Department of Justice investigating hiring practices of BGPD
Published 3:30 pm Friday, July 10, 2015
The U.S. Department of Justice opened an investigation into hiring practices at the Bowling Green Police Department.
“The Department has information indicating the percentage of African-Americans in the Bowling Green Police Department is significantly lower than would be expected given the relevant demographics,” according to a DOJ letter sent to Mayor Bruce Wilkerson dated June 2. “Accordingly, the Department has authorized an investigation to determine whether the City of Bowling Green is engaged in a pattern or practice of discrimination against African-Americans with respect to employment opportunities in its Police Department, in violation of Title VII.”
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A DOJ spokesman declined twice via email to comment on this investigation.
Out of 113 current sworn police personnel at BGPD, six are African-American. That means that 5.3 percent of the city’s police officers are black. Comparatively, the 2010 U.S. Census showed that Bowling Green’s complexion is made up of 75.8 percent white residents and 13.9 percent black. The remainder are a combination of Hispanic, mixed race, Asian, American-Indian and Pacific Islander.
The DOJ investigation stems from a statistical analysis taken by the DOJ and not a complaint, Wilkerson said.
“We clearly thought we had a colorblind hiring process at the police department,” said Wilkerson, who was surprised by the DOJ letter.
The department has used a pre-employment exam from McCann Associates since at least the 1970s, said Wilkerson, a former city officer. It is during this testing where it appears that more minorities are disqualified from advancing in the hiring process, he said.
“So we’re going to look there first,” Wilkerson said.
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“McCann tells us that it’s a colorblind entry-level examination for police applicants,” he said. “Does this test measure potential success as a police officer? This letter has caused us to think that just because we’ve done it this way for all these years, does that mean we continue to do it?”
Title VII of the Civil Rights Act of 1964 prohibits an employer from using a “neutral employment practice that results in disparate impact on the basis of race, color, religion, sex or national origin, unless such practice is ‘job related for the position in question and consistent with business necessity’ and there exists no alternative employment practice that would result in a less disparate impact and equally serve the employer’s legitimate interests,” according to the DOJ letter.
The Daily News was unable to reach a representative of McCann Associates for comment.
“I don’t have the resources to mount a defense on McCann Associates’ behalf,” Wilkerson said.
Instead, the city is going to take a look at its hiring practices across the board in every department and make any necessary changes.
“We want to be partners with the DOJ in identifying what the city of Bowling Green can do better in its hiring practices to even avoid the appearance of a disparate impact,” Wilkerson said. “We’re not taking this as a problem within the police department. We’re taking this as an examination citywide of our hiring processes. We’re not stopping with the police department.
“We will take a much more aggressive minority recruitment approach,” he said. “The city manager is taking it on as a priority to develop our hiring process to be a reflection of the demographics of our community.
“I think we’re probably going to bring on an affirmative action employee for the city that will actively recruit minorities in areas where we can help them develop an interest. We can do better. We will do better,” he said. As for other changes to the hiring process, Wilkerson isn’t sure what those will be.
Police Chief Doug Hawkins, through department spokesman Officer Ronnie Ward, referred all questions about this investigation to Wilkerson.
A DOJ investigator will visit Bowling Green next month.
“We were disappointed at what we thought was a colorblind process may be interpreted by some as having the disparate impact that they’re looking at,” Wilkerson said. “But I can tell you that the city is absolutely committed to making sure that every candidate will be given an equal opportunity to succeed as a city employee.”
— Follow Assistant City Editor Deborah Highland on Twitter at twitter.com/BGDNCrimebeat or visit bgdailynews.com.