Police Association of New Orleans et al v. New Orleans City et al

Filing 20

ORDER AND REASONS: IT IS ORDERED that the 15 motion to remand filed by Plaintiffs Police Association of New Orleans, Michael Glasser, Andrew Weiderman, Paul Johnson, and Beth Reniff is DENIED. Signed by Judge Susie Morgan on 11/19/2021. (Attachments: # 1 Attachment A, # 2 Attachment B) (pp)

NOPD CONSENT DECREE MONITOR
NEW ORLEANS, LOUISIANA

p

May 4, 2021
File Number: 37PA-191555

Deputy Superintendent Otha Sandifer
Compliance Bureau, New Orleans Police Department
714 Broad Street
New Orleans. LA 70119
Dear Deputy Superintendent Sandifer:
This letter constitutes confirmation that the Office of Consent Decree Monitor (“OCDM “)
has reviewed and provided comments on Chapter 34.2 – Promotions and Promotion
Committee. The OCDM has no objection to the policy as written.
We believe that Chapter 34.2 – Promotions and Promotion Committee, incorporates all
requirements of the Consent Decree and sets forth clear and appropriate rules to guide
officer conduct. We will continue to assess the adequacy of this policy following its
implementation. If we identify any concerns following implementation, we will present
those concerns to you and the Department of Justice. Additionally, we note that, pursuant
to the Consent Decree, NOPD has agreed to review and revise policies and procedures as
necessary upon notice of a significant policy deficiency. We also note NOPD’s obligation to
review this policy after a year of implementation to ensure it “provides effective direction to
NOPD personnel and remains consistent with the Agreement, best practices, and current
law.” Consent Decree at ¶ 8.
We appreciate your team’s effort, cooperation, and responsiveness throughout this process.
Very truly
Very truly yours,

David L. Douglass
For SHEPPARD MULLIN RICHTER & HAMPTON LLP*
2099 PENNSYLVANIA AVE., N.W., SUITE 100
WASHINGTON, DC 20006
CC: HONORABLE SUSIE MORGAN (VIA ELECTRONIC MAIL)
JUDE VOLEK, DEPARTMENT OF JUSTICE (VIA ELECTRONIC MAIL)
SUNNI LEBEOUF, CITY ATTORNEY (VIA ELECTRONIC MAIL)
SMRH:4816-6540-9429.7

Office of the Consent Decree Monitor
* Appointed By Order Of The U.S. District Court For The Eastern District of Louisiana

CHAPTER: 34.2

Page 1 of 7

NEW ORLEANS POLICE DEPARTMENT
OPERATIONS MANUAL
CHAPTER: 34.2

TITLE: PROMOTIONS AND PROMOTION COMMITTEE
EFFECTIVE:
REVISED:
PURPOSE
This Chapter establishes the minimum guidelines for promotion within the Civil Service
classifications of Senior Police Officer through Police Captain and the responsibilities of the
Promotion Committee as they relate to the promotion of commissioned employees within these
Civil Service Classifications.
POLICY STATEMENT
1.

The New Orleans Police Department recognizes that the promotional process within the
organization should be one of fairness and one that truly identifies those well-rounded and
qualified persons for leadership positions. Actual or perceived race, color, ethnicity,
national origin, religion, gender, gender identity, sexual orientation, economic status,
age, cultural group, disability, housing status, or affiliation with any other similar
identifiable group shall not be a motivating factor to any degree in any promotion
decision, including the selection or rejection of particular candidates.

2.

The Department has established progressive educational and training standards for
advancement. The utilization of these standards will increase the level of professionalism,
both individually and collectively. The establishment of minimum qualifications for each
promotional position was made with careful consideration to ensure that the required
educational level matches, as closely as possible, the responsibilities incumbent to the
position. By establishing these standards, the Department recognizes and supports the
concept and value of lifelong learning.

3.

The Department adheres to the practice of giving all qualified officers the opportunity to
seek upward mobility within the organization. In assessing the aptitude and suitability of
candidates for promotional consideration, a variety of methods may be utilized. These
methods may vary from rank to rank and may include, but are not limited to, some or all of
the following testing/assessment techniques:
(a) Objective Written Tests,
(b) Assessment Center Exercises, and
(c) Candidate Assessment by the Promotion Committee.

CHAPTER: 34.2

Page 2 of 7

4.

This Chapter only applies to the Civil Service commissioned classifications of Senior Police
Officer through Police Captain. Police Recruit and Police Officer classifications are exempt
from these provisions.

5.

For the New Orleans Police Department, the cycle of eligible promotional lists for the
classifications of Police Sergeant, Police Lieutenant and Police Captain shall allow the
opportunity for commissioned members of NOPD, who meet the requirements of the
classified position and successfully pass the testing process, to be placed on the
promotional list every two years from the closing of the previous list for the same
classification.

6.

If, for any unplanned and unanticipated reason(s), beyond the control of the City of New
Orleans or the NOPD, the test development process conducted by City Civil Service is
hampered and a new promotional test or process cannot be completed and in place in time
to meet the two (2) year requirement of the Consent Decree and this Circular
Memorandum, the Personnel Director shall state the specific reasons and provide an
adjusted time-line for the promotional list. This information shall be immediately conveyed
to the Office of the Consent Decree Monitor, the Chief Administrative Officer, and the
Superintendent of Police, in writing.

7.

The Personnel Director, in agreement with the Superintendent of Police, may extend the
promotional list to a maximum of three (3) years if the requirements of #6 above are met
and the Civil Service Commission approve. In no cases shall the list be extended or remain
in effect for more than three (3) years from the date of original establishment.

DEFINITIONS
For purposes of this Chapter, the following terms are defined as:
Candidate—An employee of the New Orleans Police Department who has successfully
completed the Civil Service requirements for promotion to a commissioned classification higher
than the one he/she currently fills in a permanent classification and is under review by the
Promotion Committee.
Test Register - a list of employees who already have met the minimum Civil Service
requirements for testing for the promotion to the classification. This may, or may not, be the final
promotion roster depending on the defined testing process for the classification.
Civil Service Register—A promotional register of a list of employees who already have
permanent status in a lower class of positions in the same department who have met the Civil
Service requirements for promotion to the classification on the promotional register as well as
any Promotion Committee evaluation process.
Deferral—The action of postponing a recommendation on a candidate for promotion by the
Promotion Committee. A deferral of a candidate for promotional consideration must be based on
an articulable reason.
Egregious or serious act of misconduct – Any act which has an offense range where the
penalty is a Level E or greater as articulated in Chapter 26.2.1 – Disciplinary Matrix.
Pending disciplinary action—Refers to a misconduct investigation that has not been
concluded because the investigation is ongoing, the disciplinary penalty has not been assessed
and/or the penalty has not been served and completed.
Open investigation—A misconduct investigation that has not been concluded with a formal

CHAPTER: 34.2

Page 3 of 7

disposition (see Chapter 52.1.1 – Complaint Investigation).
Permanent Status—An employee of the Department in a classified civil service job who is in
active status for at least one year prior to the end of the annual review period and has
completed the performance evaluation process becomes eligible for, and may be granted,
permanent status in that job classification, provided that the appointing authority
(Superintendent of Police) has determined his/her performance merits it.
Promotion—A change of an employee in the classified service from a position in one class to a
position in another class for which a higher pay grade is provided in the pay plan.
Subject matter expert—A member of the New Orleans Police Department deemed to be an
authority in a particular area or topic. Necessary skillsets may include, but are not limited to,
education; experience; proficiency; and/or professional certifications that demonstrate the
member is above average for assessing a like or similar position. The subject matter expert
assists Civil Service in the background, research, preparation, evaluation, assessment or
presentation of all or part of a structured promotional examination.
Sustained—The disposition of a misconduct investigation or disciplinary hearing that determines,
by a preponderance of the evidence that alleged misconduct occurred. For purposes of this
Chapter, a finding that a violation is sustained requires a letter confirming the disposition from
the Superintendent of Police as the final, appointing authority.
SENIOR POLICE OFFICER PROMOTIONS
8.

Through the Department of Civil Service, the classification of Senior Police Officer has
been established within the New Orleans Police Department.

9.

There shall be no supervisory authority for the Senior Police Officer class. Authority of a
Field Training Officer over a trainee shall be set forth by guidelines established within the
framework of the Field Training Program (see Chapter 33.4.3 – Field Training Program).

10.

Promotions to Senior Police Officer class shall be made by the Superintendent of Police
from a listing of eligible candidates published by the Department of Civil Service. Eligibility
for promotion shall not be based on the assignment of the officer seeking promotion.

(a) Qualifications for promotion shall be based on each candidate successfully
completing a training program specific to the Civil Service Class of Senior Police
Officer. The training program shall be developed by the Education & Training
Division. The tenure requirements must be met prior to attending a police officer
promotional class. The candidate must have attained Permanent status as a Police
Officer and four years of combined experience as a Police Recruit and Police
Officer.
PROMOTIONAL EXAMINATIONS (POLICE CORPORAL THROUGH AND INCLUDING
POLICE CAPTAIN)
11.

The Department of Civil Service shall prepare and administer any required promotional
examinations covering the positions of Police Corporal through Police Captain. The
Department of Civil Service will announce requirements, sign-up periods, study materials,
testing date(s), etc.

CHAPTER: 34.2

Page 4 of 7

12.

Employees of the Department of Civil Service are responsible for preparing promotional
examinations for the above-listed commissioned positions. The Department of Civil Service
may request permission from the Superintendent of Police to contact various ranking
officers of the Police Department to obtain subject matter for inclusion in promotional
testing. Ranking officers may be contacted and requested to act as subject matter experts
(SME) to formulate questions for the test or explain the correct answers for questions
included by Department of Civil Service employees.

13.

The subject matter experts may be suggested by the Superintendent of Police and the
Deputy Chiefs based on their current or past job duties, specialized training or skills and
educational background. The Department of Civil Service is responsible for vetting the
backgrounds, skills and knowledge base of the candidate SMEs.

14.

NOPD members selected or requested to act as subject matter experts shall cooperate
with the Civil Service Department, supplying all relevant information requested.

15.

Members assigned to assist the Department of Civil Service in the preparation of, or
reviewing of promotional examination material, shall not be eligible to participate in any
aspect of a promotional test as a candidate for a promotion or discuss the test development
with any member who does participate in the test development. (i.e. a Deputy Chief whose
permanent classified rank is Police Lieutenant taking a promotional test for Police Captain
or above cannot participate in any way in the development, review or discussion of the test
nor speak to others, including subordinates who assisted or have knowledge of the test
development process.)

16.

Designated members assigned to assist the Department of Civil Service in the preparation
of, or reviewing of promotional examination material, shall not impart any testing material,
background material or knowledge of testing material to any other member of the Police
Department, especially those employees who may be eligible for the promotional
examination. The members shall not discuss the nature of the material, questions,
examples or any information related to, discussed by or submitted to the members of the
Department of Civil Service engaged in any aspect of the test preparation or validation with
anyone not already involved in the test preparation or validation until the promotional
process has been completed. This confidentiality must be maintained, or the testing
process could be compromised and invalidated. Any breach of confidentiality may be
handled as a disciplinary violation.

17.

Members who have assisted the Department of Civil Service in the preparation of, or
reviewing of promotional examination material, shall not be allowed to assist possible
applicants in preparing for the examination. This includes, but is not limited to, the
following:
(a) Holding classes or acting as instructors/tutors for possible candidates;
(b) Supplying study material;
(c) Formulating scenarios, or providing responses to scenarios submitted to them by
possible candidates;
(d) Providing answers to questions posed by possible candidates, whether or not the
question provided is part of the examination; and
(e) Suggesting to possible candidates that particular material be studied prior to the
examination.

18.

Members who have assisted the Department of Civil Service in the preparation, or
reviewing, of promotional examination material, who are required to provide written
correspondence covering testing material, shall not keep copies of the correspondence,
any testing material, background material or knowledge of testing material either

CHAPTER: 34.2

Page 5 of 7

electronically or printed, anywhere it may be accessible to other members of the Police
Department. Security of any material or correspondence between the Department of Civil
Service and the member assisting shall include maintaining the items under the member’s
exclusive control at all times. Any breach of security over materials attributable to the
assisting member, even if unintentional or accidental shall be construed as a breach of
confidentiality and subject to the disciplinary process.
PROMOTION COMMITTEE FOR POLICE SERGEANT AND ABOVE
19.

The Promotion Committee will be composed of no fewer than three Deputy
Superintendents. The Deputy Superintendent of Management Services shall be
responsible for scheduling Promotion Committee meetings, collecting employee
recommendation forms, recording the “minutes” of the Promotion Committee, and notifying
the Superintendent of the recommendations made by the Committee. The Chairperson
shall be named by the Superintendent of Police.

20.

The promotion review process will begin with Civil Service providing the test register of
candidates that pass all portions of the promotional exam to NOPD’s Human Resources
Department.

21.

The Director of Human Resources in the Management Services Bureau will forward the
names of eligible candidates to all members of the Promotion Committee. Based upon a
pre-determined cut-off score, the highest performing candidates on the Civil Service
examination will then be invited to submit a promotional packet, similar to the Knowledge,
Skills and Abilities packets required for transfers to specialized assignments and/or units
These promotional candidates will then be invited to an in-person interview with the
promotional committee. A review of each listed candidate's resume’ and cover letter, latest
performance evaluations and Employee Summary Report in INSIGHT will be conducted by
the Promotion Committee. The results of the review will include all training, complaints,
discipline, awards/commendations, secondary employment, an examination of sustained
violations of misconduct and any open investigations of complaints of misconduct and all
uses of force. A summary report on each candidate’s review shall be documented by the
Promotion Committee.

22.

Once the Committee has reviewed all eligible candidates KSA-style packet and interviews
are conducted, they will, as a group, assess each candidate’s background and
qualifications to determine the order of the promotional list, based upon the best qualified
candidates. The recommendations of the Committee will be forwarded, in writing, to the
Superintendent of Police for consideration.

23.

Any candidates for promotion that have been deemed “ineligible” by the Committee, as a
group, will be documented, in writing, indicating the reason for ineligibility and signed by the
Chairman for the Committee.

24.

Any candidates for promotion that have been recommended for “deferral” by the
Committee, as a group, will be documented, in writing, indicating the reason for deferral
and signed by the Chairman for the Committee.

25.

The Committee shall meet as often as workload requirements necessitate through
determination made by the Deputy Superintendent of Management Services or as directed
by the Superintendent of Police.

26.

The Superintendent of Police is the Appointing Authority and has the discretion to overrule
any recommendations made by the Promotions Committee. No promotions are effective
until approved, in writing, by the Superintendent of Police.

CHAPTER: 34.2

Page 6 of 7

PROMOTION COMMITTEE FOR POLICE CORPORAL
27.

The process for convening a Promotion Committee and scoring for the rank of Police
Corporal will be the same as Sergeants through Captains, however, the committee will be
composed of one member of the rank of Captain or above from each Bureau and three
from the Field Operations Bureau, selected by the respective Bureau Chief. The Committee
member assigned to Management Services shall be responsible for scheduling Promotion
Committee meetings, collecting employee recommendation forms, recording the “minutes”
of the Promotion Committee, and notifying the Superintendent of the recommendations
made by the Committee. The Chairperson shall be named by the Superintendent of Police.
The minimum number of members to constitute a quorum shall be five named members.

28.

The Committee shall meet as often as workload requirements necessitate through
determination made by the police Commander assigned to Management Services or as
directed by the Superintendent of Police.

29.

The Superintendent of Police is the Appointing Authority and has the discretion to overrule
any recommendations made by the Promotions Committee. No promotions are effective
until approved, in writing, by the Superintendent of Police.

FACTORS TO CONSIDER FOR PROMOTION
30.

The Promotion Committee will consider the following factors when assessing a candidate's
promotional eligibility:
(a) Effective use of community-policing strategies;
(b) Number of sustained and non-sustained complaints;
(c) Number and circumstances of uses of force, including any found to be out of
policy and use of force complaints.
(d) Disciplinary history.
(e) Problem-solving skills;
(f) Interpersonal skills;
(g) Education;
(h) Specialized training;
(i) Support for departmental integrity measures.
(j) Attendance record for the past two years, including leave balances; and
(k) Annual performance evaluations for the previous two years.

31.

Additional factors may be considered but must be published in writing, to all candidates at
least 30 days prior to the commencement of the promotional review process by the
Promotion Committee.

DEFERAL CONSIDERATIONS / INELIGIBILITY
32.

Sustained complaints of misconduct that have resulted in an assessed penalty greater than
a Letter of Reprimand or failure to meet or comply with departmental attendance policy,
may be grounds for a deferral.

33.

Candidates with sustained complaints of discrimination, retaliation, excessive use of force
or an egregious act of misconduct shall be deemed ineligible for promotion for no less than
a period of three years following the completion date of the assessed penalty.

CHAPTER: 34.2

Page 7 of 7

34.

Candidates with an open investigation or pending disciplinary action in a matter alleging
egregious or serious acts of misconduct where the presumptive penalty is dismissal shall
be ineligible for promotion.

35.

Military leave will not be considered a lapse in eligibility for promotions.