Demoted NYPD Capt. To Get Trial in Suit Contesting Evaluations
By TOMMY HALLISSEY

A State Supreme Court judge has allowed a lawsuit contesting the demotion of an NYPD Captain to proceed to trial.

ROY T. RICHTER: Questions evaluation, demotion.

Joseph Davids, a 25-year veteran, has been a supervisor with the NYPD since 1992. He claims he was wrongfully demoted from the rank of Captain because of poor performance evaluations that were issued in violation of department guidelines.

Union Head Confident

Following the ruling by Manhattan Supreme Court Justice Joan A. Madden, Captains Endowment Association President Roy T. Richter said, "The CEA is determined to have Joseph Davids restored to his rank as Captain and we are confident that the court will find merit in our claim."

The NYPD evaluates its Captains using a management by objectives philosophy, which requires regular interaction with a direct supervisor, and has specific guidelines for Captains' evaluations. Mr. Davids contends the power of his commanding officer was usurped on two separate occasions. He was evaluated by a remote supervisor contrary to department procedure, the lawsuit states.

Mr. Davids, who said he received his four-month evaluation four months late, scored below competent in seven out of 10 categories. "Given time and supervision it is hoped that Captain Davids will grow into his new role, and display the drive and initiative necessary to succeed," his unsigned evaluation stated.

Five days later, his 10-month evaluation was prepared. He again scored below competent in the same categories. The Captain contended the evaluations were so close together that it was difficult to address any stated deficiencies. As a result, Captain Davids' probationary period was extended. His commanding officer never reviewed either evaluation, contrary to department policy.

Paul J. Browne, chief spokesman for the NYPD, declined to comment.

Agreed to Extend Probation

In December 2006, Captain Davids under pressure signed a six-month extension of his probationary period.

In May 2007, he was demoted to Lieutenant. On Sept. 27, he filed suit, challenging the evaluations and demotion of himself as arbitrary and capricious and in violation of NYPD's policies for evaluating probationary Captains. Historically, Mr. Richter contended, Police Captains are not demoted unless they are found to have committed serious misconduct.

Justice Madden ordered that oral arguments in Captain Davids' case are to begin on Aug. 21.