Cincinnati's police union on Friday filed a grievance to try to stop the city from looking outside for its new assistant police chief.

        The Fraternal Order of Police says Capt. Stephen Gregoire, the next name on the assistant chief list, should replace Lt. Col. Ron Twitty. Union officials met with City Manager Valerie Lemmie this week to try to persuade her not to undertake the national search she promised.

        They tried to make a deal by suggesting she appoint Capt. Gregoire now, then create a fifth assistant chief position for whomever she chooses. That didn't work, FOP President Roger Webster said, so the union filed the grievance with the city's personnel department Friday afternoon.

        “That position should be immediately available,” Mr. Webster said, “and Steve Gregoire should get it.”

        At issue is when Col. Twitty's retirement takes effect. The union says the job should have been open the minute the assistant chief filed his letter Sept. 10 that said he intended to retire. But the letter came as part of a plea deal to end a criminal case against him over damage to his city-owned car. He pleaded no contest to attempted obstruction of official business and was fined $1.

        The deal also required him to retire within 90 days, and Ms. Lemmie said there likely will be no action on a replacement until then. Some officers suspect the long time frame was designed to make sure the promotional exam list that puts Capt. Gregoire on top expires. It's effective until Oct. 23, Mr. Webster said.

        The grievance moves next to Police Chief Tom Streicher, who has repeatedly said he thinks the test with Capt. Gregoire's name on top was dead as soon as voters last November approved Issue 5. It's a civil-service reform measure that allows the city to go outside the police and fire departments for future chiefs and assistant chiefs. The FOP is suing the city over Issue 5, alleging that its impact on assistant chiefs violates the union contract.

        Race is also a factor. Capt. Gregoire, 55 and on the force 32 years, is white. Col. Twitty, a 29-year veteran of the department, was the first African-American to rise to the rank of lieutenant colonel.

        Many in the black community think the department's top command staff should reflect some diversity. Without Col. Twitty, Chief Streicher's three remaining assistant chiefs are white. One is female.

        Ms. Lemmie could not be reached for comment. Capt. Gregoire, now commander of the department's Internal Investigations Section, said Friday afternoon he didn't know the FOP had filed a grievance.

        Union leaders don't expect the chief or Ms. Lemmie to side with them, Mr. Webster said. The step after that is arbitration.

        “It comes down to an issue of the contract,” he said. “She has every right to believe in her reading of the contract, and I have a vehicle to do something about it.”

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