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GREENSBORO - A civil rights investigation into the Greensboro Police Department took almost three times longer than usual to complete and required federal officials to subpoena a "black book" photo lineup from the city, a lawyer in the case said Friday.

Although the city has shown reluctance to talk with officers who filed complaints with the U.S. Equal Employment Opportunity Commission, their lawyer said his clients - who learned this week that their allegations of workplace discrimination were verified - remain open to negotiations.

"Every time we've come to the table to talk we've been told ‘We've got nothing to talk about' or ‘We're still looking through things,' " attorney Ken Free said. "Right now, we're still in a holding pattern."

Free's comments came one day after officers learned the EEOC ruled that evidence suggests discrimination took place against black police officers under the administration of former Chief David Wray. A letter to one officer indicated that the decision rests on the use of a photo lineup containing pictures of several black male police officers.

The precise use of the lineup, dubbed a "black book" because of its contents as well as the binder's color, remains in dispute. In a news conference shortly after his resignation, Wray said the book, with 19 photos of black officers and 95 photos of random black men, was compiled to investigate claims that an African American officer assaulted a woman in a local hotel in early 2005.

But Free and his clients allege that Special Intelligence offered criminal suspects favorable treatment in exchange for any incriminating information on officers in the book. On Friday, Free said the lack of white officers in the book made the practice not only arbitrary, but discriminatory.

The EEOC appears to agree.

"There is evidence to support that said black book was used to attempt to obtain incriminating evidence against black police officers," Jose Rosenberg, director of the EEOC's Greensboro office, wrote in one letter. "A review of the record shows that non-black officers were not subjected to this type of treatment."

Ken Keller, an employment attorney for Wray, said Friday he believes the EEOC findings are flawed based on the documentation it used in its investigation.

Keller said many details come from a report put together by an independent consultant at the request of City Manager Mitchell Johnson. Risk Management Associates of Raleigh, along with a separate report from two assistant city attorneys, documented allegations in late 2005. Both reports criticized the way Wray ran the department and how he treated certain officers.

"I think the RMA investigation, in my personal opinion, was made with a certain agenda in mind," Keller said. "They got a certain result ... and I think it's totally flawed."

Keller said the EEOC never interviewed Wray in its investigation.

Rosenberg was unavailable for comment Friday afternoon. The EEOC has not commented on the officers' allegations and, because of federal law, has never acknowledged the complaints were even made.

According to the EEOC's Web site, the average time for processing an investigation is 182 days. The officers filed their complaints with the EEOC in April 2006.

Current police Chief Tim Bellamy declined to comment Friday. He said he was instructed by City Attorney Linda Miles not to talk about it.

The EEOC finding places the city in a difficult position. To defend itself, city officials must argue that Wray was not discriminatory against black officers. But to admit liability puts the city at risk of paying out tens of thousands of dollars in compensatory damages.

The employment commission is now trying to place a dollar figure on each officer's alleged harm. City leaders indicated Thursday they may allow the matter to go to court, rather than accept the findings.

Free said he did not know if all 40 of his clients who filed complaints received the letter. One night earlier, Free said he represented 32 officers in touch with the EEOC, but Friday he corrected that number.

The EEOC letters arrive as the N.C. Attorney General's Office reviews the findings of a criminal investigation launched by the State Bureau of Investigation. Indictments against current and former officers are possible, though state officials remain silent on when a decision may be made regarding criminal charges.

Two former Special Intelligence officers remain on paid suspension from the department. Their fates with the force await the end of the state investigation.

Contact Eric J.S. Townsend at 373-7008 or etownsend@news-record.com