Simi Valley Sergeant Files Bias Suit

Simi Valley’s highest-ranking African-American police officer has filed a federal anti-discrimination lawsuit against the city, alleging that he has been stuck for 16 years at the rank of sergeant because of his race.

Sgt. James W. Payne, 59, had the suit served on Simi Valley officials Tuesday, charging that the department repeatedly failed to promote him or transfer him to a more desirable sergeant’s position because he is black.

The lawsuit, filed in U.S. District Court in Los Angeles, also alleges that the department allowed racist pictures to be posted on the bulletin board. And while awaiting the verdict in the second Rodney G. King beating trial in April, the suit alleges, several officers said they would stop any car carrying African-Americans within Simi Valley city limits.

Simi Valley police officials confirmed that Payne is the highest-ranking and most senior of the department’s three African-American officers, but declined to comment on his allegations.

“We’re not talking about it,” Capt. Jerry Boyce said of the suit.

Payne also declined to comment on the suit, but his attorney called it “a classic glass-ceiling case.”

“Sgt. Payne is a distinguished police officer, he has a lot of experience and longevity with the Simi Valley Police force,” said attorney Lawrence Glasner of Woodland Hills. “He reached a point where, despite solid performance . . . he was flat-out denied, time after time.”

Simi Valley City Atty. John Torrance said of the suit, “We don’t think it has any merit, and we’ll be defending (against) it.”

Torrance added that the city of Simi Valley has policies against racial discrimination and for affirmative action.

Payne joined the Simi Valley Police Department in 1971 and was promoted to sergeant nearly six years later, according to police records.

He performed well and received regular raises and praise for his work from supervisors, peers and citizens, according to the suit.

Yet despite taking the lieutenants’ examination, Payne never ranked higher than third on the list of candidates--not high enough for promotion--and eventually he complained to Chief Lindsey Paul Miller, the lawsuit says.

In 1983, Miller told Payne he would not be promoted even if he were highest-ranked on the list of candidates to fill a lieutenant’s vacancy, the suit alleges. Miller, who was out of town Thursday on vacation, could not be reached for comment.

Payne also alleged that he was passed over for a lateral transfer to an administrative sergeant’s job, which went to a white candidate who his superiors said had “special talents.”

The suit demands damages from the city for allegedly violating anti-discrimination laws in the U.S. Civil Rights Act of 1964 and the California Constitution.