mark that box.
The Mich-EEOC enforcement supervisor for the Detroit Field Office, Peter N. Morelli, is reviewing the charges and a determination will be made whether the Justice Department will sue the township or will issue the complainants Notices of Right to Sue.
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 and 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. He has yet to be officially sworn into office.
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 last November (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.
