By Marie McCain
and Jane Prendergast
The Cincinnati Enquirer

A Cincinnati police captain who says he is next in line for the open assistant chief's job created by the retirement of Lt. Col. Ron Twitty wants a judge to promote him to the position.

Capt. Stephen Gregoire filed his civil request Thursday in Hamilton County Common Pleas Court. He asked that the city be prevented from letting an eligibility list for the position, which he tops, expire Wednesday. .

The police union filed a grievance Sept. 20 after asking Cincinnati City Manager Valerie Lemmie not to undertake the national search she promised for Col. Twitty's replacement. It suggested she appoint Capt. Gregoire immediately, then create a fifth assistant chief position for whomever she wanted.

She declined, and has since denied the union's grievance. FOP President Roger Webster has said he expects to go to court.

Capt. Gregoire, 55, has been on the force 32 years. He took the civil service exam for promotion to assistant chief a year ago.

Commander of the internal investigations section, he ranked second on the test behind former Capt. Cindy M. Combs, who has since been promoted to assistant chief.

Community activists have urged Ms. Lemmie to replace Col. Twitty, who is black, with someone of color. Capt. Gregoire is white.

Part of the issue is when Col. Twitty's retirement takes effect. The police union says the job should have been open the minute the assistant chief filed his letter Sept. 10 that said he intended to retire.