By Rosemary K. Otzman
Independent Editor
Four of the five top police command officers in Van Buren Township have filed racial discrimination complaints with the Michigan
Department of Civil Rights and the U.S. Equal Employment Opportunity Commission.
The four
claim they were passed over for the job of interim public safety director because they are white.
Filing
the complaints, all on Aug. 24, were:
* Dennis Brooks, 50, of South Lyon, lieutenant, employed
as VBT patrol officer in August 1981, complaint #471-2009-03220;
* Gregory Laurain, 50,
of VBT, captain, employed as VBT patrol officer in fall of 1982, complaint #471-2009-3221;
* Kenneth Floro, 39, of VBT, lieutenant, employed as patrol officer on April 1, 1996, complaint #471-2009-03223;
* Kenneth Brooks, 52, of VBT, captain and brother of Lt. Brooks, employed as VBT patrol officer on Oct. 29, 1979, complaint
#471-2009-03224;
The other VBT police lieutenant, Ernie Thornsbury, a 26-year veteran of
the department, did not file a complaint.
All the complaints are identical (including typographical
errors):
"Only July 7, 2009, I became aware that an Interim Public Safety Director
was hired by the Respondent [VBT and VBT Supervisor Paul White]. I was not allowed the opportunity apply for the position.
The position was not posted. The Township Supervisor stated his intent to hire a Black, Public Safety Director. The individual
hired was less qualified than me. I can only conclude that my race, White was a factor in the decision to hire/promote me.
"I believe I was denied the chance for hire/promotion due to my race, White, in violation
of Title VII of the Civil Rights Act of 1964, as amended."
The complaint forms claim
the discrimination took place on July 7, 2009, with Lt. Brooks, Captain Brooks, and Captain Laurain marking the box on the
complaint indicating the discrimination is a "continuing action." Lt. Floro did not mark that box.
The Mich-EEOC enforcement supervisor for the Detroit Field Office, Peter N. Morelli, is reviewing the charges and a determination
will be made whether the Justice Department will sue the township or will issue the complainants Notices of Right to Sue.
John C. Clark of the law firm Giarmarco, Mullins & Horton, is representing the township and
Supervisor White in this matter.
On July 20, Gerald M. Champagne, who was fired as VBT
public safety director in May, filed a similar EEOC complaint against the township and Supervisor White and was granted a
Notice of Right to Sue and he promptly sued the township/White/Ostrowski, in federal court claiming racial discrimination,
among other things. That suit is wending its way through the court system.
On July 7, a
majority of the township board (4-3 vote) accepted the recommendation of Supervisor White to hire Carl McClanahan as interim
public safety director. He has yet to be officially sworn into office.
In an Aug. 18 memo
to the board, township attorney Patrick McCauley addressed the charge by recall supporters that McClanahan was not qualified
for the post.
McCauley pointed out that the township board has, by a majority vote, deemed him to be
qualified on an interim basis.
While McClanahan may not meet all the qualifications set
forth in the July 2004 Public Safety Director job description, neither did Gerald Champagne when he applied and was hired.
The board used its discretion in hiring Champagne and, "It appears the same Board practice
was followed as to Mr. McClanahan," McCauley wrote.
There was no job description for
an interim public safety director.
McCauley wrote: "Moreover, while by all accounts
Captains of the Public Safety Department who have previously managed the Department for months on an interim basis on at least
two occasions have done an outstanding job, those individuals admittedly do not meet all of the requirements of the July 2004
job description."
The attorney's report states: "No request was made by the
Supervisor to in-house Captains (Brooks and Laurain) as to their interest in the position, both of whom had previously served
as Interim Directors (Perkins' retirement and Elg termination) and possibly had superior qualifications than the candidate.
However, there existed legitimate questions as to their willingness to accept significantly less compensation and their ability
to ‘bump back' to their current union status should they accept, then possibly be removed from the interim position."
McClanahan's salary for the interim position was approved at $89,000. Champagne had made
$99,700.04 in direct compensation in 2008 and $119,734 in total compensation, which includes fringe benefits.
Lt. Dennis Brooks made $85,363.88 in direct compensation in 2008, $122,386 total compensation.
Captain Gregory Laurain, made $116,931.21 in direct compensation and $155,562.79 in total compensation in 2008.
Lt. Kenneth Floro made $124,312.21 in direct compensation and $158,562.79 in total compensation in 2008.
Captain Kenneth Brooks made $111,494.44 in direct compensation and $150,908.61 in total compensation in 2008.
(Figures, obtained from the township through Freedom of Information Act requests, show all four officers would likely have
to take a cut in pay if appointed interim public safety director.)
While there were charges
of racial preference from those seeking a recall of the four township officials elected last November (including the four
officers who filed the complaints), Supervisor White stated that McClanahan's qualifications were the first and only consideration.
At one meeting, Supervisor White stated that he felt it was a "plus" that McClanahan
was an African American because of the diversity in the township population.
The entire
command structure of the VBT police department is white, with only one African American, a patrolman, in the entire department.