Chicano Police Officer's Ass'n v. Stover

526 F.2d 431, 11 Fair Empl. Prac. Cas. (BNA) 1056, 1975 U.S. App. LEXIS 11844, 10 Empl. Prac. Dec. (CCH) 10,540
CourtCourt of Appeals for the Tenth Circuit
DecidedNovember 20, 1975
DocketNo. 74-1169
StatusPublished
Cited by38 cases

This text of 526 F.2d 431 (Chicano Police Officer's Ass'n v. Stover) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chicano Police Officer's Ass'n v. Stover, 526 F.2d 431, 11 Fair Empl. Prac. Cas. (BNA) 1056, 1975 U.S. App. LEXIS 11844, 10 Empl. Prac. Dec. (CCH) 10,540 (10th Cir. 1975).

Opinion

HOLLOWAY, Circuit Judge.

This civil rights suit challenges both the hiring and promotion procedures of the Albuquerque, New Mexico, Police Department (the Department) as racially discriminatory against Spanish-speaking and surnamed Americans. The plaintiffs are twelve Chicano employees of the Department and the Chicano Police Officer’s Association (the Association).1 The defendant Stover is the Chief of Police of the Department and the other defendants are the City Commissioners and City Manager of Albuquerque.

The complaint essentially alleged that the defendants had deprived plaintiffs, under color of State law, of rights, privileges and immunities secured by the constitution and laws of the United States in violation of 42 U.S.C.A. §§ 1981, 1983 and 1985 (R. I, 9). The complaint averred that defendants employed hiring and promotion procedures including tests and other job criteria which are not substantially related to job performance and have the effect of excluding a disproportionate number of Chícanos from employment and promotions in the Department, thus violating rights secured by the equal protection clause; by 42 U.S.C.A. §§ 1981, 1983 and 1985, and other statutes. Jurisdiction was claimed under 28 U.S.C.A. § 1343(3) and (4), and declaratory and injunctive relief were sought.

. After presentation of the plaintiffs’ evidence, and that of two defense witnesses heard out of turn, defendants moved to dismiss under Rule 41(b), F.R. Civ.P., on the ground that plaintiffs had shown no right to relief. The trial court made written findings and conclusions adverse to the plaintiffs and dismissed.

On appeal plaintiffs argue principally that the trial court erred in that:

1. The court erred in holding that plaintiffs lack standing to challenge the hiring or entry level procedures of defendants; and
2. It was error to find and conclude that plaintiffs had made no prima facie case of the unlawfulness of the promotion procedures used by defendants.

We turn to the findings and conclusions of the trial court which are of critical importance.

I

The Trial Court’s Findings and Conclusions

The trial court made these findings: The Chicano Police Officer’s Organization is an unincorporated association composed chiefly of Spanish-speaking or Spanish surnamed police officers in the Albuquerque Police Department. Its membership is not limited to Spanish-speaking or Spanish surnamed officers and not all such officers are members of the Association. The Association seeks to achieve equal opportunity for Spanish-speaking or surnamed Americans in recruitment and promotions within the Department, and to discourage discrimination.2

[434]*434The court found that no member of the Association and no plaintiff has been denied employment with the Department.

The court found further that police officers must be high school graduates or have obtained a general equivalency degree. The Department’s General Order 71-23, issued December 17, 1971, requires that all officers to be promoted after January 1, 1972, must have completed at least six semester hours of college accredited study. Those to be promoted during 1974 were required to have completed twelve semester hours, and an additional six hours credit per year is required until a bachelor’s degree is attained.

Promotional examinations were held on June 2, 1973. Four individual plaintiffs were ineligible to take the examination because they lacked the six hours of college credit. The court found, however, that there was ample notice and opportunity for completion of the six hour requirement prior to its application precluding officers from taking the examination. There had been an incentive pay of $1 per month for each hour of college credit, and from April, 1973, to June, 1973, 208 officers of the Department received incentive pay. Fifty-three of approximately seventy Spanish-speaking or surnamed officers received incentive pay under the program. 155 of approximately 305 Anglo officers received incentive pay. It was found that this demonstrates that 75% of the Spanish-speaking/surnamed officers attended college during the period and that the educational requirement did not erect a barrier for a minority group and that the requirement did not have a discriminatory effect on Chícanos as a group.

The results of the June 2, 1973, examination were summarized by the court as follows:

A. Sergeant’s Examination:
1) Total Examinees 90
Passing Examinees 17
Percentage Passing 19%
2) Spanish-surnamed
Examinees 26
Passing Examinees 3
Percentage Passing 11.5%
B. Lieutenant’s Examination:
1) Total Examinees 44
Passing Examinees 7
Percentage Passing 16%
2) Spanish-surnamed
Examinees 7
Passing Examinees 1
Percentage Passing 14%
3) Non-minority
Examinees 36
Passing Examinees 5
Percentage Passing 14%

No Spanish-surnamed Americans took the June 2, 1973, examination for captain. The examinations were achievement tests and their subject matter was taken from tests on police administration, management, psychology, leadership and planning. Members of the Chícanos Police Officer’s Association formed a study group. Some were assigned responsibility for outlining portions of the assigned texts. Several officers read some but not all of the texts and relied on outlines for the material they did not read. The June 2, 1973, examination had not been used before and is not to be used in the future.

[435]*435The court concluded that no plaintiff has standing to contest the hiring policies of the Department. The injury alleged by the Association and one individual plaintiff is that development of the power to negotiate for the betterment of the position of Chícanos is stifled by policies perpetuating under-representation of the Spanish minority on the police force. It was concluded, however, that the relief sought would not directly benefit the Association, and that the Association and its members have only an indirect stake in the outcome and are not entitled to assert the rights of those directly affected and not present in the suit.

The court concluded that the plaintiffs have failed to establish prima facie that the college educational requirement adversely affects minority groups. It concluded that the plaintiffs failed to show that the promotional examinations caused a statistically significant discrimi-. natory impact on Spanish-speaking/surnamed officers. The overall pass ratio for each examination was small. 19 percent passed the sergeant’s examination; 16 percent passed the lieutenant’s examination.

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Bluebook (online)
526 F.2d 431, 11 Fair Empl. Prac. Cas. (BNA) 1056, 1975 U.S. App. LEXIS 11844, 10 Empl. Prac. Dec. (CCH) 10,540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chicano-police-officers-assn-v-stover-ca10-1975.