Latino Officer Wins His Bias Suit

A trial that has embroiled the Glendale Police Department in charges of racism ended Wednesday when a federal judge ruled that a Latino officer was discriminated against when he was passed over for a promotion.

U.S. District Judge Dickran Tevrizian Jr. ordered that the officer, Ricardo L. Jauregui, 38, be immediately promoted to the rank of sergeant and given an estimated $8,000 in back pay at that rank, retroactive to February, 1985, the month in which he would have been promoted.

Glendale city officials said Wednesday that they will appeal the decision and, pending the result of the appeal, probably will not promote Jauregui, a 13-year veteran of the force. The officials have steadfastly maintained that racism had nothing to do with the matter. They instead cited several negative personality traits attributed to the officer.

Tevrizian disagreed in a strongly worded opinion in which he found that the Police Department acted “arbitrarily, capriciously and discriminatorily” in denying the promotion to Jauregui and giving it, instead, to an Anglo officer.

The ruling said that the city “. . . discriminated against plaintiff because of plaintiff’s ethnic background. Clearly, as of February 16, 1985, the written personnel records and evidence disclose that plaintiff was the most qualified individual for the promotion.”

Tevrizian’s ruling came only two court days after the conclusion of the month-long, bitter trial during which Jauregui sought to show that racism against minorities is widespread in the department.

Of the 177 sworn officers on the force, there are four blacks, 15 Latinos and four women, according to city officials. There are no women or minorities at the rank of sergeant or above.

To back Jauregui’s claim of racism, his attorney, David Alkire, introduced as evidence a series of flyers and cartoons, distributed in the department by white police officers, which depicted blacks and Latinos in a derogatory light.

Among the flyers was one depicting a running black man with the caption: “Official Running Nigger Target.” A second flyer makes reference to “hunting season” and said it was “Open Season on South Western Wetbacks (Known Locally as Mexican, Greaser, Greaseball, Spic, Mex, Or Low Rider).”

During the trial, three black officers told of several racial incidents allegedly perpetrated by their white colleagues. For example, Ronald Jenkins, who became the city’s first black officer in 1979, said he attended a party at a white officer’s home in 1980 and found that his fellow officers had burned a cross to welcome him.

The testimony of those officers so embittered the Police Department that three weeks ago about 75 department employees, including Latinos, women and a black officer, staged a rally to repudiate charges that the city discriminates.

Tevrizian said he based his decision on evidence contained in the personnel records of Jauregui and Randall Tampa, the Anglo officer who won the sergeant’s post and the admitted artist of most of the 15 derogatory cartoons.

According to those records, Jauregui has a college degree, had a variety of duties within the department and was disciplined once for excessive force.

Tampa, a 10-year veteran, has no college degree, worked as a patrolman and in the personnel section and was disciplined four times for excessive force and off-duty misconduct. Both candidates were among the top three scorers on the 1984 exam for a sergeant’s promotion.

Glendale City Atty. Frank R. Manzano said he was “rather disappointed in the judge’s decision” and plans to recommend that the ruling be appealed.

Police Chief David Thompson said he will personally implore each City Council member to allow the appeal to be filed as soon as possible. The council must approve any legal action taken by the city.

Thompson and others testified at the trial that Jauregui is “rude, arrogant and abrasive,” and thus would not make a good supervisor.

The chief said Wednesday that to promote Jauregui to sergeant would generate hostility among the police officers “who honestly and courageously” testified on behalf of the city. But if he finds that the law says that he must promote the officer during the appeal process, he will do so.

Alkire said Wednesday that the city has no right to withhold the promotion from his client, even if the case is appealed.

Jauregui, through Alkire, said he was “delighted” with the decision, but declined further comment.

Meanwhile, city officials are continuing to contend with the aftermath of the trial. At Tevrizian’s order, an investigation is under way to determine the origin of the derogatory flyers, which city officials maintain they knew nothing about until recently.

In closing arguments Friday, Alkire said: “The chief and others who pretend ignorance of what was going on maintained their ignorance by keeping their heads in the sand.”

Assistant City Atty. Scott Howard, who defended the city, said during final arguments that the flyers were part of “sick locker room humor” to which police officers, because of the stress of their jobs, often resort. He compared Tampa’s drawing of the cartoons to the racial humor of black comedian Richard Pryor, who has used racially derogatory humor as a part of his act. Even so, the city did not condone such practices, Howard said.

In addition, Howard said, the Police Department had a Latino sergeant in the early 1960s and, until recently, the force included a female sergeant, which, he said, proves that the city does promote women and minorities.