Policeman, union sue for promotion

staff report

WARREN — A city policeman and the union representing him have filed a lawsuit seeking to compel the city to promote him to sergeant.

Patrolman Joseph Kistler and the Ohio Patrolmen’s Benevolent Association filed the lawsuit against the city and the Warren Civil Service Commission, seeking a writ of mandamus from the 11th District Court of Appeals to compel the city to make the promotion.

Mayor Michael J. O’Brien said through his secretary Monday that he would have no comment on the lawsuit because it is a pending legal matter. City Law Director Greg Hicks did not respond to a request to comment.

In the lawsuit, which was filed last week, Kistler, who scored fifth on a civil-service exam given Sept. 27, 2007, said he was entitled to be promoted to sergeant no later than Dec. 29, 2009, and that the civil service eligibility list based on that exam expired Saturday.

The first four officers on that list in rank order of their scores have been promoted to sergeant, the suit says. The top four officers and their scores are Michael Albanese, 91.352; Gregory Hoso, 88.498; Emanuel Nites, 87.784; and Sherrey McMahon, 86.356. Kistler scored 82.565. The list contains the names and scores of 15 candidates for promotion to sergeant.

The lawsuit says the city refuses to make any promotions in the police department in violation of state law.

“The city is unlawfully attempting to abolish classified civil service positions through attrition,” the lawsuit says.

In addition to ordering the promotion, the lawsuit says the appellate court should order the city to restore any benefits, seniority or back pay Kistler would be entitled to beginning Dec. 29.

Faced with a declining tax base due to the loss of jobs at Delphi Corp., Severstal Steel and other industries, the city has been forced to cut budgets, eliminating 20 jobs in the police department.

Eleven firefighters were laid off effective Jan. 1, 2009, and four others, who retired in 2008, weren’t replaced. Eight jobs were eliminated in other city departments.