Helm federal lawsuit alleges Jason Bolt was promoted to Captain having minimum standards changed

Photo: From June 29, 2020 Agent Jason Bolt (left), Mayor Derek Slaughter (middle),

Chief of Police Damon Hagan (right), former Mayor Campana (not pictured)

Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

Information listed in the Federal lawsuit COMPLAINT filed today on behalf of Steve Helm of the Williamsport Bureau of Police; allege Jason Bolt was promoted to Captain of the Patrol Division having minimum standards changed for the position as noted in #45, #46  and #53 of the complaint.

1. Plaintiff Steven Helm is an adult individual who resides in Lycoming County, Pennsylvania.
2. Defendant Derek Slaughter, is an adult individual, who at times relevant to this Complaint was the Mayor of the City of Williamsport.
3. Defendant Gabriel Campana, is an adult individual, who at times relevant to this Complaint was the Mayor of the city of Williamsport.
4. Defendant City of Williamsport is a Municipality located at 245 W. Fourth Street, Williamsport, Lycoming County, Pennsylvania, and is a Political Subdivision of the Commonwealth of Pennsylvania duly organized as a Third Class City.
5. Defendant City of Williamsport is vested with the management and administration of law enforcement in the City of Williamsport by and through its agency, the Williamsport Bureau of Police, in which it is further vested with the supervision, hiring, promotion of police officers and police administration employed by the City of
Williamsport.

This is an action to redress the deprivation under color of statute, custom or usage of the rights, privileges, and immunities secured to the Plaintiff by the Constitution of the United States and 42 U.S.C. §1983.

15. In the Fall of 2018, David Young, Williamsport Police Chief at the time, announced his intention to retire.
16. In or about December 2018, Defendant Gabriel Campana, Mayor of the City of Williamsport at the time, began discussions with Miller, a former Williamsport Police Officer, regarding thoughts on the open Chief position.
17. Campana sought the advice of Doc Miller on who should be the next Chief of Police.
18. Doc Miller advised Campana that it was obvious that it should be Plaintiff Steven Helm because of his years in the department, his experience in leadership roles and the fact that he was respected in the Department.
19. Campana indicated that he would not promote Plaintiff to Chief because Plaintiff had filed lawsuits against the City.
20. Campana eventually offered the position of Chief to Doc Miller.

21. Doc Miller specifically advised Mayor Campana that he wanted to have Plaintiff Steven Helm as Assistant Chief, because he was the most qualified Police Officer in the Department.
22. Mayor Campana would not agree to allow Plaintiff Steven Helm to be promoted to Assistant Chief.
23. In or about January 2019, Damon Hagan was appointed by Mayor Campana as the Chief of Police.
24. Damon Hagan advocated his desires to have Plaintiff Steven Helm be appointed to the Assistant Chief position, as the most qualified Police Officer in the Department.
25. Mayor Campana refused to allow Plaintiff Steven Helm to be promoted to Assistant Chief.
26. In or about January 2019, Aaron LeVan was promoted by Mayor Campana to the Assistant Chief position.
27. In or about September of 2019, Aaron LeVan stepped down as Assistant Chief.

28. After LeVan stepped down, Chief Hagan again pushed for the promotion of Plaintiff Steven Helm to Assistant Chief, as the most qualified Police Officer in the Department.
29. Once again, Mayor Campana refused to promote Plaintiff Steven Helm to Assistant Chief.
30. Steven Helm to Assistant Chief, Chief Hagan advised Campana that Plaintiff Steven Helm is the most qualified person within the Department to take the job and that Helm deserved the promotion.
31. On or about September 10, 2019, Mark Sechrist was promoted to Assistant Chief. Prior to being promoted  Assistant Chief, Mark Sechrist had served the Department as a Patrolman since approximately 1991.
32. On January 6, 2020, Defendant Derek Slaughter was officially sworn in and assumed the office of Mayor of Williamsport replacing Defendant Gabriel Campana.
33. In the Fall of 2020, Chief Hagan began solicitating letters of interest and resumes to replace Mark Sechrist as Assistant Chief because Mark Sechrist was retiring.
34. In or about September 2020, Chief Hagan announced that he intended to seek approval to promote a Captain of Detectives, which would be an additional Police Administration position.
35. During multiple conversations and meetings between Plaintiff Steven Helm and Chief Damon Hagan, Hagan and Sechrist as Assistant Chief as he was the most qualified Police Officer in the Department.

36. After it was announced that the Department was taking applications for the open position of Assistant Chief and the newly created Captain of Detectives, six (6) Police Officers applied for the positions. This included Plaintiff Lieutenant Steven Helm, Lieutenant Fred Miller, Lieutenant Marlin Smith, Lieutenant Jason Bolt, Sergeant Jody
Miller and Agent Justin Snyder.
37. With the exception of Agent Justin Snyder and Lieutenant Bolt, who had recently been promoted to Lieutenant on August 17, 2020, the candidates had extensive supervisory experience.
38. In or about October 2020, Jason Bolt resigned from his position as Lieutenant and requested to return to the ranks as an Agent.
39. In or about December 2020, it became known that Lieutenant Marlin Smith would be promoted to Assistant Chief and Agent Justin Snyder would be promoted as Captain of Detectives.
40. Lieutenant Fred Miller had previously been performing supervisory duties with respect to the Detectives but was passed over for the position in favor of a less experienced candidate.
41. Prior to the official announcement of the promotions, Plaintiff Steven Helm was summoned to Chief Damon Hagan’s conference room. The purpose of the meeting was for Hagan to officially notify Plaintiff Steven Helm that despite Hagan’s belief that Helm was the most qualified candidate for the Assistant Chief position, he was being passed over for promotion yet again.
42. Approximately one week later, Plaintiff was called back again to meet with Chief, but Defendant Mayor Slaughter would not permit the promotion.
43. Shortly after Plaintiff’s meetings with Chief Hagan, Marlin Smith announced his intention not to accept the promotion to Assistant Chief and to withdraw his name from consideration.
44. After Marlin Smith’s withdrawal the remaining candidates for the Assistant Chief position included Plaintiff Lieutenant Steven Helm, Lieutenant Fred Miller, Sergeant Jody Miller and Agent Jason Bolt, who had resigned from his Lieutenant
position.

45. After Marlin Smith’s withdrawal, on Plaintiff Steven Helm, Fred Miller and Jody Miller met the minimum qualifications for the Assistant Chief position. Agent Bolt did not meet the minimum qualifications for the Assistant Chief position.

46. After Marlin Smith’s withdrawal, defendants changed the open position from Assistant Chief to Captain of the Patrol Division and altered the minimum qualifications for the new position. 

47. As indicated infra, Plaintiff Lieutenant Steven Helm had filed two (2) recent 42 U.S.C. §1983, First Amendment Freedom of Association claims against the City of Williamsport and his Supervisors.
48. On November 6, 2018, Lieutenant Fred Miller filed a 42 U.S.C. §1983 Freedom of Association Claim against the City of Williamsport and its Supervisors at No. 4:18-CV-2148.
49. Lieutenant Fred Miller entered into a Settlement Agreement with Defendant City of Williamsport in relation to his Freedom of Association Claims on June 14, 2019.
50. Like Plaintiff Steve Helm, Fred Miller’s Freedom of Association Claim was premised upon First Amendment Retaliation based upon Fred Miller association with F.O.P. Lodge 29 and his pursuit of matters on behalf of the Union.
51. Both Plaintiff Steve Helm and Fred Miller believed the Union’s status and activities were vitally important to protect the interest of police officers and the general public and for that reason they pursued claims against the City to preserve the Union status and stop the City and its Supervisors from engaging in unlawful anti-union activities.
52. Sergeant Jody Miller filed a 42 U.S.C. §1983 First Amendment Retaliation Claim against the City of  Williamsport and his Supervisors. His complaint was filed on March 25, 2020, at No. 4:20-CV-00485, and was dismissed by an Opinion and Order of the Court filed December 28, 2020.

53. Agent Jason Bolt was promoted to the position of Captain of the Patrol Division over three (3) far more experienced candidates, all of whom had filed recent 42 U.S.C. §1983 First Amendment Retaliation Claims against the City and their Supervisors.

54. In conversations with Chief Damon Hagan regarding the failure to promote him to the Assistant Chief or Captain of the Patrol Division position, Hagan has advised Plaintiff Steven Helm that he would have liked nothing more that because Hagen felt Helm deserved it and was the most qualified person for the positions without a doubt.
55. The Mayor of the City of Williamsport makes all final decisions as to promotions of police officers to the position of Assistant Chief and Captain.

Is this a case of retaliation and reverse racism?

The entire complaint can be read here.

This is a developing story on TalkWilliamsport.com.