Age-discrimination complaints filed by two Bangor Police lieutenants against the city of Bangor have been dismissed by the Maine Human Rights Commission.

The complaints were filed by Lt. Robert O’Halloran, 50, and Lt. Allison Wetmore, 42, and charged that they were denied the position of chief of detectives because of their age.

Paul Pierce, an investigator for the Human Rights Commission, found that neither O’Halloran nor Wetmore were discriminated against in their quest for the chief of detectives position. Pierce stated to the Commission, however, that Police Chief Richard Stockford’s “expressed philosophy has an adverse impact on older employees, and therefore, consitutes unlawful age discrimination.”

In Pierce’s report, Stockford said his philosophy was that he “would be reluctant to start the promotional process with someone contemplating retirement. Everybody has a philosophy and mine is that I would be reluctant to start the process of promotion at a point where an officer could elect to retire.”

The Commissioners, who met on Monday, July 16, agreed that the two lieutenants were not discriminated against and disagreed with the investigator’s opinion that Stockford’s attitude constituted age discrimination.

The chief of detective position was filled in June, 1989, by Lt. Brian Cox, a 32-year-old man whom Stockford reportedly called a “workaholic.”

Wetmore is an 18-year veteran of the force. Stockford said he was not promoted because he had less experience in the detective division than Cox and O’Halloran. He also cited Wetmore’s attendance record as a reason that he was passed over for the promotion. The report indicated that Stockford did not feel that Wetmore would be as available as Cox.

Stockford reportedly told Pierce that Cox had difficulty attaining respect when he was first transferred to the services department, “as he was not as good a leader of people as he was an organizer of skills.”

Stockford reportedly said Cox was less suited then Wetmore to run the patrol crew.

Stockford was quoted as saying that the other patrol officers would have “eaten him (Cox) alive.” Stockford said that the detective division was a different situation and a different type of leadership was needed. He felt Cox was qualified for that position.

Pierce reported that Stockford had five lieutenants to choose from and narrowed his choice to Cox and O’Halloran.

Stockford told Pierce that O’Halloran and Cox had similar experience and training in the detective division. He said he had no complaints with O’Halloran’s work ethics, but that Cox was a workaholic, “which is needed in the criminal division.”

Pierce wrote that Stockford expressed concern that O’Halloran’s management style might be similar to that of his brother, Donald O’Halloran, who ran the division for several years.

According to the report, Stockford told Deputy Chief Joseph Ferland that he was looking for a different type of supervisor than Donald O’Halloran, “who was too easygoing and created a country club atmosphere.”

Stockford stated that Robert O’Halloran’s work ethic was faultless but he wanted a strict disciplinarian and believed that Cox was better suited for the position.

Pierce determined that Cox’s strict management style “tipped the scales in his favor” over O’Halloran.

City Manager Edward Barrett said he did not anticipate any major changes in the city’s policies, because the commissioners ruled that there was nothing wrong with them.

Barrett said though the investigator felt that Stockford’s overall philosophy on promotional procedures was discriminatory, that opinion was overruled by the commissioners.

“The selection process is fair and it will stay that way,” said Barrett.

The Maine Human Rights Act does not require that an employer promote the employee that a court might consider more qualified. It only requires that the decision be non-discriminatory, Pierce wrote.

Commenting on the commissioners decision, O’Halloran, who retired earlier this month, said, “I was not surprised. All along, the investigator gave me the idea that that’s how it was going to go.”

Though he was disappointed, O’Halloran said he hoped the whole incident would prompt city officials to review their policies and procedures.

“The real issue is the future of the department. If this causes them to take a close look at their policies and make sure that they are fair and equitable to everyone…well then the whole thing will have been worth it,” he said.