Lawsuit filed by police officers claims cronyism in department
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IDAHO FALLS – Seven police officers have filed a lawsuit against the city of Idaho Falls and the Idaho Falls Police Department alleging violations of “cronyism, favoritism and disregard” for advancement and promotion policies.
In an 11-page complaint filed in Bonneville County court Wednesday, Tim Downs, Spencer Steele, Josh Deede, Eric Anderson, Kyle Christopherson, Leendert Van Hulten and Stephen Avery claim Police Chief Mark McBride failed to promote them in favor of less qualified applicants under the city’s civil service rules.
The city’s rules provide procedures for hiring, promoting and firing employees of the Idaho Falls police and fire departments. The rules detail testing requirements for police officers applying for promotions.
Upon taking the exams, officers are ranked according to performance on an eligibility list. They remain on that list for two years unless they are disqualified or take their names off the list.
The rules dictate the IFPD can only make appointments to vacant positions based on the eligibility list. Three names are submitted from the list to a city commission appointed by the mayor and City Council. Once they are approved, the police chief promotes one of the three to the vacancy.
The lawsuit claims in March 2015, testing was conducted to fill a vacant sergeant position. The plaintiffs underwent testing and were placed on the eligibility list in order of performance. They were to remain there until March 2017.
Van Hulten and Avery were second and third on the eligibility list, but in May 2015, the lawsuit contends, McBride removed them from consideration “without explanation and (contrary) to the civil service rules” and then promoted someone who would have ranked fourth on the list.
“This manipulation of the list is demonstrative of the attitude taken by the chief of police as it relates to civil service compliance,” the lawsuit states.
In a separate incident, on June 11, 2015, the lawsuit claims McBride requested three names to fill another vacant sergeant position. The three names provided were Steele, Downs and Deede. However, McBride did not fill the job opening.
More than a year later, on July 25, 2016, McBride announced that human resources had posted the position for police sergeant and applications were being taken. Additionally, McBride told officers a new test would be administered to create an eligibility for the position.
The plaintiffs said they expressed their concerns through lawyers to McBride that the civil service regulations were not being followed. They believed he was ignoring the rules so he could “unilaterally develop a system where he could choose the next promoted officer” instead of relying on “objective testing.” The lawsuit calls this an “intentional act” that has “bred cronyism, favoritism and disregard for the adopted procedures” of the city and police department.
The officers are asking that the recently announced sergeant position be filled from the eligibility list made in March of last year, that the list isn’t altered until the list of candidates from March 2015 has been exhausted and that Van Hulten and Avery be returned to the list. In addition, they are asking for attorney fees.
EastIdahoNews.com reached out to the city and police department for comment.
“The department cannot comment on pending litigation,” police spokeswoman Joelyn Hansen said.
Assistant City Attorney Michael Kirkham also told EastIdahoNews.com the city does not comment on pending litigation.