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Updated: 3:45 a.m. Wednesday, Nov. 10, 2010 | Posted: 3:44 a.m. Wednesday, Nov. 10, 2010

City settles police officer's discrimination lawsuit

Officer Kim Robinson accused Middletown, police chief of age and gender discrimination.

By Jessica Heffner

Staff Writer

MIDDLETOWN — Middletown officials have settled a federal lawsuit filed by a Middletown police officer last year accusing the city of age and gender discrimination for not promoting her.

The lawsuit was filed against the city of Middletown, the Middletown Division of Police and Chief Greg Schwarber by Kim Robinson in January 2009 in the U.S. District Court in Cincinnati. The suit alleged Robinson, then 44, was passed up for promotion to sergeant five times in favor of younger male candidates.

The officer contended that she also was not promoted despite passing the civil service exam and having no disciplinary history until March 2008, according to court documents.

A document was filed Nov. 5 stating the case has been settled and that parties have 60 days to reopen actions if the settlement is not completed. Details of the settlement were not disclosed.

Middletown Law Director said he could not comment on the case until the final settlement documents were signed and filed. He added the city intends to file the required settlement documents within the court’s time frame.

Leslie Ghiz, Robinson’s attorney, did not return calls seeking comment.

This is not the first lawsuit involving a dispute between Robinson and the city.

In 2008, Robinson was suspended for one day after an internal investigation found she was negligent in her duties as the property room officer; however, an arbitrator sided with Robinson and the Fraternal Order of Police Local No. 36, stating she was not fairly punished because disciplinary action was taken some seven months after she changed job positions.

City officials appealed that decision to Butler County Common Pleas Court.

Judge Andrew Nastoff has not yet rendered his decision in that case.

According to city and court documents, Robinson began working for the city in 1988.

Contact this reporter at (513) 705-2843 or jheffner@coxohio.com.

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