By Marie McCain
The Cincinnati Enquirer

Cincinnati struck a compromise deal Wednesday in a Hamilton County court with a police captain who argued he's entitled to an assistant chief slot that becomes available in December.

The compromise allows Cincinnati police to search outside the city for a new assistant chief under provisions of the 2001 Issue 5 ballot initiative - but also extends the life of a civil service eligibility list for the job that should have expired Oct. 23.

The agreement doesn't mean that police Capt. Stephen Gregoire, the top candidate on the list, will automatically become the next assistant chief, filling the vacancy created by the controversial retirement of Lt. Col. Ron Twitty.

Even so, the deal was enough to persuade Capt. Gregoire to dismiss his civil suit, filed last month, against the city and the civil service commission.

Attorney Stephen Lazarus said his client was "satisfied" and will forgo court action in favor of the city's administrative hearing process to try to resolve his concerns. If the city does fill the job from outside Cincinnati, it was agreed Capt. Gregoire would be given 48 hours notice so he could file civil action at that time.

City Manager Valerie Lemmie, who was in court Wednesday, said the agreement complies with the labor contract the Fraternal Order of Police negotiated with the city.

"We believe it's in the best interest of the city," Ms. Lemmie said. "I think we all want this matter resolved."

Capt. Gregoire declined to comment.

The 55-year-old captain, who joined the force 32 years ago, took the civil service exam for promotion to assistant chief a year ago. Head of the internal investigations section, he ranked second on the test behind former Capt. Cindy M. Combs, who has since been promoted to another of the four assistant chief positions.

Col. Twitty pleaded no contest and was found guilty of attempted obstruction of official business in September in the racially charged case of $3,300 in mysterious damage to his city-owned car. He submitted a letter to Ms. Lemmie Sept. 10 announcing his intention to retire by Dec. 10.

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

Chief Tom Streicher has repeatedly said he thinks the test with Capt. Gregoire's name on top was dead as soon as voters approved Issue 5. The civil-service reform allows the city to go outside the police and fire departments for future chiefs and assistant chiefs.

FOP President Roger Webster and Vice President Keith Fangman agreed Wednesday that race had nothing to do with Capt. Gregoire's lawsuit.

"When we negotiate a contract we expect the city to abide by that contract," Mr. Fangman said.

Wednesday's agreement before Judge John Andrew West neutralized a motion filed Wednesday on behalf of the Sentinels Police Association, comprised mainly of African-American officers, that advocates equal opportunity within Cincinnati police.

The Sentinels sought to have Capt. Gregoire's complaint dismissed.

E-mail mmccain@enquirer.com