Mo. fire chief pressured to make promotions

By Jake Wagman
St. Louis Post-Dispatch

ST. LOUIS, Mo. — Fire Chief Sherman George has been put on notice: Make promotions in your department or face the consequences.

In a letter dated Wednesday, Public Safety Director Sam Simon gave the fire chief until Sept. 14 to comply.

"You should consider this to be a direct order," wrote Simon, whose department includes fire and emergency services. "Failure to follow this directive forthwith will subject you to disciplinary action."

The letter was a marked escalation in an ongoing feud between George and the office of Mayor Francis Slay. The mayor and the fire chief have endured a tense relationship since Slay took office six years ago. George became chief under former Mayor Clarence Harmon.

In July, Slay cautioned George that the failure to make promotions could hurt his ability to lead the department. The letter on Wednesday goes another step.

Though the letter was signed by Simon, the mayor made clear in an interview that he would support punishing George if the promotions are not made.

"If a boss gives you a direction to take certain action, and you fail to do it, there will be consequences," Slay said.

The dispute stems from a 2004 federal lawsuit alleging that tests to determine candidates for the ranks of captain and battalion chief discriminated against African-Americans.

Earlier this year, a judge ruled that they didn't, and George has been under pressure by the mayor and the fire union to make the promotions.

George declined to comment on the letter from Simon, referring questions to his attorney, Tom Blumenthal. George in the past has questioned whether the exam effectively tested the candidates.

The chief, Blumenthal said, will continue to operate "pretty much without regard to Mr. Simon's letter." He said George would decide whether to make the promotions after interviewing the candidates.

While Blumenthal said the interview process is on-going, Simon's letter stated that, as of the end of the day Tuesday, no interviews had been conducted.

Blumenthal also said he believes that Simon lacks the legal authority to compel George to make the promotions. The decision to promote, Blumenthal said, rests with George alone.

"The premise of the letter was illegal," Blumenthal said.

The stalemate has riled firefighters who spent weeks and even months studying for the promotional exams, only to be stuck in job limbo amid the legal and political wrangling. There are more than two dozen firefighters eligible for promotion.

According to Simon, the department has not promoted since 2002, leaving many key positions to be filled on an "acting" basis.

Last month, it appeared George was poised to make the promotions after he requested the list of eligible candidates from City Hall. However, he failed to meet a procedural deadline to promote off the list.

In Wednesday's letter, Simon said he secured an extension from the city's personnel department to keep the list active. He ordered George to make the promotions by Sept. 14 at 5 p.m.

"The safety and security of firefighters, our residents, businesses and respect for the rule of law are at stake," Simon wrote.

The increased pressure on George comes on the heels of another exam controversy.

The city recently threw out the results of a Fire Department entrance exam where more than 70 percent of the applicants failed because many could not answer basic math and reading questions. The fire union has argued that the applicants who passed the test should be eligible to advance.