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Five Warren police officers file legal action over lack of promotions
By Ed Runyan
WARREN
Five Warren police officers have filed a mandamus action with the Warren-based 11th District Court of Appeals, asking the court to reverse a decision by Warren City Council last November that eliminated one position as captain, lieutenant and sergeant in the Warren Police Department.
The action was filed by the Ohio Patrolmen’s Benevolent Association on behalf of Patrolmen Edward Hetmanski, Jeffrey Orth and Benjamin Harrell, Sgt. Michael Merritt and Lt. Martin Gargas.
The action names as defendants the city, Safety-Service Director Enzo Cantalamessa and the Warren Civil Service Commission, which administers the tests and certifies the promotion lists.
The action says the five men are among officers who would have been promoted to a higher rank when openings occurred, as a result of several recent retirements and their test scores on the most-recent civil-service tests.
The action asks the court to declare that the city violated state law when it abolished the positions through attrition.
Cantalamessa has said the reduction of three positions would save $400,000 and “smart size” the department because it is “top heavy” and because of an expected $800,000 drop in income-tax revenue in 2015.
The legal action argues that the city “is under a clear legal duty” to make the promotions because vacancies were created in each position as a result of retirements that occurred in November, December and January at each level.
“Promotional lists are currently in place for the positions of captain and sergeant,” the action says. Ohio law says promotions must take place within 30 days of each vacancy, it adds.
The city canceled the promotional examination for lieutenant that was planned for November, the action says.
Hetmanski is ranked first on the current civil-service list, Orth is second and Harrell is third, the action says. Gargas is next in line for promotion to captain, the action says.
Neither Cantalamessa nor the city’s law director, Atty. Greg Hicks, returned phone calls seeking a comment.
Police Chief Eric Merkel said he can sympathize with the officers who filed the legal action because officers typically invest a great deal of time studying for promotional exams in order to achieve a promotion.