The Associated Press
TULSA, Okla. (AP) - A federal appeals court has upheld a settlement in some black police officers’ 10-year-old lawsuit against the city, despite objections by the police officers union.
The 10th U.S. Circuit Court of Appeals rejected the Fraternal Order of Police’s appeal this week, ruling the agreement does not conflict with the union’s collective bargaining agreement or Oklahoma labor law.
Union attorney Jim Phillips said the group was disappointed by the ruling from a three-judge panel, but hasn’t decided whether to appeal to the full court, the Supreme Court or drop the legal fight.
“We’re going to review the decision in significant detail, discuss our options and then make a decision,” Phillips said Wednesday.
The Black Officers Coalition filed the racial discrimination lawsuit in 1994, alleging they faced a segregated work environment, were discriminated against in hiring and promotions, got no help when calling for backup and faced retaliation when they complained of discrimination.
U.S. District Judge Sven Erik Holmes approved the settlement in May 2003 over the objections of the police union, which had intervened in the case.
The agreement states that the department’s hiring and promotions are to be based on merit, and that the police force must adhere to its policy against racial profiling. Also, the city is required to collect on officers and their policing activities so an independent auditor can monitor compliance.
The city admitted no wrongdoing.
The police union had claimed the settlement violated its collective bargaining agreement with the city, violated state labor law and improperly intruded upon state and local law enforcement.
The appeals court in Denver disagreed.
Tulsa attorney Joel Wohlgemuth, who represented the city, said Wednesday that the appellate court decision ends another chapter in the case.
Louis Bullock, who represented the black officers, said he hopes the union will work “towards getting all the people in the police department working together for the betterment of the department.”
The decision clears the way for a trial date to be set on six black officers’ individual claims of discrimination. The trial was to begin Dec. 6, but was delayed pending the police union’s appeal.