By Marley Seaman
In a suit filed Aug. 5 in federal court, Eastern District of New York, 16-year police veteran and Malverne resident John Donovan said he has been passed over for promotion to sergeant for almost a decade despite an exemplary record. He is a certified Drug Abuse Resistance Education (DARE) instructor, a certified school psychologist and an elementary school teacher.
In addition to Panzarella, the suit names Deputy Mayor James Callahan III, trustees Joseph Hennessy and Patricia Ann McDonald, and Malverne Police Commissioner William Malone. They are being sued in both their personal and professional capacities, which means they may need to obtain their own legal representation in addition to what the village provides through an insurance carrier. None commented on the lawsuit.
Donovan says he was passed over because of his membership in the Police Benevolent Association, a union for police officers, and because he supported a challenger in the 2005 trustee election.
"It seems like the board is in these politics of quid pro quo: You help them, they help you," Donovan said. "I think my job performance should be measured not by how I helped the board members, but how I helped the people."
The lawsuit states that Donovan's First and Fourteenth Amendment rights were violated, and that his "P.B.A. positions and union activities were of more consequence to the Board of Trustees than his service record, specialized training, and education." Donovan is suing for the money, seniority and benefits that would have come with the promotion, in addition to emotional damages.
Village Attorney James Frankie, who said he has seen the filing, called the suit "baseless." "The lawsuit has no merit whatsoever, and I hope that ... somewhere down the line, they do end up with sanctions and costs," Frankie said.
In October 1996, Donovan took the sergeant's examination, a civil service test, for the first time. He scored a 96.4, placing him third on the year's "eligibility list," and was interviewed by the mayor and trustees. At the interview, Donovan recalled, they suggested he quit his position as treasurer of the PBA if he wanted to be promoted. One of the officers who was promoted scored lower than he did on the examination.
Frankie, however, said that test scores are only one factor the board considers, and that it does not always promote the highest scorers. "They looked at the available candidates and they felt that the guys they picked were the best for the job," he said.
According to the lawsuit, Donovan was illegally asked to quit as treasurer because in the year before the interview, he testified on behalf of officer John Brasca. Brasca, then vice president of the PBA, successfully sued the village for negligence related to an injury he suffered while at work.
"They didn't look kindly on the fact that he decided to help the 'other side' in the lawsuit," said Sara Kane, a publicist for Leeds, Morelli and Brown, which is representing Donovan.
Donovan retook the exam in 1999, and this time ranked first on the eligibility list. When two sergeant positions became available in 2002, they went to two candidates with lower scores. He took the test for a third time in 2002. He placed second on the list, and moved up to first when another officer retired due to injury. But in May 2005, Warren Clements, another candidate who Donovan said had a lower score, became sergeant.
It addition to his ties to the PBA, Donovan said, he was denied the latest promotion because of his support for Andrew Chernoff, who ran against Hennessy, a longtime trustee and a former mayor of Malverne, for a position on the Board of Trustees in March 2005. Donovan and his brother Robert, who is also a Malverne police officer but is not involved in the suit, placed pro-Chernoff signs on their lawns.
"The residents aren't getting the police department they can," Donovan said, adding, "I think the whole department is really demoralized by this too." He said his fellow officers support the suit.
Panzarella and the trustees "have an obligation to uphold the law," says Matthew Groh, Donovan's attorney. "They also have an obligation to uphold the law and prevent discrimination and other unlawful conduct, and to a lesser degree they may have condoned the discrimination."
Although the law requires the police department to tell officers when they have been passed over for promotion, Donovan says he was never notified. Nor was he given a reason he was not chosen. On one occasion, he said, "A co-worker with half my experience was now my boss. You can imagine how demoralizing that is."
Comments about this story? MSeaman@liherald.com or (516) 569-4000 ext. 282.
