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Carlos Illescas of The Denver Post
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AURORA — An Aurora police union has filed a lawsuit against the city’s Civil Service Commission to stop the police chief from awarding bonus points for candidates seeking promotion to captain.

The lawsuit, filed in Arapahoe County District Court last week, says the commission violated Aurora’s city charter when it amended its rules to allow the chief a say in the promotion process. The change was made in July 2008.

The charter says the highest scorer on the test should be promoted to captain.

The Aurora Police Association did not return phone calls for comment.

“We’re protecting the civil- service system,” said attorney Tom Buescher, who is representing the police union. “That’s what this lawsuit is all about.”

Police Chief Dan Oates referred comment to the city attorney, who shot down the accusation.

“We believe that this lawsuit is without merit,” said City Attorney Charlie Richardson, who would not elaborate.

The Civil Service Commission is charged with, among other things, the hiring and discipline of officers.

Oates has long wanted more say in promotions as a way to diversify his department, especially in the higher ranks.

Voters a few years ago rejected a measure that would have given him more power to do that. The Civil Service Commission also had denied him until, after numerous discussions, it agreed to amend its rules in July 2008.

The rule change allows the chief to give “preference points” to one of the top three candidates for captain without knowing their respective scores.

However, the lawsuit says that has resulted in “candidates who score lower on the objective portions of the promotional test being promoted ahead of the person who scored highest.

“The promotion of captains in the Police Department is not based on merit,” the lawsuit says.

Carlos Illescas: 303-954-1175 or cillescas@denverpost.com

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