LR police bias case wraps up

Judge sides with department on 1 point; 2 issues pending

A Pulaski County Circuit judge found the Little Rock Police Department's record-keeping sufficient Friday as court proceedings wrapped up in a police captain's lawsuit against the department. The judge has yet to rule on two other issues.

Capt. Patrice Smith is suing the department and former chief Stuart Thomas, contending she was a denied a promotion to assistant chief in 2012 because she is black and a woman. The suit additionally lists assistant chiefs Wayne Bewley and Hayward Finks, who were promoted over her, as defendants.

Smith and her attorney, Robert Newcomb, have also accused the city of violating state civil-service laws by keeping inadequate records of that year's promotion process. Candidates' interviews were not recorded by audio or video, as they had been when the job was available on other occasions.

A three-person panel, tasked with rating the applicants, documented the interviews through handwritten notes and uniform evaluation papers. Newcomb argued that wasn't detailed enough and caused his client to be inaccurately evaluated for the promotion, even after an appeal.

Circuit Judge Mackie Pierce ruled Friday that the city's record-keeping was sufficient and complied with an Arkansas Supreme Court ruling on the matter. The opinion, issued in 1987 in the case of Bennett v. Blytheville Civil Service Commission, states that such interviews "must be conducted so that some reasonable means for judicial review is possible... ."

"I don't think this shows the dictates of Bennett have been violated," Pierce said.

Pierce said he needed more time to rule on whether two other civil-service statutes had been broken.

Smith's lawsuit states the city also violated the law by appointing Bewley as interim assistant chief for six months. She said it gave Bewley an "unfair competitive advantage" that helped him land the job full time.

It also exceeded the state's 60-day limit on temporary appointments, she said.

But that limit doesn't apply if the position has been "eliminated or not funded by the governing body of the city," the law states.

City Manager Bruce Moore testified Friday that the position had, in fact, been cut because of a major budget shortfall in 2011. It was restored the next year after a city tax increase boosted funds.

"The [assistant chief] position was abolished," Moore said. "It was vacant. It was no longer in the budget."

Bewley's responsibilities as interim assistant chief were the subject of many of Newcomb's questions Friday, the second day of testimony in the bench trial.

Moore described it as a "hybrid role" in which Bewley performed some duties of assistant chief while still commanding the Police Department's downtown patrol division.

Thomas testified Friday that Bewley didn't have the powers of an assistant chief. Bewley was "very, very busy" in the role, but he couldn't transfer officers, make department purchases or access certain sensitive information, according to Thomas.

"As far as functioning as an assistant chief, he simply didn't do that at the time," he said.

Bewley suggested during testimony that the interim position actually hindered his pursuit of the job. He said his duties tripled, resulting in cancelled vacation time and fewer chances to prepare for the promotion process.

"Looking back on it, I'd say it actually made it more difficult," Bewley said.

Newcomb said he found that contention hard to believe. He noted that Bewley was the top-ranked candidate for the position that year.

Smith, a 30-year veteran of the agency and its most senior captain, unsuccessfully sought promotions to assistant chief this year and in 2004, as well.

She is seeking compensatory damages from the city and punitive damages from Thomas, who has denied her allegations of bias.

Smith testified Thursday that she is eligible for retirement and doesn't need money, but feels the Police Department has treated her unfairly. Her lawsuit also seeks to have the assistant chief positions held by Bewley and Finks vacated.

If Pierce rules in her favor, Bewley would not be eligible to re-apply for the job because he doesn't meet education requirements the city recently added for the position.

Pierce did not say when he would issue the rulings.

"You have given me a lot to think about," he told Newcomb and Deputy City Attorney Bill Mann.

Metro on 06/27/2015

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