Youngstown police win TRO against mayorPublished: 1/11/14 @ 12:03
A magistrate has issued a temporary restraining order barring the city from allowing a police promotion-eligibility list to expire today or from promoting anyone to detective sergeant from any source other than that list.
Magistrate Timothy G. Welsh of Mahoning County Common Pleas Court issued the order Friday, making it effective until Jan. 24 and setting a 2 p.m. Jan. 23 hearing on whether he should issue a preliminary injunction in the case.
Welsh issued the TRO in response to a lawsuit filed by two city police officers against Mayor John A. McNally, police Chief Robin Lees and the city civil-service commission. The lawsuit demands that the two officers be promoted to detective sergeant.
In their lawsuit, Officers Edward Kenney and Chad Zubal said they are first and second, respectively, on the civil-service list derived from a 2011 promotional exam and that they are entitled to be promoted to vacancies in the detective sergeant rank.
Had the officers not been granted the TRO they requested, that list would have expired today.
In a memorandum against issuance of a TRO, the new city law director, Martin S. Hume, argued that no vacancies exist because all 30 detective-sergeant positions authorized by city ordinance are filled.
“Unless defendants are enjoined from filling promotional vacancies from a source other than the list generated as a result of promotional examination number 1879, the relators [officers] will be irreparably harmed and lose their position and standing for promotions,” according to the TRO Welsh granted.
The lawsuit, filed on behalf of the officers by Atty. John B. Juhasz, embroils the city in new litigation just 10 days into its new administration. McNally took office Jan. 1, and Lees was sworn in Jan. 3.