Police union pans promotional hiatus

FOR THE RECORD: In the May 9 story “Police union pans promotional hiatus,” it should have read that association leaders argue that if the promotion process is deemed OK at the end of this, those who were on it would be adversely affected.****

The Newport Beach Police Department is paralyzed by a “cloud that hangs over the present administration” and its members need the Civil Service Board to help expedite the city’s investigation of recent promotions to clear the air, a police union said Friday.

In a stern, two-page letter sent to the Newport Beach Civil Service Board, City Atty. David Hunt and Police Chief John Klein, the Police Employees Assn. — representing police officers ranked below sergeant and non-sworn personnel — outlines its disagreement with Klein’s recent decision to suspend all promotions.

“The association does not support Chief Klein’s unilateral decision to suspend all promotions without consulting the association and without making provisions to protect the interests of those employees who properly attained their positions on the respective promotional list,” the letter reads.

In an April 6 memo to police personnel, Klein announced that he decided to not promote anyone until the city’s investigation into the promotion process in the department had concluded. He did not consult employees before making the move.

Candidates for promotions go through three testing phases with the top three performers put on a “promotional list” that lasts for a specific amount of time. After the list expires, everyone needs to be retested.

Klein has the option to request an extension of the current promotional lists, possibly to keep them alive through the investigation, but opted against it.

City officials have said it’s likely the investigation would last longer than the life span of the list. Therefore, the chief’s decision to hold off on promotions until the end of the investigation forces all candidates to retest for promotions.

One of those candidates who could potentially be affected by the move is Sgt. Neil Harvey. People familiar with the promotional process and test results said Harvey is the No. 1 ranked candidate for a lieutenant’s promotion scheduled to open up in about a week. Harvey recently won a $1.2-million decision in civil court that the department failed to promote him in the past as retaliation and based on false rumors that he is gay.

Association leaders argue if the promotion process is deemed OK at the end of this, those who were on it wouldn’t be adversely affected. The union reiterated it supports a fair and impartial investigation.

The Police Management Assn. — representing sergeants and higher-ranking officers — persuaded the Civil Service Board earlier this year to launch an investigation into how the chief and others had been promoted.

The city attorney recently weighed in that the recruitment to promote Klein violated a city ordinance and contracts with 19 city employees, many of them police department employees who stayed on after retirement, violated City Council policy.

Klein said he wouldn’t want to promote anyone through a system being questioned by the very employees who would be affected. He suggested there would be a “cloud” over their promotions; Friday’s letter from the association suggests the cloud hangs over his office.

Klein was unavailable for comment Friday.

The union points to Klein’s stated faith in the current promotional process — the one that saw him rise to chief from lieutenant in less than two years — as reason to continue employee advancement.

“The association would ... appreciate whatever action the commission can take to expedite the investigation as the department is becoming increasingly paralyzed by the cloud that hangs over the present administration,” the letter concluded.

Reporter JOSEPH SERNA may be reached at (714) 966-4619 or at joseph.serna@latimes.com.