Threatening discrimination lawsuit, Columbus police chief counters severance package

Threatening to sue the city for racial discrimination, Columbus Police Chief Freddie Blackmon has made a counter-offer to a severance package from Mayor Skip Henderson.

The chief’s counter proposal is in a March 28 letter from the Atlanta law firm Buckley Bala Wilson Mew, which specializes in employment law.

The firm claims the city is ending Blackmon’s employment based on his race, in violation of his civil rights.

Mayor Skip Henderson offered Blackmon a severance package on March 15, a day after the chief presented a strategic plan to address issues raised in a police department study authored by the national consulting firm Jensen Hughes.

Henderson offered Blackmon a lump sum of $250,000. Blackmon’s proposal seeks about $850,000, plus attorneys’ fees.

Blackmon’s attorneys claim the Jenson Hughes study was biased, having relied heavily upon complaints from Columbus’ Fraternal Order of Police. The police officer heading that group, Lt. Ralph Dowe, who is white, has sued the city on claims that he was denied promotion because of his race.

Columbus Police Chief Freddie Blackmon listens to a speaker during a Tuesday evening rally outside the City Services Center prior to Tuesday night’s Columbus Council meeting. 03/28/2023
Columbus Police Chief Freddie Blackmon listens to a speaker during a Tuesday evening rally outside the City Services Center prior to Tuesday night’s Columbus Council meeting. 03/28/2023

Blackmon now is being targeted because of his race, and faces consequences from that discrimination, his attorneys write:

“While Chief Blackmon has suffered a complete disruption of his life as a result of the city’s unlawful conduct, along with potentially significant financial loss, and he is prepared to pursue his claims, we believe a prompt settlement of this matter is in the best interest of both parties.”

They add that under Title VII of the Civil Rights Act of 1964, Blackmon is “entitled to recover his lost wages, compensatory damages, and an award of attorneys’ fees and costs of litigation in the event he prevails on the merits of his claims against the city. In cases involving a public employer, a court may award front pay for the entire remainder of a plaintiff’s career.”

The severance package the mayor offered Blackmon does not reflect “the significant value” the chief offered to local law enforcement or his “exemplary service to the public,” the law firm said.

Here are the demands set forth in the firm’s letter addressed to Mayor Henderson:

  • $646,053, or five years of his base salary through age 62

  • $200,000 compensatory damages under Title VII and the equal protection clause of the 14th Amendment

  • Health insurance through May 31, 2030

  • All vacation and overtime accrued as of the date he leaves the city’s employment

  • Eligibility in the city pension plan

  • Full vestment in the city’s Deferred Retirement Option Plan, commonly called “DROP,” as if he retired on Oct. 31, 2027, at age 62

  • $15,000 in attorneys’ fees

The settlement proposal remains open for 14 days as of March 28, the letter says.

Here are highlights of the severance package the city offered Blackmon on March 15:

  • A one-time lump sum gross payment of $250,000

  • Health insurance benefits until May 2030

  • Compensation for unused vacation time

  • Eligibility for participation in the city pension plan to leave his position by April 5

Blackmon, a Columbus native who started at the police department in 1986, is the city’s second Black police chief. His appointment to that position unanimously was confirmed by Columbus Council on Nov. 17, 2020. His annual salary currently is $161,513,

The Jensen Hughes report found the department under Blackmon’s command not only was losing experienced personnel, but failing to retain new officers, once they were fully trained. Officers complained of low morale, poor communications from leadership, and micromanagement.

Blackmon’s strategic plan called for boosting the number of sworn officers from 488 to 572, increasing financial benefits and restructuring the department. The current starting pay for a rookie police officer with a high school education is $50,121 a year.

Mayor Henderson was not immediately available for comment Monday.

Wane Hailes, president of the Columbus branch of the NAACP, speaks Tuesday night during a rally outside the City Services Center in support of Columbus Police Chief Freddie Blackmon. 03/28/2023
Wane Hailes, president of the Columbus branch of the NAACP, speaks Tuesday night during a rally outside the City Services Center in support of Columbus Police Chief Freddie Blackmon. 03/28/2023