Two Savannah-Chatham police captains have alleged that Police Chief Willie Lovett denied them promotion to the rank of major because they are not white.
The allegations by Charles E. Hall and Dean Fagerstrom are contained in separate suits filed in U.S. District Court and follow the April 2012 promotions of white officers Larry Branson and Richard Zapal to the rank of major.
The suits contend that Lovett, in announcing an opening for major at a 2011 command staff meeting identified it as being “a white position,” that he would appoint a white to the position and that blacks need not apply “because he already had two black majors.”
According to the lawsuits, Lovett told the meeting “You all know this is a white position” or substantially similar words.
Subsequently, Gerri Long, who is a white female, resigned leaving a second major’s slot open.
Hall is black; Fagerstrom is an Asian-American.
Branson and Zapal filled slots vacated by Mark Gerbino and Long, both of whom are white.
The other two major slots are held by Julie Tolbert and James Barnwell, who are both black.
Despite Lovett’s comments, Hall and Fagerstom applied for promotion to the rank of major.
On Feb. 4, 2012, Fagerstrom and Hall were informed they had been denied the promotions. In April, Branson and Zapal were promoted.
“It is the policy of the city of Savannah not to discriminate against any employee on the basis of race,” City Manager Stephanie Cutter said Tuesday. “The city, including the Savannah-Chatham Metropolitan Police Department, is committed to recruiting and retaining a diverse workforce, one that mirrors the community it serves.
“Both the city of Savannah and Chief Lovett vigorously deny the assertion that the chief discriminated against African-Americans and other minorities. On the contrary, he promoted qualified candidates who, in his discretion, were best-suited for the job at hand.
“Thus, the city will vigorously defend both of the lawsuits, which have been filed recently in federal court.”
Through a spokeswoman, Lovett declined to comment Tuesday.
In Hall’s lawsuit, he contends the city’s “unlawful custom or policy or racial balancing was the moving force behind Hall’s denial(s) of promotion.” Fagerstrom argues an unlawful custom or policy or racial balancing was the moving force behind Fagertrom’s denial of promotion.
Both suits seek a determination that the city violated the officers’ rights, as well as back pay and installation to the rank of major along with punitive damages.
Fagerstrom’s suit, filed Friday, contends he has “suffered severe mental and emotional distress” as a result.
Hall’s suit, filed in January then amended in June, contends he was denied “a significant increase in rank, compensation, responsibility and prestige.”
According to the suits, Lovett is the “final decision maker with respect to each of the unlawful employment actions” in the suits.