Firefighters sue city over promotion
By CLARENCE MABIN / Lincoln Journal Star
Five Lincoln firefighters are suing the city of Lincoln over Fire Chief Niles Ford’s promotion of Capt. Jeanne Pashalek to deputy chief in November.
The plaintiffs, all of whom are male, are alleging Pashalek’s promotion was not based on merit and violated their due process rights under the Nebraska constitution, as well as city ordinances prohibiting unequal treatment based on gender.
Filed this week in Lancaster County District Court, the lawsuit seeks a declaratory judgment that the promotion violated the plaintiffs’ rights. It also seeks an injunction barring the city from continued violation of those rights. Such an injunction apparently would reverse Pashalek’s promotion.
Ford, who became the Lincoln fire chief in October, has said Pashalek, a 29-year-veteran, was the most qualified person for the post. He could not be reached for comment Friday.
The plaintiffs include Guy Pinkman, Brett Davis, Steven Dolezal and Michael Hohbein, all of whom are identified as captains in the lawsuit, and Dustin Morton.
In the suit, they claim, among other things, that they ranked higher than Pashalek on the department’s promotional list.
Dana Roper, the Lincoln city attorney, said Friday his office had not been served with the lawsuit, and he declined comment.
Don Taute, personnel director for the city, said city administrators assess employees’ eligibility for promotion based on written tests, which include multiple choice and essay questions.
Test results, along with seniority and the evaluations of job interviews, can figure into promotion decisions that, in the Fire Department, are ultimately made by the chief, Taute said.
“By the Defendant’s own rating system and promotional procedure, the Plaintiffs were more qualified than Fire Captain Pashalek,” John Corrigan, attorney for the plaintiffs, said in the lawsuit.
Corrigan of Omaha said in an interview Friday the “objective qualifications” of all five plaintiffs — measured in part, he said, by the job experience of the candidates — were superior to those of Pashalek.
According to the lawsuit, Pinkman logged 3,960 hours as acting deputy chief prior to November. Davis had been an acting chief since 1996, amassing more than 6,000 hours, the suit said.
Morton had been an acting deputy chief since about January 2000, and Dolezal an acting deputy chief for three years prior to his interview for the position in October, the lawsuit said. Hohbein has 498 hours as acting deputy chief, Corrigan said in the lawsuit.
Pashalek had 17 hours of experience acting as a deputy chief before her promotion, the attorney said in the lawsuit.
“All of them (the plaintiffs) had hundreds and hundreds of hours more doing the job as deputy chief,” Corrigan said.
Reach Clarence Mabin at 473-7234 or cmabin@journalstar.com.

Facebook
del.icio.us
Fark It
Reddit




Post Your Comment
Standards and RulesYour posted comment will appear after it has been approved.
Frequently asked questions about story commenting.
tim wrote on January 25, 2008 3:48 pm:
Jeff wrote on January 25, 2008 3:49 pm:
What? wrote on January 25, 2008 3:52 pm:
Disgusted wrote on January 25, 2008 4:24 pm:
silence dogood wrote on January 25, 2008 4:29 pm:
Can wrote on January 25, 2008 4:30 pm:
Get over it! The chief promoted the best qualified person period. "
quick commet wrote on January 25, 2008 4:49 pm:
Richard Cravin wrote on January 25, 2008 4:49 pm:
No wrote on January 25, 2008 4:51 pm:
Soylent Green wrote on January 25, 2008 4:54 pm:
At least none of them would be sleeping on a cot in their office... "
Jim wrote on January 25, 2008 4:55 pm:
SB wrote on January 25, 2008 4:57 pm:
Don't judge wrote on January 25, 2008 4:57 pm:
Ain't life grand? "
Get real! wrote on January 25, 2008 4:58 pm:
wahhhhhhhhhhhhhhhhhhh!! wrote on January 25, 2008 5:00 pm:
If I don' get a promotion and don't feel like I get a fair treatment at work, I quit and go somewhere else - why should you be compensated for your hurt feelings?!?!
Baseless lawsuits are why this country is in the mess it is in. Shame on all of them - handle this professionally! "
about time wrote on January 25, 2008 5:20 pm:
JJ wrote on January 25, 2008 5:26 pm:
You Go Guys! wrote on January 25, 2008 5:34 pm:
What's TRULY sad wrote on January 25, 2008 5:48 pm:
I have no sympathy for them. I have a feeling it's mainly because "she" is a woman. "
numbers wrote on January 25, 2008 6:03 pm:
jo wrote on January 25, 2008 6:04 pm:
Sooo...... wrote on January 25, 2008 6:06 pm:
just because wrote on January 25, 2008 6:07 pm:
what's the history here? wrote on January 25, 2008 6:16 pm:
rick wrote on January 25, 2008 6:18 pm:
Hang In There wrote on January 25, 2008 6:25 pm:
oh wrote on January 25, 2008 6:31 pm:
Chief Justice wrote on January 25, 2008 6:43 pm:
Herb wrote on January 25, 2008 7:01 pm:
Frederick wrote on January 25, 2008 7:16 pm:
JM wrote on January 25, 2008 7:35 pm:
amazed wrote on January 25, 2008 8:08 pm:
What's new... wrote on January 25, 2008 8:09 pm:
bye bye wrote on January 25, 2008 8:13 pm:
Sue wrote on January 25, 2008 8:31 pm:
Common Practice wrote on January 25, 2008 8:50 pm:
Think about it wrote on January 25, 2008 8:57 pm:
Since when wrote on January 25, 2008 9:29 pm:
Unbelievable wrote on January 25, 2008 9:38 pm:
Mike wrote on January 25, 2008 9:50 pm:
Christian Attitude wrote on January 25, 2008 9:51 pm:
Sad wrote on January 25, 2008 10:12 pm:
Laughing wrote on January 25, 2008 10:57 pm:
go get 'em chief wrote on January 25, 2008 11:03 pm:
Boo Hoo wrote on January 25, 2008 11:53 pm:
fairness comes with who you know..... wrote on January 26, 2008 12:21 am:
Doug wrote on January 26, 2008 5:55 am:
LET's SEE wrote on January 26, 2008 6:29 am:
mike wrote on January 26, 2008 7:02 am:
Rick wrote on January 26, 2008 8:11 am:
LOL wrote on January 26, 2008 8:15 am:
Been There, Done That wrote on January 26, 2008 8:28 am:
Way to go wrote on January 26, 2008 8:32 am:
Bill H. wrote on January 26, 2008 8:39 am:
Probaly no good will come of this lawsuit except for maybe City Supervisers being put on notice that their selections will be under scrutiny. A City Official with one month on the job who promotes a person with seventeen hours of out of grade experience(if true) to a very responsible position certainly should have their judgement questioned, if not by the Mayor, by Lincoln's citizens. Is the system flawed? You make the call. "
yoshiki wrote on January 26, 2008 9:14 am:
wow wrote on January 26, 2008 9:17 am:
They act as babies and if they owned the big red truck bet they would take it and go home. "
Mark wrote on January 26, 2008 9:24 am:
I know wrote on January 26, 2008 10:08 am:
Terry wrote on January 26, 2008 10:11 am:
Gerard Harbison wrote on January 26, 2008 10:29 am:
great wrote on January 26, 2008 11:05 am:
The new chief has major morale problems as the picketer said on his sign. Not just these five are demoralized, but the hundreds of other fire personnel who have to be directed by an inexperienced person in dangerous fire situations. Why would the chief use on-the-job training for a deputy chief postion? "
What if wrote on January 26, 2008 11:26 am:
sam wrote on January 26, 2008 11:45 am:
Rob wrote on January 26, 2008 12:08 pm:
Employees trying to serve the public/taxpayers are not encouraged or allowed to do so. Instead their supervisors hold meetings or give them tasks that take them away from serving the public in an effort to justify their own positions. Maybe it is time for city government to look at what is actually being accomplished in departments. Asking the employees who actually do the work might be a good place to start. Do the firefighters and other city employees for that matter really need as much "supervision" as they get?? In the private sector if a person needs that much supervision they would not have the job. You would not see this kind of waste in the private sector for very long. "
Go Chief wrote on January 26, 2008 12:19 pm:
Tired of Whining wrote on January 26, 2008 4:42 pm:
Joe wrote on January 26, 2008 5:13 pm:
wally wrote on January 26, 2008 7:11 pm:
Tom wrote on January 26, 2008 8:36 pm:
maybe wrote on January 26, 2008 9:36 pm:
Fire Dude wrote on January 26, 2008 10:21 pm:
seniority wrote on January 26, 2008 10:54 pm:
lfd wrote on January 26, 2008 11:49 pm:
Hjalmer wrote on January 27, 2008 6:46 am:
OmahaAnnie wrote on January 27, 2008 8:12 am:
how about wrote on January 27, 2008 8:28 am:
The Real World wrote on January 27, 2008 8:31 am:
Truth wrote on January 27, 2008 11:18 am:
Right on Chief! wrote on January 27, 2008 11:46 am:
SEEN IT FOR REAL wrote on January 27, 2008 11:54 am:
Cry babies wrote on January 27, 2008 12:04 pm:
Mike Lincoln wrote on January 27, 2008 12:42 pm:
But they were NOT out done by a "girl". The "boys" were clearly more qualified.
Discrimination is wrong even when it is against men, is it not??
"
tex wrote on January 27, 2008 3:54 pm:
Russ wrote on January 27, 2008 5:22 pm:
Vic wrote on January 27, 2008 6:34 pm:
Maybe wrote on January 27, 2008 6:48 pm:
Major typo wrote on January 27, 2008 7:23 pm:
Female MD to SEEN IT FOR REAL wrote on January 27, 2008 7:25 pm:
Just Because wrote on January 27, 2008 10:20 pm:
Firefighter wrote on January 27, 2008 11:08 pm:
Right on? wrote on January 28, 2008 7:05 am:
Mindful wrote on January 29, 2008 4:32 pm:
Move On wrote on January 29, 2008 9:44 pm:
It's much more likely that the chief selected the candidate that will help achieve the chief's vision for the department. This happens everyday in the private sector. Promotions are a privilege, not a right.
The city hired Chief Niles to make decisions. He made it. Let's move on.
"
RK wrote on January 30, 2008 8:44 am:
mike wrote on January 30, 2008 9:09 am:
Outsider looking in wrote on January 30, 2008 11:13 am:
In the end, what does any of this have to do with the protection of the citizens of Lincoln? I hope all involved can resolve this quickly and then get back to what they were hired to do. "
Sonya wrote on January 30, 2008 5:32 pm:
I am sorry Chief that you did not get that MEMO, Subject: SMILE. Maybe it got lost in the mail. "
Think about it... wrote on February 1, 2008 1:06 pm:
Interesting! wrote on February 1, 2008 6:54 pm: