DISTRICT COURT JURY FINDS FOR CHP IN PROMOTION-BIAS SUIT.

Byline: Felisa Cardona Staff Writer

The California Highway Patrol does not have a pattern of discriminating against minority officers who apply for promotions within the department, a jury found.

After deliberating for more than two weeks, the jury rejected a class-action lawsuit charging the agency denied promotions to minorities because of race. The decision was announced Monday in U.S. District Court.

Retired Lt. Jeff D. Paige, 60, of Diamond Bar filed the lawsuit in 1994 after he said he was not promoted to captain because he is black. More than 1,000 officers joined the suit, including 51-year-old Officer Carlos Avila of Victorville, who said he was passed over for promotion to sergeant because he is Latino.

Although it rejected the class-action claims, the jury upheld Paige's claims that his superiors retaliated against him after he complained about racial bias and slurs on the job. The jury still has to decide what damages to award him.

Judge Consuelo B. Marshall has yet to rule on a claim that CHP practices had a disparate effect on minorities. People who joined the suit would get compensation for lost pay and benefits if the judge were to rule in their favor.

Della Bahan, co-counsel for the plaintiffs, said she's hoped Marshall would rule in their favor.

``The case is still essentially undecided,'' Bahan said.

Although the case is not quite resolved, CHP officials expressed relief at the jury's decision announced Monday.

``Obviously we are pleased with the verdict today,'' said CHP Commissioner D.O. ``Spike'' Helmick. ``The case went on for many, many years. I can tell you that my predecessor and myself worked hard for many years to treat all of our employees fairly and give them an opportunity as they moved up the ladder.''

Helmick was accused of giving the answers to promotional exams to favorites that he wanted to move up. He was also accused of using the term ``boy'' when addressing Assistant Chief Greg Manuel, who is black.

During the trial, Helmick denied using the pejorative term, and he also denied playing favorites when it came to exams.

``I did not make those comments,'' he said. ``Those were investigated well before the trial and not found to be accurate.''

Paige's lawyer, Dan Stormer, told the jury that the CHP did not start promoting minorities until after the lawsuit was filed.

Prior to 1994, Stormer said whites held about 81 percent of the supervisorial positions in the CHP. By 1994, whites were in 70 percent of high-ranking positions.

However, the CHP was required to promote from the rank below and couldn't go outside the department to recruit minorities for high-ranking jobs. Lieutenants had to be sergeants for at least two years before a promotion, captains had to first be lieutenants, and so on.

CHP lawyers argued that it took several years of recruiting minorities in the 1980s before nonwhite officers began reaching high-ranking positions in the 1990s.

CHP statistics show that as of July 1, 31 percent of deputy chiefs, 24 percent of assistant chiefs, 23 percent of captains and 26 percent of lieutenants are minorities.

``The CHP has made great strides in hiring and promoting a racially diverse work force,'' Helmick said. ``We hope this verdict will put an end to the divisive rhetoric and allow us to move forward as one cohesive department.''

The Associated Press contributed to this report.