Former CA Chief Files Discrimination Suit

ONTARIO -  Floyd E. Clark seemed to have broken a glass ceiling in 2011 when he was promoted to chief of the Ontario Fire Department, the first African-American to hold the top job.

But Clark was fired in late June, an action he says was racially motivated when he complained about hiring practices within the department. He says that when he started as a fire inspector in 1986, he was the only black firefighter, and since then, not a single black firefighter has been hired.

His attempts as chief to change that record, he says, brought him into conflict with the department brass and City Hall and led to his ouster.

“Ontario discriminated, and continues to discriminate against African/American employees, specifically (Clark),” according to a 39-page complaint filed July 14 in San Bernardino County Superior Court.

Clark, 57, was fired June 29 after what he calls a monthslong “campaign, plan and scheme” by City Manager Al Boling to force him into early retirement.

The former chief is suing Ontario, its Fire Department and the city manager for unspecified damages, stating the city created a hostile work environment and retaliated after he refused to give a financial promotion to a fire engineer.

Boling on Wednesday declined to comment, citing it being personnel-related action on the pending litigation.

According to the court document, Ontario, in its termination notice, told Clark he was being fired “due to incompatibility of management styles.”

“… I find your management to be ineffective; your relationships with the department members have deteriorated and impacted the overall morale of the department, resulting in increased complaints, grievances and general dysfunction in the department,” the notice states.

Clark’s issues with the department’s hiring practices date back to 1986, when he began with the department. In the suit, Clark says he attempted to be part of the oral board that interviewed applicants — a desire he expressed as soon as he was hired — but was never appointed.

During a four-year period for recruiting from 2012 to 2015, Clark said he was told African-American candidates were interviewed but never made the final cut.

“The alleged African/American candidates were strategically eliminated at the [subjective] oral board [comprised of one firefighter, one engineer, and one captain] process,” the suit states.

Even as chief, he wasn’t able to influence the hiring of his staff. Boling told Clark, according to the lawsuit, that “he did not share the same view of the imbalance of the racial inequality. Further, Al Boling stressed that Floyd Clark’s major concern at this juncture in his career should be budgetary issues of the fire department.”

The issues between Boling and Clark began to manifest last year, including an August incident in which the city manager asked the chief to promote Robert Elwell to deputy fire chief. Clark denied the move because he believed Elwell lacked the necessary certification for the post.

The complaint alleges the retaliation began nearly a year ago, when Boling and Councilman Jim Bowman attempted to coerce Clark into signing a document that would have financially benefited a fire engineer with a higher pension after retirement.

It was later stated at a meeting with other deputy fire chiefs present that Bowman — also a retired fire chief — “had opined, ‘You need to go because you are not in touch with the culture of the department anymore,’?” the suit claims.

But Bowman, who first learned about the suit Tuesday, denied Clark’s claims.

“With all due respect, that’s malarkey,” Bowman said. “It’s a well-diverse department — that’s a weak argument.”

Bowman said he doesn’t micromanage staff and wouldn’t get involved in such an issue.

“I have bigger fish to fry,” he said.

According to the lawsuit, Boling asked Clark in October when he intended to retire. The chief told him he had several projects he needed to complete before he would consider a retirement date.

“After several other conversations with Al Boling concerning this topic and to prevent future bullying, harassment and vexing, Floyd Clark provided a tentative date for July 2016,” according to the suit.

Boling reportedly asked that Clark move up the date to Dec. 30, 2015. The city manager did not drop the issue, presenting Clark with a settlement agreement in December that gave the then-chief the opportunity to retire and resign from his post.

That same month, without Clark’s knowledge, Boling reportedly sent out a memo to personnel in the Fire Department announcing that Clark had notified him he would be retiring.

According to the court documents, Clark had actually been on medical leave since November and wasn’t cleared to return to work until Feb. 10, 2016. When he returned, Boling placed him on administrative leave with pay.

On March 23, Boling sent out another memo to fire personnel, this time announcing Elwell as the new chief. The appointment was approved by the City Council on April 5. The council reported that Clark had retired Dec. 30.

On April 26, Clark was provided another settlement agreement. This one stated he would retire and resign effective June 25, making his administrative leave last until March 18, after which he would be allowed to use up any accrued time to make up for the difference.

Clark didn’t take the deal, forcing his termination June 29.

Bowman, who worked with Clark when Bowman was with the department, called him a good man but found it “egregious and outrageous that a top employee would make that claim.”

It’s the city manager’s purview, Bowman said, to terminate those employees that are at-will.

“These types of decisions centralize around compatibility and capability, zero focus on color or ethnicity. Zero,” he said.

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©2016 the Inland Valley Daily Bulletin (Ontario, Calif.)

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