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Union challenges promotion of Buffalo police

Published:November 17, 2009, 7:59 AM

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Updated: August 21, 2010, 3:05 AM

Eight promotions in the Buffalo Police Department face the threat of a federal court challenge by police union officials, who claim politics and favoritism were involved in the selection process.

“You have four white Irish males, all decorated and competent, and respected by their command officers and peers being passed over,” said Lt. Robert P. Meegan Jr., president of the Buffalo Police Benevolent Association.

The PBA, he said, is considering filing the federal discrimination lawsuit and asking the state attorney general’s office to investigate how the promoted officers were selected.

“This is what happens when you have politically connected individuals making decisions that are beyond their competency level,” Meegan said.

Mayor Byron W. Brown, who was at the promotional ceremony Monday in Police Headquarters, later defended the promotions, saying the PBA’s complaints were “absolutely nonsense.”

“I don’t know what the PBA or Mr. Meegan is talking about,” Brown said. “These promotions were done completely in accordance with New York State civil service law, and we’re very pleased to promote these individuals.”

Promoted to lieutenant were Joseph Fahey, Christopher Mendola, Carmen Menza and Paul K. Mullen. Promoted to detective were Mark R. Costantino, Cedric Holloway, Edwin Perez and Tara Wells O’Neill.

Passed over for lieutenant were Detective William Cooley, who was next in line for a promotion on the civil service list, and Officer Robert Joyce. On the detective promotional list, Officers Thomas Sharkey and Anthony McHugh were next in line but passed over.

Lt. Sean O’Brien, the PBA’s second vice president, said the four officers who were passed over, in addition to scoring high on the promotional tests, were recommended for advancement during the interview process by the police administration screening committee.

A state appeals court ruling about four years ago determined the city has the right to select a candidate from the top three individuals on the promotional list because “police officers are held to a higher standard.”

Meegan says he does not understand why the four were passed over after they were recommended for promotion.

“I’m not disparaging the individuals being promoted,” the union president said. “What I’m saying is that for the individuals passed over, it appears there is now a cloud of suspicion of apparent phantom wrongdoing, if you consider the state court’s ruling.”

Police Commissioner H. Mc-Carthy Gipson pointed out that Costantino has been the top officer in the department when it comes to making arrests in recent years.

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