Hammon v. Kelly

845 F. Supp. 6, 1993 U.S. Dist. LEXIS 17880, 1993 WL 524687
District Court, District of Columbia·Decided December 14, 1993·No. Civ. A. Nos. 84-0903 (CRR), 85-0782 (CRR)·Published·Cited by 5 cases

Opinion

MEMORANDUM OPINION OF CHARLES R. RICHEY UNITED STATES DISTRICT JUDGE

CHARLES R. RICHEY, District Judge.

On September 1, 1998, the Defendants in the above-captioned case filed a Motion for Reconsideration of the Court’s August 20, 1993 Order. In an effort to address this motion, the Court held a hearing on September 23, 1993. At that time, the parties were in agreement that the matter should be referred to Professor Stephen A. Saltzburg who has been serving as the Special Master in this case.

Having reviewed the Special Master’s October 20, 1993 Report and Recommendations Regarding Demotions, the Byrne Plaintiffs’ Statement of Position Respecting Special Master’s October 20, 1993 Report and Recommendations, the Defendants’ Statement of Position Respecting the Special Master’s October 20,1993 Report and Recommendations, the Byrne Plaintiffs’ Response to Defendants’ Statement of Position Respecting the Special Master’s October 20, 1993 Report and Recommendation, the Special Master’s Addendum to October 20, 1993 Report and Recommendations Regarding Demotions, the Defendants’ Supplemental Statement of Position Respecting the Special Master’s October 20, 1993 Report and Recommendation, and the entire record herein, the Court has decided to grant the Defendant’s Motion for Reconsideration of its August 20, 1993 Order and to modify its previous Order in accordance with the Recommendation and Report of the Special Master.

I. BACKGROUND

As all of the parties familiar with this case are aware, the protracted history of this complex litigation has been marked by a series of fractious battles on all sides. The details of this struggle have been recounted many times \ but for purposes of clarity, the Court will briefly review the primary incidents leading up to the filing of the Defendants’ September 1, 1993 Motion For Reconsideration of the Court’s August 20, 1993 Order.

This lawsuit began as a class action with the filing of Hammon v. Barry, Civil Action No. 84-903 on March 22, 1984. The Plaintiff class consisted of a group of African-American firefighters seeking to enforce an order of the District of Columbia Office of Human Rights, which instructed the District of Columbia Fire Department, (“the Department”) to, inter alia, adopt an affirmative action plan. On March 8, 1985, a group of white firefighters and their union challenged implementation of this plan in Byrne v. Coleman, Civil Action No. 85-0872. The plan was also challenged by the United States in United States v. District of Columbia, Civil Action No. 85-797. The cases were then consolidated by the District Court in 1985.

Over the course of the five year period from 1985 through 1990, both the District Court and the Court of Appeals were heavily involved in the resolution of numerous aspects of this dispute. In 1985, the District court held that the promotional procedures in the affirmative action plan were unlawful, but that the hiring procedures were lawful. Hammon v. Barry, 606 F.Supp. 1082 (D.D.C. 1985). The Court of Appeals then reviewed the hiring portion of the affirmative action plan oh appeal, and reversed this Court’s decision after substantial consideration. Hammon v. Barry, 813 F.2d 412 (D.C.Cir. 1987), reh’g denied, 826 F.2d 73 (D.C.Cir. 1987), reh’g en banc granted, 833 F.2d 367 (D.C.Cir.1987) (per curiam), order granting rehearing en banc vacated, 841 F.2d 426 (D.C.Cir.1988) (per curiam), cert. denied, 486 U.S. 1036, 108 S.Ct. 2023, 100 L.Ed.2d 610 (1988). In 1988, upon remand by the Court of Appeals, the District Court again endeav[8] ored to resolve all of the remaining issues in this case.

Two years later, in 1990, the parties all agreed to refer the case to a Special Master for purposes of settlement. Eventually, as a result of concerted efforts by the Court and the Special- Master, Professor Stephen A. Saltzburg, working in conjunction with counsel, a settlement acceptable to all of the partiés was finally reached.

On August 20, 1990, a settlement agreement was entered which provided, inter alia, for a fund of $3.5 million to be distributed to members of the Hammon class. In addition, the settlement agreement also provided for the establishment of a method by which future promotions were to be made in the Department. The provisions with respect to these promotions are now at the heart of some of the disputes currently before the Court.

Specifically, the settlement agreement provided for two rounds of promotional examinations — designed in large part to compensate for the fact that no promotions had been made in the Department since the lawsuit began in 1984, a period of over six years. The first promotional examination was intended to fill vacancies that arose during the period from March 1, 1989 through June 1, 1991. The second exam was to fill vacancies arising during the period from June 2, 1991 through June 1, 1993.2 The agreement was then incorporated into a consent decree that was signed by counsel for the District and for the Byrne Plaintiffs and approved by the undersigned Judge after a fairness hearing held on November 6, 1990. See Hammon v. Barry, 752 F.Supp. 1087 (D.D.C.1990). As the Court noted in its Order of August 20, 1993, however, the settlement agreement and consent decree were unfortunately not successful in putting an end to all of the disputes in this case.3

Most recently, disagreement among the parties has focused on1 the proper interpretation of the settlement agreement provisions relating to the establishment of new promotional opportunities within the Department. The question that has arisen concerns how long the promotions made pursuant to the settlement agreement must remain in effect in order for the City to fulfill its obligations under the terms of the settlement.

More specifically, the instant controversy initially arose this past summer when the City first announced its intention to implement a set of demotions within the District’s Fire Department.4 Claiming that such demotions would violate the settlement agreement and consent decree, the Byrne Plaintiffs filed a Motion to Enforce the Settlement Decree on August 12, 1993. On August 20, 1993, this Court issued an Order granting the Byrne Plaintiffs Motion and enjoining the [9] District from demoting, without cause, those firefighters originally promoted pursuant to the terms of the settlement agreement and consent decree approved by the Court on November 6, 1990. The Court’s Order held that the City was to be so enjoined for a period of six years from the date the Consent Decree was approved by the Court, November 6, 1990.

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Hammon v. Kelly, 845 F. Supp. 6, 1993 U.S. Dist. LEXIS 17880, 1993 WL 524687 (D.D.C. 1993).

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