Mayor scraps search for fire chief

Los Angeles Mayor Antonio Villaraigosa scrapped his search for a new fire chief Monday, naming interim Fire Chief Douglas L. Barry to run a department buffeted by civil rights lawsuits and a budding federal employment discrimination investigation.

Villaraigosa, who will hold a news conference today to announce his selection of the 32-year department veteran, would not comment on the decision to abandon what had been billed as a nationwide recruitment effort.

But Villaraigosa signaled his dissatisfaction with the job applicants two weeks ago when he was asked about the search on KABC’s “Eyewitness Newsmakers.”

“I’m not sure that the pool of candidates -- funny that you ask this question, ‘cause just last week, I looked at the pool of candidates,” he said. “I’m not sure we’re where we want to be.”

Sources familiar with the search process said at least six candidates were considered for the post, including three internal applicants: Deputy Chief Emile W. Mack, Assistant Chief Roxanne Bercik and Battalion Chief Patrick Butler.

Villaraigosa’s announcement comes as the Fire Department is cooperating with an investigation by the federal Equal Employment Opportunity Commission into allegations of racial and gender bias. That probe was launched after the department was hit with a series of discrimination and retaliation lawsuits, which have resulted in more than $11 million in jury awards over the last year.

In the recruitment package for chief, applicants were advised that the Fire Department had “a strong need to improve both gender and racial diversity through the department’s ranks. These efforts have been inhibited by a very tenured staff, a large group of civil service personnel and organized labor requirements.”

The City Council received a report Aug. 9 warning that the growing number of legal settlements could pose a danger to the city’s budget. Meanwhile, the lawsuits have demoralized department employees, who say most firefighters treat their colleagues with respect.

Villaraigosa named Barry to the interim post in December, days after the mayor had infuriated African American leaders by vetoing a $2.7-million settlement offered to Tennie Pierce, a black firefighter who unknowingly ate dog food mixed into his spaghetti dinner by his colleagues.

Barry, who is black, replaced former Chief William Bamattre, who is white. At the time of the interim appointment, Villaraigosa vowed that Barry would reform a department riven by allegations of racism and sexism. Barry had planned to retire by the end of this year.

The City Council must still vote to confirm Barry, who earns $258,000 annually in his interim post.

The change in hiring plans drew praise from Steve Tufts, head of the city firefighter union, who applauded Barry for going to many of the city’s fire stations to talk directly with firefighters. Tufts said Barry has already begun making changes, such as working to streamline the employee grievance process.

“We want investigations done quick and resolved right away, instead of dragging stuff out for months and years,” said Tufts, president of United Firefighters of Los Angeles City.

But in recent interviews with The Times, some captains and battalion chiefs faulted Barry for failing to shake up his command staff, a move they said would send a forceful message that the department was committed to wholesale change.

“People are disappointed,” said one veteran battalion chief, who spoke on condition he not be named for fear of retaliation. “If you want to change this place, you need to start at the top.”

Barry’s office referred all calls to Villaraigosa’s spokesman, Matt Szabo, who said the mayor would not discuss the matter until today.

Barry will take over a department that has been the subject of several critical reports. The most recent, released last year by City Controller Laura Chick, found evidence of workplace harassment, fear of retaliation and poorly documented investigation procedures.

That audit has been used against the city by ex-firefighters suing the department. Chick also plans to spend four months conducting a follow-up audit to find out whether the department has improved its handling of personnel matters.

One of Barry’s key challenges will be to change department culture while trying to satisfy the firefighters union, chief officers association and employee organizations representing African American, female and Latino firefighters.

Some firefighters contend that Pierce and firefighter Brenda Lee, who received a $6.2-million jury award earlier this year, were victims of discrimination. But others, such as veteran Capt. Mark Khitikian, say the two cases have been used by critics to paint the entire department as dominated by racism and bias.

“It makes us all look guilty,” he said.

david.zahniser@latimes.com

robert.lopez@latimes.com