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Neb. firefighters debate use of affirmative action for promotions

By Karen Sloan
Omaha World-Herald
Copyright 2007 The Omaha World-Herald Company

OMAHA, Neb. — Two black firefighters offered very different takes Tuesday on affirmative action promotions in the Omaha Fire Department, as the city considers eliminating the practice.

Paramedic Keiron Taylor told the City Council that the current plan, which gives promotion preference to women and minorities, is unfair. Everyone in the department has an equal opportunity to be promoted based on merit, he said.

Capt. Clifton Wells, president of the Omaha Association of Black Professional Firefighters, told council members that minorities aren’t on a level playing field with other firefighters. He said the subjective process used to evaluate firefighters for promotions often places black firefighters at the bottom of the list.

The City Council is considering an ordinance that would eliminate racial or gender preferences from the Fire Department’s promotion process. The proposed changes are part of a settlement the city is seeking with the Omaha Firefighters Union and two white firefighters who sued in 2003. The lawsuit alleged that the firefighters were passed over for promotions because of their race.

The 8th U.S. Circuit Court of Appeals ruled in favor of the firefighters last year but sent one aspect of the lawsuit back to U.S. District Court: Omaha’s argument that the affirmative action plan is needed to retain a diverse work force.

If the council approves the settlement, the city would avoid going to trial. The council could vote on the matter as early as June 5.

Currently, when a job opens up, the fire chief considers the three highest-ranking candidates based on tests and interviews. But if it’s determined that women and minorities are underutilized in the job category, the chief can also consider female and minority candidates not among the top three.

Under the proposed change, the chief would be allowed to consider only the four top-ranking candidates for each position, regardless of race and gender.

The changes would apply only to promotions in the Fire Department, not to hiring.

Representatives of the Omaha Association of Black Professional Firefighters argued against changing the promotions process. Instead, they asked the council to examine how candidates for promotions are identified.

“We say that we’re all on the same playing field, but look at any promotions list, and the minorities are at the bottom,” Capt. Marvin Ervin said. “There’s a problem somewhere. Why aren’t we getting minorities into these jobs?”

Wells said candidates who don’t score high on the interview portion of the assessment are never told why.

Blacks, Hispanics, Asians and American Indians together make up about 14 percent of the Fire Department’s staff of nearly 700. Women make up about 4.5 percent.

Minorities fill about 16 percent of the department’s 213 leadership positions, while women fill 5 percent.

Capt. Melanie Bates, who is the wife of fire union President Darren Bates, said she supports getting rid of affirmative action in promotions. She said that the practice creates tension among co-workers and that many women in the department have turned down promotion offers when their gender was a factor.

“I don’t need a handout or a hand up any longer,” she told the council. “Let me succeed on my own merit.”

Darren Bates said the union supports diversity in the department but wants to ensure that the most qualified candidates get leadership roles.

Councilman Frank Brown urged Wells and Darren Bates to meet and develop ideas to improve the promotion assessment process and minority recruitment. He said he wants to hear the ideas before the council votes on the settlement.