Federal consent decree under review

Officials expect BRPD to be released from federal order

City-parish officials on Tuesday disputed fired Police Chief Dewayne White’s claim this week that the Police Department is unlikely to come out from under a decades-old federal consent decree that forbids discriminatory hiring practices against black people and women.

“I think we’re on the way to being released,” Assistant Parish Attorney Dawn Guillot said.

“Unfortunately, it’s a situation where we can do some things, but there are some things we can’t help.”

At a contentious termination hearing Monday, White said the Police Department “still is not doing enough to recruit and hire black persons and females,” citing recent talks with the U.S. Justice Department.

Guillot said city-parish officials plan to meet with Justice Department representatives early next month to discuss the status of the consent decree.

The decree, which applies to both the police and fire departments, took effect in 1980 and applied to Baton Rouge and several other Louisiana cities and parishes.

“My appreciation is that they still wanted to look at the numbers and ask us a few more questions and meet with us some to get some more information,” Guillot said. “I think after our March meeting, we’ll have a better idea of what we need to do to try to meet those goals.”

Baton Rouge and nearly three dozen other Louisiana cities and parishes entered into a partial consent decree in 1980 to resolve a claim by the federal government that the jurisdictions “engaged in a pattern or practice of discrimination” against black people and women in the hiring and promotion of police officers and firefighters.

The government had contended the defendants “used entry-level and promotional examinations and other selection processes that had an adverse impact on blacks and females,” according to court records.

Federal authorities had threatened to cut off revenue sharing and Law Enforcement Assistance Administration funds if discriminatory hiring practices were not ended.

The decree set forth an interim goal for the departments of filling at least 50 percent of all uniformed police and firefighter vacancies with qualified black applicants.

Nine of the 33 jurisdictions were dismissed from the decree between 1980 and 2004. Baton Rouge was not among the 20 cities and parishes — including St. Martinville, New Iberia and St. Landry Parish — that were released from the decree late last year and recognized for diversifying their police and fire departments.

The composition of black people and women among those departments “improved significantly and mirror the relevant civilian labor force in the hiring area,” U.S. District Judge Lance M. Africk wrote in a November order.

Baton Rouge has had more trouble recruiting and retaining minorities and women in part because the pool of qualified applicants is limited, Guillot said.

Smaller departments, meanwhile, have to find fewer minorities and women to diversify their ranks satisfactorily, she said.

Guillot said the city-parish does not have a specific quota to meet, and that the Justice Department has been more interested in analyzing the city-parish’s approach to recruiting than examining “just straight out numbers.”

“I think the goal is to try to make the process to where you eventually want it to reflect the population of the city,” Guillot said. “When you’re talking about discrimination in a statistical manner, you’re usually trying to match the population of the entity.”

Justice Department officials confirmed that Baton Rouge remains under the consent decree but did not respond to questions Tuesday about whether the city-parish had made progress.

White’s attorney, Jill Craft, stood by the ousted chief’s statements, saying Tuesday that racial and sex discrimination in the Police Department has been a long-standing issue that “really needs to be addressed.”

“I think what the chief was receiving from the Justice Department is they were not satisfied with the progress or initiatives of bringing in African-American and female employees into the Baton Rouge Police Department,” Craft said.

While law enforcement remains a “male-dominated profession,” the Police Department has made efforts in recent years to diversify, said Lt. Don Kelly, a police spokesman.

“Consent decree or not, it’s definitely on the mind of our recruiters and our agency to try and hire, first of all, the best candidates we can get,” Kelly said.

“But at the same time, you do want to have a department that is diverse and that reflects the population you serve, and that’s a reality and goal that we strive for all the time.”

Kelly said the department’s recruiting office reaches out to minority communities through appearances at job fairs, churches and universities.

“The biggest thing is our own officers telling their friends and their family about the job that they have and being salesmen for the department to try and recruit good, quality people that they know to come join us,” Kelly said, “and that’s where we get the majority of our good applicants from.”

Nearly 90 percent of the city’s police officers are men, Kelly said. About 69 percent of the department’s 687 officers are white, Kelly added, while about 29 percent are black.

The 2010 Census estimated the city’s population to be 54.5 percent black and about 39.4 percent white.

In 1980, when the consent decree took effect, city police had 326 commissioned officers. Only 34 — or about 10 percent — were black. Women made up about 19 percent of the force at the time, according to news accounts at the time.

The challenges of retaining female recruits was highlighted this week at the onset of the department’s 79th Basic Training Academy. Of the 30 recruits, only four were women, Kelly said. Two women — including a black woman — quit after the first grueling day of training, he said, as did one male recruit.

“In many cases it’s not that the effort is not being made,” Kelly said. “It’s just that there are only a certain number of qualified, willing applicants who want to come do the job and can make their way through all of our processes.”

Kelly added, “What you don’t want to do — and what we’ve always tried to avoid doing — is lowering our standards.”


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Comments (14)


1) Comment by brhope - 02/20/2013

Chase down is a donut with a cup of coffee

2) Comment by brhope - 02/20/2013

I'd be tempted to run if that instructor pulled me over. The only thing he can chase down in a donut with some coffee.

3) Comment by Attila - 02/20/2013

It comes from decades of liberal legislators and judges making laws and rendering decisions that fly in the face of common sense. We have finally seen it escalate to the point that liberals have demanded, and BHO has agreed, to women in front line combat. That is what happens when we allow people who have never served, have no knowledge of the intricacies both social and operational, of military operations, to make these kind of decisions. All this does is validate the fact that, due to the liberal agenda of the courts that some people are more equal than others in the eyes of the law. Physical, educational, and emotional abilities have been sacrificed at the alter of political correctness.

4) Comment by Duckyluve - 02/20/2013

All a consent decree does is force the city to hire unqualified people, black and white. If they are going to hire 30 people they should hire the 30 most qualified regardless of their skin color. I cannot understand the mentality of SOME black people that demand to be treated equal and then they demand special treatment because of the color of their skin. Can somebody explain that mentality to me?

5) Comment by rockynoggin - 02/20/2013

@secretSquirrel why should they tell him to his face? Does he not own a mirror?

6) Comment by PLac - 02/20/2013

The Holden-White conflict seems the perfect solution (micromanagement). Pulls the rug out right from under them (usurps the usurp). Force a trend (national committee).

7) Comment by pwmayeux - 02/20/2013

Everyone should have known as soon as Jill Craft got involved it would become a major race issue. That is all she has and when it can't get the camera's attention, she is not interested. At the end of the day all she will accomplish along side White is to weaken the PD. I have been able to work with several members of BRPD and I trust them. I am sorry to see The Advocate, Jill Craft, Dwayne White and members of the Metro Council smear their reputations all for a 30 second clip on the nightly news.

8) Comment by SecretSquirrel - 02/20/2013

8point6 and Whocares, I have a suggestion for you. Why don't you tell that to this Instuctor and former Marine DI to his face. Let me guess, you won't, but rather post your comments on here like a coward that you both are.

9) Comment by Being_Stupid - 02/20/2013

How pathetic? We only have 1 Asian on the Police Force? Not 1 hermaphrodite is on the police force, only males and females. Where is the diversity?

10) Comment by 8point6 - 02/20/2013

IMO, he instructor should enroll in mitchelle's "Buns of Cottage Cheese" program.

11) Comment by Duckyluve - 02/20/2013

3 quit the first day? How weak they must have been. Why should anybody be hired based on the color of their skin? Talk about discrimination. So black people want to be treated equal but they expect preferential treatment because they are black? Makes perfect sense to me

12) Comment by WhoCares - 02/20/2013

I can't believe how out of shape and overweight the instructor is in the first pic. That's embarrassing. What a joke.

13) Comment by Hello Baton Rouge - 02/20/2013

This is going to work out perfectly. The childlike mentality of the union crying to the Mayor because the chief had the audacity to expect them to do police work is going to backfire and result in a full investigation of the entire department by the feds. I love it. This is what happens when you act like a 9 year old that didn't get his way from daddy so you cried to mommy. Enjoy working under the microscope for years to come.

14) Comment by simbatigercat - 02/20/2013

assault complaints, Discrimination complaints, What standards??