By Stacie N. Galang
PEABODY — Police officers next in line for promotions from 2007 to 2009 say the city filled positions temporarily to keep them from advancing in rank.
The city, however, is arguing it didn't move officers up because it was in the process of changing its managerial structure and awaiting funding.
Both sides presented the basic facts of their cases to Civil Service Commission Chairman Christopher Bowman yesterday morning in a cramped basement conference room at City Hall.
Nearly two dozen officers and lawyers who had some stake in the hearing sat in the audience as Bowman moderated a back-and-forth discussion between the officers' attorney James Lamond and assistant city solicitor Dan Cocuzzo, who sat next to police Chief Robert Champagne.
"This case is about vacancies we feel should have been filled during that time frame," Lamond said.
After about two hours, the attorneys agreed to meet on their own to compile a list of additional facts they will submit to Civil Service by April 2. They each have until April 16 to then make their case to the commission based on those subsequent facts.
Bowman said he would use those documents to issue any finding.
"The commission will try to act as quickly as possible," he said.
At stake, for officers like Detective Antone Sims, Sgt. Sheila McDaid and Detective Sgt. Charles Randall, is the chance to be considered for advancement based on their prior rankings.
Officers' Civil Service test scores determine how they're ranked and therefore whether they can be considered for any promotions. The higher they are on the list the better chances of advancement.
As top scoring officers get promoted, the remaining officers move up in the rankings.
But the list doesn't last forever. Once it expires, officers lose their standing and must retake the test, hoping their scores place them near the top.
Since the first three officers filed their complaints with the Civil Service Commission, another nine officers have joined in.
Sgt. James Christman, Sgt. William Cook, Detective Sgt. Glen Fredericks, Sgt. Albert Lopes, Detective Douglas Marcus, Sgt. Steven Marques, Sgt. Timothy Maroney, Sgt. Arthur Yeo and officer Stephen Zampitella have all filed appeals.
Some have asked Lamond to take their case while others have decided to represent themselves.
Complicating matters, is a shorter list of officers like Sgt. Scott Richards who were promoted during that time and want to ensure any commission decision doesn't affect their standing. His attorney Michael Smerczynski was on hand during yesterday's proceedings.
Police union president Richard Rose and union attorney John Becker also sat in on the two-hour hearing.
"The union is here to make sure the process works fairly for everybody and make sure the facts come out," Becker said.
Lamond is saying the city had department openings because of two captain retirements. The city paid lower-ranking officers to do the tasks rather than making promotions.
That practice stalled officers' advancement, trickling down to lieutenants and sergeants. Lamond is arguing, in essence, the city flouted Civil Service laws by paying officers to perform the tasks while sitting on the promotional list.
"Each time this occurred, the duties continued to be performed by one or more people," Lamond said.
Cocuzzo said Peabody had to wait until the City Council approved and funded structural change that added a second deputy police chief before making any promotions.
He said the officers hoping to be moved into higher positions simply lost the chance because their eligibility lapsed.
"The bottom line is the city is not required to fill the vacancies," the assistant city solicitor said. "The city's position is it did everything required to do under (Civil Service) laws."
Now, attorneys for both sides must meet to agree to certain additional facts related to the slew of appeals before the commission and submit them. They will have one more chance to argue their position in writing by the April 16 deadline, before Bowman issues a decision.
After the hearing, Lamond said though he disagrees with the city's arguments he hoped the commission had all the necessary details.
"Our goal is to make sure the commission has all the facts," he said.
Cocuzzo said Peabody followed the law and informed the state through its Human Resources Divisions of its promotional process.
"There was no intent to circumvent the law or to single out individuals and purposely allow the list to expire," he said.
