Saying the city has broad authority when it comes to promotions, a Cook County Circuit Court judge on Monday said a Chicago Police Department sergeants exam can go forward as planned on Jan. 10.
Circuit Court Judge Ronald Riley rejected a challenge to the test by the Fraternal Order of Police in ruling the city has “wide latitude” regarding its promotion policies and practices.
He disputed police union assertions that the city violated its own personnel rules by its selective distribution of study materials for the exam. Riley also said he found unclear the union’s objections to the educational requirement for candidates.
Riley also said that while the personnel rules allowed for merit promotions, he was troubled by the city failure to clearly define the term.
“Would it have been more prudent for the city to make available to the rank and file what the criteria will be?” Riley asked. “I believe so.”
FOP filed suit in late November to block the sergeants test and the “merit” promotions that Mayor Richard Daley has said he will make in addition to those based on high test scores.
The suit also sought a permanent injunction to stop the city from imposing a new educational requirement mandating that officers taking the test have at least 45 hours of college credit.
Union attorneys said they would immediately appeal Riley’s ruling and ask the Illinois Appellate Court to stop the exam.
“We’re disappointed that the judge didn’t see it our way,” said FOP attorney Thomas Pleines. “But it doesn’t mean that it’s over.”
But city attorneys applauded the decision.
Patrick Rocks, chief assistant corporation counsel, said “We’ve been saying all along that education is a very important requirement for future promotions and believe that merit is a very effective way of promoting supervisors.”
William J. Nolan, president of the Chicago chapter of FOP, said the ruling, if eventually overturned after a new sergeants promotion list is created, would bring more anger from officers against the policies of the mayor.
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“So all these guys will have wasted their time and effort when this thing is reversed,” said Nolan. “But let’s face it. This is what the mayor wants, and today the mayor gets whatever he wants.”