Demoted Savannah BC Alleges Race Discrimination and Retaliation

A Savannah battalion chief who was demoted to captain after he complained about race discrimination, has filed suit alleging discrimination and retaliation. Jeffrey Croslen filed suit in US District Court for the Southern District of Georgia against City of Savannah and Fire Chief Elzie Kitchen.

Chief Croslen claims that despite having an African American fire chief for most of the past two decades, the city has a long history of discriminating against African Americans, prompting him to have previously filed EEOC complaints and a lawsuit in 2014 against the city. As explained in the complaint:

• The Savannah Fire Department has a long and entrenched history of passing over qualified African-American officers for top-level leadership positions.
• Even though the politically appointed Fire Chief has been black for most of the last two decades, the enduring pattern has been that white men hold virtually every other senior role at SFD.
• As of the filing of this Complaint, 17 of the 19 upper management positions are held by White men.
• Plaintiff Croslen is the rare Black officer who has broken through the glass ceiling, making it to Battalion Chief on his fifth application to the job in 2020.
• When he sought to advance to one of SFD’s two Assistant Chief slots, despite qualifications and credentials superior to the other contenders, he was denied, in part because of racial quota politics: one Assistant Chief slot was reserved for a Black, the other for a White.
• When Croslen made internal complaints about race driving the Assistant Chief’s promotion process, Chief Kitchen moved to orchestrate Croslen’s dismissal and, when that effort failed, his eventual demotion, all in violation of the anti-retaliation provisions of the federal race discrimination statutes.
• On March 17, 2023, Croslen sent an email to Chief Kitchen and Deputy Chief William Handy alluding to a history of race discrimination within the department, Croslen’s own role in litigating against discrimination, and his plan to open a dialogue “with the city manager, human resources, and other agencies. My intent is to make a positive impact within the City.”
• Croslen’s language alludes to a potential challenge to aspects of SFD’s promotional system.
• Within approximately 10 days of his email, Croslen was notified by the internal affairs department that he was under investigation for violating Section 21.14 of SFD’s standard operating procedures, which directs that officers “shall not adversely criticize [SFD’s] policies or the official activities of other employees in the presence of subordinates.”
• Croslen was told by IAD that there were reports that Croslen stated in the presence of officers under his command that the Assistant Fire Chief position “had been stolen” from him. Croslen made no such remark.
• During the course of the IAD inquiry, Croslen was interviewed by investigators. During the interview, he voiced criticism of an apparent use of a racial quota to select the Assistant Fire Chiefs.
• On June 19, 2023, Croslen sent Kitchen a letter by email denying that he violated SFD’s policies but reiterating concerns about the promotional process and the allotment of seats to candidates based on race.
• On June 26, 2023, Croslen was informed that the internal affairs investigation had determined there was no specific violation of department policy, but in a memo from Chief Kitchen that same day, he was directed to begin counseling with SFD’s employee assistance program (“EAP”) and informed that if EAP recommended further psychological counseling, he would be mandated to receive therapy or risk termination.
• EAP is a valuable tool for troubled employees, but Chief Kitchen’s order of mandatory participation is inconsistent with SFD policies, which envision voluntary EAP referrals for firefighters who have experienced trauma on the job or who have exhibited signs of distress at work.
• EAP is not designed to punish dissenters to internal personnel policies.
• On August 1, 2023, Chief Kitchen convened a forum for operational leaders within SFD to discuss programmatic issues within the organization.
• Kitchen advised the attendants that they were authorized to speak freely without repercussions.
• During the forum, Croslen expressed that SFD had a tendency to stifle dissent.
• Kitchen became visibly agitated and loudly admonished Croslen that “a personal attack on my leadership” would not be tolerated.
• On August 4, Chief Kitchen ordered Croslen to resign or face termination for “insubordination.”
• When Kitchen refused, he was suspended pending a review of his termination.
• Not until October 6, 2023 did City Manager Joseph Melder, who is the final decision-maker regarding challenged municipal terminations, conduct a meeting in his office to hear Croslen’s argument to reverse Kitchen’s recommendation. …
• Savannah’s Assistant Human Resources Director notified Croslen that he could resign or accept a demotion to Captain.
• Croslen would not resign, and effective December 3, 2023, Croslen was demoted to the level of Captain and his pay was reduced by $11,215.22.
• To Croslen’s knowledge, no other Battalion Chief has been involuntarily demoted.
• He is aware of one instance in which a Battalion Chief disseminated confidential medical information regarding the mental health of a firefighter’s late wife but faced no disciplinary consequences.
• Croslen was denied an opportunity to ascend to an Assistant Fire Chief role because one of the positions for which he applied was not a “Black” slot.
• Then, Croslen lost his job as Battalion Chief because he engaged in protected activity opposing the injection of race into SFD’s promotional processes.

Chief Croslen seeks reinstatement as a battalion chief, damages and attorney’s fees. Here is a copy of the complaint.