Clayton County News 3:42 p.m. Wednesday, July 15, 2009

Clayton police claim Victor Hill suit made them lose pay

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AJC

Eleven Clayton County police officers claim they were denied promotion because of former Sheriff Victor Hill’s illegal firings.

The officers filed suit Monday in federal court in Atlanta, demanding a jury trial and compensation for their missed pay and rank. The officers sued each of the five county commissioners and the county’s personnel director.

“This is an outgrowth of the actions of our previous sheriff,” County Commission Chairman Eldrin Bell said Wednesday. “It will be a while before we get over all of the issues related to the sheriff.”

The suit alleges that Bell denied the officers’ promotion even after Hill left office.

“There is a domino effect on their careers,” said A. Lee Parks, the officers’ attorney. “This is money that should be going into their pension. Exponentially, over the course of their career, it is well over six figures.”

On his first day as sheriff in 2005, Hill put snipers on the courthouse roof and fired 27 deputies. Two years later, a federal judge ruled the terminations were illegal and ordered the county to pay out $7 million.

As part of the settlement, the County Commission created seven lieutenant’s positions in the Police Department for the fired deputies.

“These were sheriffs. They had no experience and were not qualified,” Parks said Wednesday. “These were political appointments and pure political patronage.”

The Clayton County Police Department has about 300 officers, who patrol the county and investigate crimes. The Sheriff’s Department has about 200 deputies, who handle courts, warrants and jail.

Four of those who took the newly created lieutenant positions have since rejoined the Sheriff’s Department now that a new sheriff has been elected.

Clayton Police Chief Jeffrey Turner promoted officers to fill those vacancies. However, Bell denied the promotions.

“Turner didn’t have permission to fill those vacancies,” Bell said Wednesday. “The promotions are not made until I put my signature on them. He can’t promote them without my approval.”

The suit claims Bell did this in retaliation to the officers, who had filed grievances about the deputies’ appointments.

The suit was filed by three lieutenants, five sergeants, a captain, a patrol officer and an investigator — all who were eligible for promotion, according to police records.

The suit alleges that the county violated its own policy, which says the Police Department must give a test and promote the most qualified officers.

The suit alleges the commission violated the officers’ due process rights.

On Wednesday, Bell said he had not read the suit and could not address the officers’ specific complaints, but said he felt the commission acted properly.

“We feel strongly we have done what was in the best interest of the county,” he said.

Hill lost a bid for re-election last year. He has since filed for bankruptcy. He has been under investigation for missing equipment from the Sheriff’s Department.

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