Failure to pass tests the problem, chief says

BURBANK — Glendale Police Chief Randy Adams testified on Wednesday that he would have considered promoting Officer Patricia Larrigan, who is suing the department for alleged discrimination, had she passed necessary exams.

Larrigan, a 22-year veteran of the force who suffered knee, back and hip injuries in a job-related incident, alleges that the department denied her a promotion to sergeant because of her disabilities.

Since her injury, Larrigan has been among 1% of the force that is considered a permanent, limited-duty officer incapable of field duty.

But Senior Assistant City Attorney Anne Maurer, who is representing the city in the case, argued that while it has long been department policy to require sergeants to be field-ready, the department never denied Larrigan the chance to apply for the elevated rank.

The promotion process entails a written test and two oral board exams, one of which is conducted by an internal panel, with the other done by an external panel. Larrigan passed the written exam in 2003 and 2005, but was denied first by the external panel, then by the internal panel.

Once past the panels, the candidates’ final test is an interview with the police chief, but only the top three candidates advance that far. Had Larrigan been among the top three candidates in 2003 or 2005, Adams said he would have “absolutely” considered her for the position.

“Certainly, I would consider the fact that an objective promotional process had selected her and put her on that list, so I would feel that she would need to be afforded certainly serious consideration for promotion, and although the reality is that in my knowledge no one on our department has ever been promoted to sergeant that wasn’t field capable, I would certainly want to assess the law at the time as well as the positions of the department at the time to see if there was some accommodation that would be appropriate in this particular time,” Adams said.

But Larrigan’s attorney, Frank Jelinch, argued that internal panel members were predisposed not to promote Larrigan based on advice they received from Adams — a claim the chief denied.

Adams also said the panel would have had no way of knowing about Larrigan’s injuries, but Jelinch countered that members of the internal panel would have been well aware of his client’s disabilities since her lawsuit had already been filed.

After being injured in 1994, Larrigan served for 10 years as the department’s court liaison officer, a post that comes with the temporary elevated title of agent. She later moved to work the front-desk, greeting and directing public visitors to the station.

Attorneys will offer closing arguments when the trial resumes at 10 a.m. today in department B of Burbank Superior Court.

 RYAN VAILLANCOURT covers business, politics and the foothills. He may be reached at (818) 637-3215 or by e-mail at ryan.vaillancourt@latimes.com.