Akron Beacon Journal
AKRON, Ohio — Nine members of the Akron Firefighters Association have filed suit, seeking to block the city from giving its long-awaited promotional tests scheduled for next week.
Lawsuits filed separately in state and federal courts provide yet another twist to a years-long court battle between the city and firefighters over department promotions.
Attorneys for the firefighters’ union filed court papers Friday seeking a temporary restraining order to stop the city’s test scheduled for Feb. 7. A hearing is set for Wednesday before U.S. District Court Judge John R. Adams.
A similar suit also was filed earlier Friday in Summit County Common Pleas Court. However, after a meeting between attorneys and Judge Todd McKenney, the union dropped its request for a restraining order and agreed to a full hearing Feb. 19.
Later in the day, however, the union filed for the restraining order in Adams’ court.
At issue in the latest legal rift is the city’s policy that gives promotional candidates from within the department bonus points for living in the city or being military veterans.
Stephanie York, a city spokeswoman and assistant law director, said the city is dismayed by the union’s efforts to stop the tests. She said the city feels the tests should go forward next week, and arguments over the bonus points can be decided later by a judge.
“This is very frustrating because all along the union has asked to have these positions filled and have the tests be offered and now they go to another court with a motion to halt the test,” York said.
The city is planning to give promotional tests for lieutenants and district chief positions after about 10 years of no promotions, due in large part to the contentious litigation.
The nine firefighters, all of whom are candidates to become lieutenants, say the 20-percent bonus points awarded to candidates who live in Akron are arbitrary and “create a de facto residency requirement.” The city once required municipal workers to live in Akron, but unions objected and the law was struck down in court years ago.
In addition to residency, the union contends the additional 20-percent bonus points awarded to veterans violates Ohio law.
The lawsuit says 23 of the 130 firefighters set to take the test to become lieutenant are not eligible for either bonus.
Sixteen firefighters are set to test to become a district chief. All but one candidate is in line to receive at least one of the bonuses, according to the union lawsuit.
Elsewhere, the firefighters union is contesting promotions in a motion pending in U.S. District Court. Late last year, Adams issued an order forbidding the city from making any promotions until he rules on a challenge to a court monitor’s decision that would have allowed — for the first time — promotions based on seniority and training.
As a result of all the litigation, the fire department has few high-ranking officers. Instead, firefighters have been relying on acting officers who aren’t paid as much and don’t have as much training as permanently promoted officers.
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