Latino Marshal Wins Round in Bias Case

A Los Angeles County hearing officer has ruled in favor of a deputy marshal who claimed that he was a victim of racial bias against Latinos by being denied a promotion last year to sergeant.

Ronald Rocha, a 20-year veteran of the marshal’s department, had filed the discrimination claim with the county Civil Service Commission after charging that he and other Latinos were unable to win promotions under Marshal Robert F. Mann.

In siding with Rocha, hearing officer Mark Burstein agreed that Rocha had been denied a promotion to sergeant for racial reasons and was entitled to back pay. In his findings, Burstein said it was clear that the department “demonstrated a history of failing to promote or appoint other Hispanics and that the mechanism used to make the selections for sergeant was fraught with subjectivity.”

In supporting Rocha’s claim regarding his promotion to sergeant, Burstein also dismissed four other complaints that Rocha had been denied promotions to other positions because he is a Latino.

However, Rees Lloyd, an attorney for the Chicano Employees Assn. which represented Rocha, called the hearing officer’s decision a major victory and expressed optimism that it will be upheld by the Civil Service Commission, which will now review the hearing officer’s report. A commission ruling in favor of Rocha could compel the county to compensate him with back pay, although the county can appeal the decision to the courts.

Mann, who took over as marshal in January, 1985, said he disagrees with the findings, which came after nine days of testimony. Mann defended his promotion policy, calling it “a fair process” and said the county counsel will dispute the hearing officer’s conclusions when it is submitted to the Civil Service Commission.

Rocha was promoted to sergeant last February, four months after he filed his grievance. But Mann denied that the promotion was linked in any way to his complaint.

There are 142 Latinos among the 593 deputy marshals, and out of 40 sergeants, three are Latinos.