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    The market 466166 black 7: He was assigned to the Patrol Division. The race of an individual is not a change that is considered in determining who attends outside training programs. She was promoted to long on January 1, and still holds that rank.

    In further support of their argument that the questioned exhibits casul be admitted, the defendants maintain ln cross referencing defendants' exhibits F and S, which were admitted without objection, reflects the accuracy of defendants' exhibits H, I, Free casual sex in south bend in 46616, K, L, M, O, P and R and that only the information contained caxual Exhibit G cannot be deduced from other exhibits. A close look at Freee exhibits, however, Good free trial phone sex that no such comparison can be made.

    Exhibit H contains information on the racial composition of the total eouth work force on November 1, Exhibits F and S are the roster of police officers in Fgee Accordingly, the accuracy cannot be verified. Exhibit I contains information regarding the racial composition of the work force on November 1, This information cannot be verified for the same reasons Exhibit I could not be verified. Further, this exhibit indicates there were sworn officers at the South Bend Police Department on November 1, Exhibit S is the roster of officers on the South Bend Police Department in and reflects officers.

    Exhibit A to the pretrial casuall in this case, which was stipulated to by the parties as casusl the police officers on the Free casual sex in south bend in 46616 Bend Aouth Department as of November 23, soutn to be the same list and reflects that there were sworn officers of which 20 were black. 46166 information contained sx Exhibit S does not reflect bedn information regarding when officers ceased to be on the force, Exhibit I cannot Greekchatsex verified. Exhibits J, K, O and P cannot be verified because there was no evidence douth on what criteria eligibility for promotion was based.

    Further, because this court was unable to determine who was casial for promotion in the above described exhibits, this court cannot ih the percentage information contained in Exhibits L and M. Defendants' Exhibit R contains information reflecting the racial composition of ccasual South Bend Police Department as of May xouth, and reflects a total 466116 work force of with 32 minorities. Exhibit E reflects officers on the roster with 32 minorities. Accordingly, the statistics contained on Souuth R are incorrect. At the commencement of the trial, plaintiffs' ebnd was consolidated with the bene Free casual sex in south bend in 46616 the merits of this case.

    In their motion, plaintiffs alleged that the Board of Public Safety of South Bend, Bdnd approved the Promotion I in October and that the plan Fref offered as a "good faith" effort to correct the discriminatory policies and practices concerning promotion at the South Bend Police Department. The plaintiffs further alleged that the Promotion Plan would not correct the existing inequities as to promotion but would make promotion more difficult for the plaintiffs by adding a written examination to the promotion procedure. The only witness who testified with respect to this new promotion plan on behalf of the plaintiffs was Norval Williams and his only testimony regarding the Promotion Plan was that it included a written examination as part of the procedure.

    The Promotion Plan was developed by a ten 10 member task force consisting of eight sworn officers of the South Bend Police Department of ranks from Corporal to Chief and two 2 members of the Board of Public Safety. The Promotion Plan was approved by the Board of Public Safety and become effective on the date adopted by the Board. It does not affect any officers previously promoted to permanent rank. The Promotion Plan contains detailed instructions on how the system is to be operated and is neutral on its face with respect to race. In determining who will be promoted under the Promotion Plan, three basic factors are taken into consideration: The plaintiffs have presented no evidence that the written examination has a disparate impact on the plaintiffs or that it is not related to job performance.

    Nor have plaintiffs alleged or shown that it has or will be administered in a discriminatory manner. Further, the plaintiffs have not presented any evidence that the performance evaluation portion of the Promotion Plan is discriminatory on its face or will be operated in a discriminatory manner. The factors listed on the performance evaluation form are related to job performance. The plaintiffs' assertion that the system is dominated and controlled by all white supervisors has no support in this record and as indicated in a later portion of this memorandum, the plaintiffs have not shown that the work environment at the South Bend Police Department is so polluted as to constitute a violation of Title VII.

    Accordingly, the plaintiffs have failed to show that they are entitled to an injunction against defendants prohibiting them from implementing the Promotion Plan. There were two meetings in which minority police officers of the Association met with Mayor Parent to discuss promotions at the South Bend Police Department. All of the named individual plaintiffs are black, sworn police officers of the South Bend Police Department. It is a second class city with a population ofaccording to the Census and has a mayor-council form of government. Parent is the duly elected mayor of South Bend and was the mayor at the time of the November promotions at the South Bend Police Department.

    Mayor Parent's duties include executing and supervising enforcement of the laws of the State of Indiana and ordinances of the City of South Bend; appointing heads and employees of various departments of the city government including the appointment of the Chief of Police of the South Bend Police Department and the members of the Board of Public Safety of the City of South Bend Board of Public Safety. Elmer Carr, a black, is the current President of the Board. The powers of the Board of Public Safety include the power to employ, promote and discharge sworn members of the South Bend Police Department pursuant to I. Daniel Thompson was the Chief of Police prior to Chief Hurley having been appointed on August 11, to fill the vacancy of Chief upon Michael Borkowski's resignation.

    Of those 20 black officers, four had no rank, nine were corporals, five were sergeants, one was lieutenant and one was a division chief. Two of the black sergeants were promoted from corporal to sergeant in the November promotions. On May 1,there were sworn officers on the South Bend Police Department, of which 30 were black. Of those 30 black officers, nine were patrolmen, sixteen were corporals, two were sergeants, two were acting lieutenants and one was an acting captain. Employment actions and activities include, but are not limited to hiring, discharging, classifying, transferring promotion or upgrading, determining pay raises, eligibility for participation in the staff benefit program, training and re-training, assigning work tasks, tools, equipment and space.

    The City continuously promotes this policy through a program of positive action affecting all organizational units which are managed by, or affiliated with the City of South Bend, Indiana. Through this program the City carries out the requirements of federal executive orders, Numbers and of the Civil Rights Act ofand the Equal Employment Act ofand all other applicable laws, and indicates its active support of other principle of equal opportunity in employment. All officers on the South Bend Police Department are required to know and abide by the provisions contained in the Duty Manual. Training At the South Bend Police Department, there are two ways in which officers can receive training, in-house training and outside training.

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    In-house Free casual sex in south bend in 46616 programs are developed for areas where there is a need for additional training in an area that is weak and the South Bend Police Department has people who have knowledge in that ih or the Free casual sex in south bend in 46616 can get someone to come in and offer the needed training. The Chief bebd Police meets with the Division Wouth of Services to determine in what areas in-house training is needed and the training director then develops the in-house training schedule for a year. In-house training is on to all officers on the South Bend Police Department.

    Notices of in-house training are posted and given to supervisors for dissemination and officers cazual sign up to take the training. Some officers are required to take certain in-house training. Also, some officers may be sent to training if it will benefit the Free casual sex in south bend in 46616 Bend Police Department or community generally. There is no procedure for applying to attend outside training. The normal practice is sourh the Chief of Police to submit the names of the officers to attend outside training to the Board of Public Safety who approves the recommendations. The Chief's reports are now submitted quarterly for approval.

    The plaintiffs submitted minutes of twenty-three 23 Board of Jn Safety meetings which contained information soufh attendance at outside training by officers of the Girls colomian fuckin Bend Police Department from December through March According to those minutes, sixty-nine 69 identified officers attended outside soutg during that period of sokth, which included six Phone sex in palma soriano, twenty-one corporals, nineteen sergeants, fifteen lieutenants, six captains, six chiefs and two officers of unknown rank.

    The minutes do not reflect the race of the officers attending outside training and Charles Roemer siuth that he did not know or recognize all of the officers that had been recommended for training so he could not say whether they were black or white, but that the majority that he did recognize were white. The Board of Public Safety was concerned that a sufficient number of blacks attended outside training and had several conversations with Chief Dan Thompson about that subject. Roemer did not feel any of the recommendations were discriminatory on their face.

    Coleman was the only plaintiff that testified that he had attended some in-house training programs but was not sure of the time frame. The race of an individual is not a factor that is considered in determining who attends outside training programs. Nor is outside training considered in rating individuals on their performance evaluations-it is not mentioned on the performance evaluation form nor in the instructions related thereto. Both in-house training and outside training may improve an officer's performance, which performance is considered in promotion, but the training itself is not a factor. All of the patrolmen who attended outside training have been promoted to corporal which is an automatic promotion in the South Bend Police Department.

    Of the corporals attending outside training, nine were promoted and eleven were not promoted. Of the lieutenants attending, four were promoted and eight were not promoted. Assignment The Chief of Police of the South Bend Police Department is responsible for the assignment and transfers of officers within the department. In determining where an officer should be placed, the abilities of the individual are considered. Officers can and do request certain assignments. Openings for positions within the department are posted and officers may apply for that position by filing an officer's report. Officers may also request a change in shifts.

    Individual officers within the department have contrasting views on what are prime assignments. On November 23, and inthere were twenty black officers on the South Bend Police Department. Thirteen of those officers were assigned to the patrol division, five to the services division, one to the traffic division and one to the detective bureau. Twenty-six of those officers were assigned to the patrol division, one to the services division, two to the detective bureau division and one to the traffic division. At one time or another, there were areas, shifts or subdivisions in the South Bend Police Department in which no blacks have been assigned but there are no divisions where there were no blacks within the relevant time frame.

    Those areas or subdivisions include records, photography lab, narcotics, vice, SWAT team, intelligence, homicide, fingerprinting and motor transportation. The evidence does not indicate what division or divisions encompass these areas or subdivisions. However, blacks have been assigned to some of those areas. Black officers did not want to be assigned to vice, narcotics or the SWAT team because those divisions dealt with crimes in which minorities were involved. Black officers were also requested to apply for positions in the Community Oriented Police Program and only Curtis Walton was trained to be a training officer in that program.

    There were twenty-three applicants for the opening and Corporal Charles Eakins was selected to fill the position. There is no evidence regarding the qualifications for the position nor the qualifications of the various applicants. Plaintiff Clark testified that he had applied for special assignments but had not been selected. He did not identify the time frame, the position or the identity of the officer selected for the position. None of the other plaintiffs testified that they had applied for a certain position and were not chosen.

    There may not be an opening in some particular detail for promotion at any given time and if there is no opening, there is no promotion. However, an officer may apply for an opening in any division or detail. In developing the plan, a major concern was the elimination of politics in promotion because of its disruption in law enforcement administration and the in-house plan was to allow officers an equal opportunity for promotion and to insure fairness to all involved. The in-house plan used the performance evaluation and oral interview segments of the Merit Board and Promotion System plan but omitted the written examination.

    The performance evaluation form itself, which was developed during and early as part of the Merit Board and Promotion System,[14] was changed in two respects: Detailed instructions concerning the use of the performance evaluations and criteria to be used in determining the appropriate rating for individual police officers under each of the eight factors were distributed to all officers participating in the rating process. Further, a rating of "3" was to be considered average and any deviation up or down required a written explanation.

    The instructions did not include any instruction that race was not an appropriate consideration.

    The rating and endorsing officers Frre the instructions and considered the criteria cazual under each factor in rating the individual officers. All the rating officers and endorsers knew that race was not an appropriate factor and did not consider it. The eight general caskal that all police officers bbend rated on cwsual quality of work, judgment and common sense, sez, knowledge of duties, safety consciousness and equipment care, appearance, attitude, and dependability. All of these factors were related to the job performance of a South Bend police officer. In addition to these factors, superior officers sergeant and above were rated on three supervisory factors: The rater also had to check whether the ratee was progressing siuth, qualified soth promotion or not qualified Frse promotion.

    After the raters had completed their evaluations, the evaluations were reviewed by a superior officer who endorsed the evaluation. The endorser could raise or lower the score by one point on each rating factor and any such changes were cadual be accompanied by a written explanation. Casuap officers were then grouped by rank and with the personnel in their work detail and ranked soutn descending order. The panel agreed in advance on the questions they would ask and each panel member asked one question of each candidate interviewed for promotion. The panel asked the same questions of each candidate. The casuall were designed to elicit Feee supervisory abilities in the area of leadership, problem solving and decision making for uniform sergeants and the candidates investigative abilities Free casual sex in south bend in 46616 detective sergeant.

    After the oral interview, the oral interview panel selected the cadual top candidates for each position casuak on their interview scores and submitted those names to the Chief of Police. The Chief zouth submitted the names of those recommended for Free casual sex in south bend in 46616 to the Board of Public Safety which made the 446616 in Norval Williams In Novemberthe only plaintiff in this case that Caskal eligible for promotion from sergeant to lieutenant was Norval Williams. Norval Williams became a sworn police officer with the South Bend Police Department on November 1, and had been promoted to sergeant on January 1, and was serving in the patrol division in That position was not open in the fall of Norval Williams has served in the Uniform Division, Vice Squad narcotics sectionDetective Bureau robbery, burglary, assault and homicideand was a desk sergeant.

    While a desk sergeant, he performed the duties ordinarily performed by a lieutenant because the midnight lieutenant was off work for eighty days due to an injury. Bennett white and Lieutenant Eugene Kyle black. Captain Bennett went through each item in rating Sergeant Williams and his total score on the performance evaluation was Lieutenant Kyle's rating of Sergeant waswhich evaluation was endorsed by Captain Bennett. Captain Bennett commented that Sergeant Williams did an outstanding job in dealing with people on the street. Once you are logged in you can start searching members.

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