Former Savannah Fire employee alleges racial discrimination in new civil lawsuit against city

Former Savannah Fire Department (SFD) Battalion Chief Jeffrey Croslen filed a civil lawsuit in federal court against the City of Savannah and SFD Chief Elzie Kitchen that claims he was passed over for an assistant chief position, partially due to racial discrimination.

In the suit, filed on July 10, Croslen claims that Kitchen ultimately terminated his employment in retaliation for raising concerns about SFD’s promotional process and SFD’s tendency to “stifle dissent.”

Croslen joined the SFD in 1985 and was promoted to captain in 1995, according to the complaint. “Despite an exemplary record of performance, his career stalled over the next two decades,” the suit states.

Croslen alleges that he was denied promotion to battalion chief four times, a senior management role that is the next rank above captain, before being promoted to the position in 2020. In late 2022, Croslen applied for two open slots for the position of Assistant Fire Chief. Croslen claims he was passed over for both positions in February 2023. The suit states that of the 19 upper management positions, 17 were held by white men, a figure that Savannah Morning News is in the process of confirming. The suit also alleges that Kitchen reserved one assistant chief position for a Black candidate and the other for a white candidate.

In an email, City of Savannah Press Secretary Josh Peacock said the City of Savannah does not comment on active or pending litigation.

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The lawsuit states that in 2012 and 2013, when Charles Middleton served as chief of SFD, Croslen filed charges of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC), alleging that SFD disproportionately promoted white candidates with less experience and fewer qualifications to senior-level management positions over more qualified African American candidates.

Croslen also filed a civil lawsuit in federal court in July 2014, alleging that he had been "bypassed for promotion in favor of less qualified Caucasian individuals," according to federal court documents obtained by SMN.

The EEOC investigation lasted for more than two years, while the federal lawsuit's discovery process took more than a year, and ultimately Croslen's case was administratively stayed "pending resolution of an appellate decision regarding another SFD lawsuit," according to Croslen's recent filing.

The case was reopened in 2017 but no judicial action occurred by 2023, and in the interim, Croslen's attorney died. "Croslen decided that he did not wish to pursue his federal civil case and that he would instead devote his energy to saving his job," the latest suit reads.

A federal judge dismissed the previous lawsuit with prejudice on Nov. 28, 2023.

Suspension and demotion

Meanwhile, on March 17, 2023, Croslen sent an email to Kitchen and Deputy Chief William Handy alluding to a history of racial discrimination within the department, Croslen’s own role in litigating against discrimination, and his plan to open a dialogue “with the city manager, human resources and other agencies."

Within about 10 days of his email, Croslen was notified by the internal affairs department (“IAD”) that he was under investigation for violating Section 21.14 of SFD’s standard operating procedures. That policy dictates that officers “shall not adversely criticize [SFD’s] policies or the official activities of other employees in the presence of subordinates.”

On June 19, 2023, Croslen sent Kitchen a letter by email denying that he had violated SFD’s policies, reiterating concerns about the promotional process and the allotment of seats to candidates based on race.

On June 26, 2023, Croslen was informed that the internal affairs investigation had determined there was no specific violation of department policy, according to the suit. But, according to the internal affairs investigation obtained by SMN, the investigator sustained the complaint.

“After conducting the interviews and speaking to those involved as well as Employee 1, I find the complaint is SUSTAINED,” the IA investigation reads. “There is sufficient probable cause that Employee 1 did conduct himself in a manner which violated policy. There are credible witnesses of the conduct occurring at multiple stations and on separate occasions to support the claim.”

On June 26, 2023, Croslen claims that he was directed to begin counseling with SFD’s employee assistance program (“EAP”) and informed that if EAP recommended further psychological counseling, he would be mandated to receive therapy or risk termination.

In a response to the IA report addressed to Kitchen, dated July 12, 2023, Croslen wrote, “This report has been constructed to be a predetermined admonishment of me. This report is illegitimate. This investigation is unsubstantiated and based on gossip, rumors, and untruths.”

The suit alleges that on Aug. 1, 2023, Kitchen convened a forum for operational leaders within SFD to discuss programmatic issues within the organization. Kitchen advised the attendants that they were authorized to speak freely without repercussions.

During the forum, Croslen expressed that SFD had a tendency to stifle dissent. Kitchen became visibly agitated and loudly admonished Croslen that “a personal attack on my leadership” would not be tolerated.

Three days later, on Aug. 4, 2023, Kitchen ordered Croslen to resign or face termination for “insubordination.” When Kitchen refused, Croslen was suspended pending a review of his termination.

On Oct. 6, 2023, City Manager Jay Melder conducted a meeting in his office to hear Croslen’s argument to reverse Kitchen’s recommendation.

On Nov. 29, 2023, one day after his previous civil suit was dismissed with prejudice, Savannah’s assistant human resources director notified Croslen that he could resign or accept a demotion to captain.

On Dec. 3, 2023, Croslen was demoted to the level of captain and his annual pay was reduced by $11,215.22.

Through the current lawsuit, Croslen is seeking to be reinstated as battalion chief and other compensatory measures. Croslen's attorneys are demanding a jury trial. No hearings are scheduled yet in the case.

Drew Favakeh is the public safety and courts reporter for Savannah Morning News. You can reach him at AFavakeh@Gannett.com.

This article originally appeared on Savannah Morning News: Former Savannah Fire employee alleges racial discrimination in new civil lawsuit against city