Feb. 08--NEW HAVEN -- A Superior Court judge acknowledged concerns about how the city handled proposed promotions in 2010 in the city fire marshal's office but concluded none of its actions resulted in potential promotion of "improper or ineligible candidates."
The decision was handed down in response to a complaint by the firefighter union about perceived irregularities in the civil service process. The judge found no violations of the law or city charter.
"(A)lthough this court shares some of the raised concerns, it finds that the appropriate remedy is not to undo the process that has taken place thus far, but merely to note that the City could have and should have better handled the proposed promotions," Judge Angela C. Robinson said in a 13-page decision.
"After having heard and considered all the evidence, this court is persuaded that the City acted, largely, in good faith. However, its handling of the posting for positions within the Fire Marshal's Office was lacking."
The civil service list was certified more than a year ago, but the city held off making any promotions until it received a ruling on the union questions.
Fire Chief Michael Grant said Tuesday he had not yet read the ruling. "I would be looking to make promotions after we review the judgment," he said.
Last year, the union assailed Human Resources officials' handling of the promotional process after it re-posted amended job requirements for the deputy fire marshal position that disqualified one candidate and later allowed two candidates to compete for other promotions even though they didn't qualify when the positions initially were posted. They were promoted into the fire marshal's office before the job posting expired, however, and were permitted to compete for three higher-level positions inside the office.
Fire union president Lt. James Kottage said the union never intended to undo any promotions but instead wanted to "protect the process," particularly given entrenched distrust of the civil service process and numerous lawsuits filed over more than two decades. The decision appears to give the green light to fill positions of fire investigative supervisor, life safety compliance officer and public assembly inspector. The union challenge did make a collateral impact on another civil service list. Had the three promotions been made, three spots would have opened at the entry-level fire inspector rank. But during the time the promotions were on hold, the civil service list for fire inspector expired.
Because of that, Kottage cast the decision as a "bittersweet" vindication.
But Assistant Fire Chief Patrick Egan questioned how it was a victory when the judge concluded, contrary to the complaint, that the city broke no law.
"From the onset, I believed the court's decision in ruling against the union was predicable," Egan said. "With that said, I can certainly understand some of the frustrations that came about in the process."
Copyright 2012 - New Haven Register, Conn.
