By Gregory Korte
The Cincinnati Enquirer

DOWNTOWN - The city of Cincinnati has won a rare arbitrator's decision, clearing a hurdle for City Manager Valerie Lemmie to conduct a nationwide search for assistant police chiefs.

But Lemmie said she has no immediate plans to fill the position until the city clears the next hurdle - a state decision on whether the city's charter or state contract law governs her ability to hire top police commanders. That decision should come in February.

Still, city officials said it was one of the most important arbitration decisions they can remember.

"I believe the citizens want to have the understanding that the city is putting the best possible people in these very important positions," said Mayor Charlie Luken. "It will allow us to pick from a larger pool of candidates with different qualifications."

Cleveland arbitrator Hymen Cohen on Friday denied a grievance by Capt. Stephen R. Gregorie, who said he was entitled to the assistant chief's position that became vacant when former Lt. Col. Ronald J. Twitty was found guilty of a misdemeanor charge of attempted obstruction of justice. Twitty, the highest-ranking African-American in the department, was accused of lying about damage to his city car.

Gregorie argued that section 22 of the Fraternal Order of Police contract required the city to fill the position from a civil service promotional list when the vacancy resulted from an "actual voluntary cessation of duties."

In other words, if Twitty voluntarily resigned, Gregorie was entitled to the job - but not if Twitty was forced out.

Hymen ruled that Twitty's resignation and his plea deal - which both came Sept. 10, 2002 - were related. Had Twitty voluntarily retired, he would have been eligible to take 288 days of sick time, vacation time, compensatory time and holidays in a lump sum payment, the arbitrator said. Twitty's agreement to instead take 90 days of paid leave is further evidence he was forced out, he said.

"Twitty did not choose to relinquish the powers of his position; he was compelled to do so," the arbitrator said.

He said the decision had nothing to do with Gregorie's qualifications. "There is no question that the grievant has an exemplary background, service with the city, and character," he said.

E-mail gkorte@enquirer.com