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.

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Get over it! The chief promoted the best qualified person period. "
At least none of them would be sleeping on a cot in their office... "
Ain't life grand? "
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! "
I have no sympathy for them. I have a feeling it's mainly because "she" is a woman. "
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. "
They act as babies and if they owned the big red truck bet they would take it and go home. "
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? "
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. "
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??
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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.
"
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. "
I am sorry Chief that you did not get that MEMO, Subject: SMILE. Maybe it got lost in the mail. "