State Agency Issues Complaint Over Police Promotions Process Orchestrated by Menino and Davis

Following an investigation, the Massachusetts Department of Labor Relations has issued a complaint, alleging that the City of Boston unilaterally changed the procedure used to promote police officers within the Department. Attorney Patrick Bryant represented the Boston Police Superior Officers Federation, which first filed a charge. The two other Boston police unions -- the Boston Police Patrolmen's Association and the Boston Police Detectives Benevolent Society - also filed charges that were combined into a single hearing.

In summer 2012, then Mayor Thomas Menino and Police Commissioner Ed Davis vowed to change the process to promote superior officers. While the City claimed that changes were necessary to promote diversity, the City never analyzed what about the promotions system caused the alleged lack of diversity. The City also never consulted with the police unions or MAMLEO, a group advocating for minority officers. The Federation repeatedly reminded the City of its obligations, including the obligation of the City to place any changes in the context of contract negotiations. The City claimed that any changes to promotions were unlikely to occur until mid-2014.

Under the leadership of Menino and Davis, the City disregarded the Federation's repeated demands that the City adhere to the law and provide information related to the proposed changes. In December 2013 - nearly a year after the City promised changes, but one year before the City predicted - the City announced dramatic changes to promotions, including the use of components other than written exam.

The complaint charges the City with changing the promotional process without first fulfilling its collective bargaining obligations and by failing to provide information requested by the Unions. The complaint also charges the City changing promotions while the BPSOF and the City were in state-mandated mediation and arbitration over a new contract.

As a result of the Complaint, the DLR will schedule a hearing to determine whether the City violated the law and, if so, what remedy to issue.