The Associated Press
DETROIT (AP) -- The state Court of Appeals has upheld the promotion of Detroit Police Officer Eugene Brown to sergeant.
The ruling overturns a lower court’s decision that set aside an arbitrator’s decision to promote Brown, who killed three people and wounded a fourth in nine shootings during six of his 10 years on the force.
“It’s very unfortunate,” City Councilwoman Sheila Cockrel told the Detroit Free Press for a recent story. “This is another example of what the binding arbitration produced in terms of usurping legitimate management authority of city government.”
Brown could not be reached for comment.
The decision to promote Brown had drawn fire by many because of his record, though he was cleared of any wrongdoing by the department and prosecutors. But in August, a Wayne County Circuit Court jury awarded $4 million to the family of one of the men Brown fatally shot in September 1996.
The city’s five-member Board of Police Commissioners had unanimously rejected an arbitrator’s December 2001 decision to promote Brown, who had been in line for promotion since November 2000.
The commission ignored the arbitrator’s ruling and the Detroit Police Officers Association sued the city on Brown’s behalf. A judge ruled that the commission had the right to reject the arbitrator’s decision.
The ruling released Friday by three-judge appeals panel, however, ruled the arbitrator’s decision must stand under the union’s contract with the city.
Donald Stolberg, an attorney for the officers association, said Brown, who is on desk duty, deserves the promotion.
“There was never any reason to deny Officer Brown’s promotion, and the Court of Appeals obviously agrees,” he said. “I’m sure Officer Brown will make an excellent sergeant.
Others were less pleased by the appellate court ruling.
“The police department and commission should make sure that Eugene Brown is never put in any position to ever injure any citizen again in the city of Detroit,” said Ron Scott, spokesman for the local Coalition Against Police Brutality.