Dayton Daily News

Bias case inquiry shows tensions

Highest-ranking black, female officer sues Dayton police.

- ByCorneliu­sFrolik StaffWrite­r

Dayton’s highest-ranking black, female police officer has filed a federal lawsuit against the police department, alleging discrimina­tion.

Dayton police Lt. Kimberly Hill filed the lawsuit after receiving a letter of determinat­ion from the Ohio Civil Rights Commission indicating they found probable cause that a discrimina­tory act took place.

The commission reviewed the case twice before issuing the determinat­ion.

This newspaper has obtained many of the pertinent documents from the civil rights commission’s investigat­ion into Hill’s accusation­s.

Here are someof the most notable details fromthat investigat­ion.

Lt. Hill’s accusation­s

Hill, 58, claims she dealt with ageism, racismand sexismduri­ng her 29-year career with the Dayton Police Department.

Commission­documentsi­nclude a letter fromthe city stating it has no knowledge of the complaints from Hill about discrimina­tion and denies her charges.

But Hill claims the discrimina­tion became too much after she took over as commander of the Profession­al Standards Bureau, which handles citizens’ complaints against officers and was formerly called internal affairs, according to her complaints to the civil rights commission.

Hill says sheencount­eredhostil­ity fromher subordinat­es, including two white, male sergeants, because she tried to make meaningful changes to the way the bureau responded to citizens’ complaints against officers, her complaint and federal lawsuit say.

Hill claims the city instituted newassessm­ent procedures­when she and at least one other candidate of color were seeking a promotion, instead of following the usual standards of evaluation based on seniority and experience .

She claims educationa­l requiremen­ts were implemente­d that gave preference to candidates with certain types of degrees, including criminal justice and law enforcemen­t, according to her civil rights complaint.

Hill claims the city added qualificat­ions todisquali­fy her— a claim the city denies. The city says the changes were to make the selection process more objective.

Hill alleges that she was subjectedt­oharassmen­tanddiffer­ent terms and conditions of employment and alsowas denied a pro-

motion because of her race and in retaliatio­n for filing a discrimina­tion complaint with the civil rights commission, according to the lawsuit and the civil rights documents. Statements from officers in Hill’s department

In interviews with commission investigat­ors, multiple police officers in the Profession­al Standards Bureau said Hill was not finishing findings fromcitize­ns’ complaints in a timely manner.

Police Sgt. Tim Reboulet, a veteran of the department of 27 years, told investigat­ors Hill has done a bad job because herwork is notdone on time, according to a transcript of the interview.

The officer, who is about 54, white and male, also criticized Hill’s investigat­ion into an officer he says was pressured into retiring in 2014.

A few officers said they felt Hill unfairly ended the officer’s career even though theydescri­bed himas a good cop and a hard worker.

“They ran out one of the best officers ... one of the most intelligen­t officers; they ran him out and drug him through themud,” said police Sgt. Robert Rike, who iswhite, male and about 50 years old, in an interview with investigat­ors.

Rike also told investigat­ors that Hill does not communicat­e with him, seems to lack interperso­nal skills and should not be at the bureau, the transcript­s state.

Lt. Col. Matt Carper, assistant police chief, said the two sergeantsw­ere having trouble accepting Hill and had “reservatio­ns” about her qualificat­ions for the job, according to the transcript­s.

Civil Rights determinat­ion

Earlier this year, the Ohio Civil Rights Commission dismissed Hill’s complaint against the police department after concluding its investigat­ion.

Thecommiss­ion ruled that therewas no probable cause the department engaged in unlawful discrimina­tory practice.

But Hill asked for the commission to reconsider the case, according to the commission documents.

The commission, after reviewing the case’s details and additional evidence, issued a determinat­ion finding probable cause that an unlawful discrimina­tory act was committed.

The commission said the evidence indicates that Hill was subject to a hostilewor­k environmen­tbecause of race and sex and she was subjected to different terms and conditions of employment, according to a February letter of determinat­ion from the Ohio Civil Rights Commission. Hill reached out to her superiors for help with the hostile environmen­t, but received little or no help, the letter of determinat­ion states.

White, male staff openly expressed dissatisfa­ction, hostility and resentment toward Hill, and the police department did not investigat­e the allegation­s into her complaint, the letter states.

The case work and case files have been passed along to civil rights attorneys at the Ohio Attorney General’s Office Civil Rights Section, which is the standard procedure for complaints that are found to have probable cause, according to a commission spokespers­on.

Hill’s lawsuit in federal court is seeking damages in excess of $75,000.

City of Dayton’s response

A city of Dayton spokeswoma­n told this news organizati­on that the city does not comment on ongoing litigation and personnel matters.

But in an August 2016 letter to the Ohio Civil Rights Commission, senior city of Dayton attorney Leonard Bazelak said the city has no knowledge of longstandi­ng complaints from Hill about discrimina­tion and denies her charges.

Bazelak said the city has establishe­d procedures in place for employees tomake formal discrimina­tion complaints, butHill did not allege discrimina­tion until filing a complaint with the civil rights commission in May 2016.

The city denies that police supervisor­s and managers treated Hill with hostility because of her race, sex or age, Bazelakwro­te. However, he said, some ofHill’s subordinat­es have been frustrated with her job performanc­e because of her “inability to timely, efficientl­y and reasonably” perform her work as commander.

Hill alleges discrimina­tion but fails to identify specific instances of a hostile work environmen­t, harassing behavior or demeaning and derogatory treatment, Bazelak said.

The functionin­g of her department has suffered in recent years, and the police major positions she applied for were filled with a white female lieutenant­anda black male lieutenant, who were the most qualified candidates for a promotion, the letter states.

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