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McManus: 'I Acted Appropriately'

Firing May Cost $1.2 Million

POSTED: 9:54 am CDT September 8, 2006
UPDATED: 12:48 pm CDT September 8, 2006

San Antonio Police Chief William McManus said Thursday that he disagreed with a jury's decision in a discrimination lawsuit when he was police chief in Dayton, Ohio.

On Sept. 1, a Montgomery County Ohio Common Pleas Court jury found that Barbara Temple, who is white and had 27 years on the force, had been the victim of racial discrimination when she was fired in 2002 by McManus.

Dwight Brannon, an attorney for Temple, said Temple lost her job because McManus was trying to meet diversity goals. Brannon accused McManus of emptying his command staff of a white officer to make room for three black males.

"I am disappointed in the jury's decision," McManus said in a news release. "However, this does not deter my confidence in the system and I maintain that I acted appropriately. The decision to terminate an appointed member of my command staff was within my scope of authority and was not based in any way on race."

Also on Thursday, the Dayton City Commission agreed to pay Temple about $1.2 million to settle her lawsuit accusing the city of firing her for racial reasons, Andrea Ostrowski, another attorney for the woman, said.

The settlement with Temple includes cash, back pay and a contribution to her pension fund, Ostrowski said.

Dayton City spokesman Tom Biedenharn said the commissioners have talked about the case, but have not voted on any settlement and no vote is scheduled.

"The City Commission has not taken any formal action on any settlement," Biedenharn said. "Until that happens, there is no agreement that is formally in place."

Attorney Edward Dowd, who is representing McManus, former interim City Manager John Thomas and the city, said McManus had justifiable reasons for removing Temple.

Dowd said Temple once wore civilian clothes after McManus had ordered all officers to wear uniforms, that she failed to follow up on a complaint a week after he referred it to her and that she was insubordinate when she shook her head during a staff meeting about McManus' pursuit policy.

McManus left Dayton in 2004 to take the police chief's job in Minneapolis and left that job this year for San Antonio.

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