In a lawsuit filed in federal district court, a Santa Maria Police Department sergeant claims City Manager Tim Ness and Police Chief Danny Macagni violated his civil rights in not promoting him to lieutenant.
According to court documents, Sgt. Gregory Carroll is seeking damages and injunctive relief from the city—and Ness and Macagni individually—“as a result of the wrongful retaliation for lawful exercise of individual civil rights and liberties of free expression and the right to freedom of association.”
Lawyers for Carroll filed the suit on Oct. 8 in Los Angeles’ U.S. District Court, Central District of California. In it, Carroll alleges that he was passed over for promotion in retaliation for his involvement as president and board member of the Santa Maria Police Officers Association.
Carroll was hired by the police department in 1994 and promoted to sergeant in 2001. He won the department’s Supervisor of the Year award for 2001 and 2004.
He also served as president of the Santa Maria Police Officers Association from 1998 to 2004, and again from 2007 to 2008. Between 2005 and 2007, Carroll served as a board member for the union, according to court documents.
Carroll’s attorney, Michael McGill, said Carroll has “paid the price” for his activities both politically and within the department.
“For a while there, Carroll was trying to bite his tongue and go along with the program thinking maybe things would smooth over, but it never happened,” McGill said. “Apparently the grudge by the city manager has been held for a very long time, and it’s evident at this point that [Carroll] has no other recourse but to file this case.
“Unfortunately for the city, the city manager has made a lot of ridiculous comments in the past about Carroll,” McGill said. “I think he’s basically opened his mouth one too many times.”
Ness said he holds no personal bias against Carroll and called the lawsuit “completely baseless.”
“Once the facts of the promotion are known, it will clearly be seen that all of the allegations that Mr. Carroll has brought up, including being passed over for promotions, are meritless and unfounded,” Ness said. “This is the POA and certain members of POA leadership continuing to attempt to criticize, discredit, and undermine the authority of the police chief and the city manager.”
Lackie, Dammeier, and McGill, the law firm representing the POA and Carroll, has petitioned the city to include a measure on the November 2010 ballot that would, if approved, raise Santa Maria Police Department employee salaries. Pointing to a website for the firm, policeattorney.com, Ness said the lawsuit was part of a “larger scheme” by the union to gain leverage in those discussions.
Under a section on the website describing tools for negotiating contracts, a bullet point titled “Public Ridicule” states, “Blunders by the City Manager, Mayor, or City Council members or wasteful spending should be highlighted and pointed out to the public at every opportunity.”
Ness said the union is using the tactic and others listed on the website against himself and Macagni as a “negotiating ploy.”
“What the POA wants to do is essentially get me and the police chief removed from our offices,” Ness said. “Basically they want us fired, bottom line, and these are some of the pressure tactics they’re employing.”
Calling the lawsuit “unfortunate,” Macagni said Carroll’s job performance was the basis for his lack of a promotion.
“I’m extremely confident that once all the facts are on the table in federal court, that they will determine there’s no merit at all to [Carroll’s] allegations,” Macagni said. “There’s no doubt that [Carroll’s] a good sergeant, but being a good sergeant doesn’t mean that you’re going to be a good lieutenant. It is what it is.”
Macagni said the city would probably have to spend hundreds of thousands of dollars to defend the lawsuit.
“I think it’s absolutely tragic that the union backs their people to do these things,” Macagni said. “Come on, we are in some tough economic times. My budget has already been cut, and it’s going to be cut again. I’m just trying to make ends meet and provide service to the residents of this community the best I can. There’s no money for pay raises.”
Carroll’s attorney McGill said he’s comfortable there’s enough evidence and witnesses who will come forward to prove Carroll’s case. He said the city has until Oct. 28 to file a legal response.
This article appears in Oct 22-29, 2009.