Rehoboth seeks to dismiss cops' suit

Attorneys for Rehoboth Beach are asking a federal judge to dismiss a suit brought by three city police officers.

In court documents, city attorneys say the officers were not discriminated against and should not be awarded punitive damages.

The suit, filed by officers Benjamin Mitchell, Scott O’Bier and Victor Letonoff, all veterans of the department, says the officers were unfairly passed over for promotion to lieutenant in favor of an officer with a lower rank and less experience. The suit calls this a violation of the officers' due process and equal protection rights; the three officers filed suit against Chief Keith Banks and Mayor Sam Cooper. Their attorney, John LaRosa, said because the three officers were not promoted, they lost pay and will see reduced pension and benefits.

City attorney David Williams said Cooper and Banks did not deal in bad faith by passing over the three officers, noting all three are still employed by the city. Williams argues there is no breach of good faith and fair dealing because the officers were not fired or dismissed. Withholding or denying a promotion is not grounds for a claim of bad-faith dealing, Williams said. Besides suffering no loss in pay by not being promoted to lieutenant, the officers make more than the lieutenants, Williams said.

Responding to equal protection claims, Williams said not promoting the officers was an individual employment decision.

Despite the city’s denials, LaRosa said the city has not challenged the officers’ due process claims. He also pointed out the city admitted in court filings that it failed to make the lieutenant positions available to other officers and that Banks selected the two candidates without advertising or posting vacancies.

“We’re confident we will prevail in the due process case,” LaRosa said.

Williams said Cooper and Banks had legitimate and nondiscriminatory reasons for their decisions, and the officers have failed to specify any wanton conduct on Cooper and Banks’ part.

After not filling the lieutenant position since 2003, the city commissioners agreed to a plan to select two officers – Sgt. Jamie Riddle and Det. William Sullivan – for the jobs, which officials said would streamline department operations. The positions were created in December 2013, when the city was transitioning from longtime City Manager Greg Ferrese to new City Manager Sharon Lynn.

At the time, Cooper pushed for the promotions to go through, arguing the department’s operations were one of the most vital in the city. Commissioner Bill Sargent was the only commissioner who wanted to wait until Lynn formally took over in January 2014 before moving ahead.

LaRosa argued the commissioners made the decision without consulting the city manager, since none was officially in office on Dec. 9 when Riddle and Sullivan were granted promotion. Williams said Ferrese was still acting city manager at the time until Lynn took over.