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Acting Niles police chief won’t sue city
By Jordan Cohen
NILES
The attorney representing acting police Chief Capt. Jay Holland says his client will not file a lawsuit against the city despite its refusal to make his appointment permanent.
Holland has served as acting chief for more than six months.
Atty. Dennis Haines said Holland will accept a decision by the civil service commission and take the written examination because “he feels he will do well on the test and has decided to go that route.”
Holland, who has been acting chief since February, argued he should have forgone the test because of a state statute that requires permanent appointment of provisional employees who remain “in the position for a period of six months of continuous service.”
Holland was appointed when Chief Robert Hinton went on extended sick leave. Hinton subsequently retired in June.
Law Director Terry Dull, however, determined the six-month provision applies to the retirement date and not the date when Holland was appointed.
“When he was appointed acting chief, [Hinton] was still the police chief,” Dull said. The civil service commission last week went along with Dull’s opinion and voted to schedule the examination, which is expected later this year.
A message left for Thomas Harwood, commission chairman, was not returned.
“I believe [Dull’s] decision could be challenged, but to go through the court system would delay testing for a lengthy period,” Haines said Tuesday. “Capt. Holland is also concerned about the costs associated with a lawsuit.”
Before the commission’s vote, another police captain, John Marshall, had sent a letter to Mayor Thomas Scarnecchia calling for the test to be conducted. Haines said that, too, played a role in Holland’s decision to forgo a legal challenge.
“He prefers not to get into a dispute with his fellow officers,” the attorney said.
Holland said the examination process requires candidates to decide on a source list from a group of references provided by the commission. The candidates then have 60 days to review the material before taking the test. There are five captains in the city’s police department.
“I’m just going to let the process play out,” Holland said, adding he does not want to delay the process for promotions that will be necessary after the new chief is determined.
“Other patrolmen encouraged [Holland’s] appointment,” Scarnecchia said. “Quite frankly, I think he’s done a good job,” he said.