Dec. 05--The head of the Alabama NAACP and other civil rights leaders in the state and an attorney for Auburn firefighter Chris Turner allege that Auburn's fire department has a history of racial discrimination in hiring and promoting black firefighters.
Turner's attorney, Julian McPhillips, filed a federal lawsuit in late November alleging Turner's constitutional rights were violated and they are seeking more than $500,000 in damages. McPhillips and Turner were joined in Montgomery on Wednesday by several black leaders who want to put legal and political pressure on the city.
McPhillips, in his lawsuit, alleges retaliation after Turner filed previous racial discrimination complaints against the city.
Turner, 48, began working for the Auburn Fire Department in 1987 and has been a full-time firefighter since 1991, a promotion that the lawsuit attributed to legal action.
Turner is currently classified as a firefighter II, but for close to three years he worked as an acting lieutenant and was compensated and evaluated at that level, according to his supporters. But those supporting Turner on Wednesday argued that while he received positive reviews from his white peers in that position, the department refused to promote him to sergeant or to lieutenant.
McPhillips and Auburn City Councilman A.L. Dowdell said the department hid behind Turner's performance on exams to avoid promoting him.
"Chris Turner is more than qualified to be a lieutenant," said Dowdell, who has served on the Auburn council since 1994.
McPhillips, who has filed many race discrimination cases, said his client was not the most articulate man, but said Turner's qualifications, knowledge and physical ability are equal to anybody else.
A spokesman for the city of Auburn said it is the city's policy not to comment on active litigation or personnel issues.
When asked more specifically about the discrimination allegations, director of public affairs David Dorton said "we stand by the race-neutral and merit-based hiring practice of the city."
McPhillips said the Auburn Police Department has much better demographics than the Fire Department.
Turner was seated next to McPhillips, but the attorney said he advised his client not to comment.
A former Auburn firefighter, William Felton, did speak to what he said was a history and pattern of discrimination. Felton said he was one of the first two black firemen to work for the city, starting in October 1974, and also was involved in claims against the city over promotions. He said he did not have to work beginning in 1997, but continued to receive his paychecks and cost of living raises and benefits even though he did not officially retire until 1999.
"There's not a black been promoted there without a lawsuit," Felton said.
When asked about Turner, Felton said "he's a great firefighter."
"He do more than a lot who were promoted."
Dowdell said the city stripped Turner of his acting lieutenant post and accompanying pay level after he filed a complaint with the Equal Employment Opportunity Commission. Turner filed three complaints with the EEOC in 2011 and 2012 asserting race, age and retaliation discrimination, according to the lawsuit.
Dowdell, the only black member of the council, said his colleagues argue there is no discrimination there.
"We do know there is racial discrimination in Auburn," he said.
Benard Simelton, president of the Alabama NAACP, said he wants to ensure justice is served and Turner receives his promotion. He said the discrimination is systemic and that he wants to start a dialogue and get to the root of the issue so that black employees have a fair chance to be hired and promoted.
McPhillips encouraged the black leaders in the conference room to write letters to Auburn city officials and push them to address the situation. After talking to the media, he planned to meet with those leaders to discuss strategy.
The lawsuit points out there were previous lawsuits in 1991 and 2005, but those focused on racial discrimination while this lawsuit also involves wrongful retaliation and alleges the defendants violated Turner's 14th Amendment rights to free speech and access to the courts.
McPhillips filed the lawsuit against the city, mayor, city manager, fire chief, deputy fire chief, public safety director, and human resources director.
Turner is seeking $500,000 in punitive damages, additional damages for loss of pay and mental anguish, and attorney fees and court costs.
McPhillips said there had been some settlement negotiations, but those had not been successful.
Copyright 2013 - Montgomery Advertiser, Ala.
