New Haven Independent

The 10 had to give up years of back pay they might otherwise have been entitled to, and in some cases lost two years’ seniority compared to the New Haven 20, whose legal battle ended in the U.S. Supreme Court.

It was a “bittersweet” moment, said firefighter Tyrone Ewing.

His comment came moments after the Board of Fire Commissioners voted unanimously to promote him and nine other firefighters in a special meeting at 2 p.m. Friday. Three of those promoted are black and one is Latino.

The vote came six years after the firemen took their promotions exams, and three days after the board voted to promote 14 of their colleagues.

Those 14 were members of the New Haven 20, a group of mostly white firefighters that sued the city in 2004 when it threw out the results of a 2003 promotional test because African-Americans performed poorly. Following a five-year legal battle that culminated in a U.S. Supreme Court decision in favor of the New Haven 20, the test results were finally approved Monday, allowing for 14 of the New Haven 20 to be promoted on Tuesday.

Friday, it became clear that the 10 firefighters who didn’t sue will end up with fewer benefits than their colleagues who hired a lawyer and took the city to court.

The 10 firefighters who were promoted on Friday also did well on the exam — in some cases, better than the New Haven 20. Their scores made them eligible to fill the 10 remaining slots that would have been filled in the two years for which the 2003 test would have been valid.

Their promotions came at a cost.

Before they could be promoted, the 10 firefighters had to sign a waiver promising not to sue the city in the future and giving up any claim to back pay. This contrasts sharply with the situation of members of the New Haven 20, who are fighting for extensive damages and back pay from the city following their five-year lawsuit.

All 10 firefighters signed the waiver. A couple said they felt they had no better option.

Further, several of the firefighters — those who outscored the New Haven 20 on the promotions exam — had to agree to give up even more. They would have been promoted ahead of the New Haven 20 if the test had not been challenged. But now, per their agreement with the city, they’re giving up two years’ seniority compared to the New Haven 20.

Before the promotions took place Friday, city Corporation Counsel Victor Bolden (pictured) spoke before the board. He said that it was important to make the 10 promotions in part because some of the 10 had scored higher than the members of the New Haven 20 who were promoted on Monday.

“The Supreme Court saw no reason not to permit the promotion of [lead plaintiff] Frank Ricci, who was the sixth highest scorer on the Lieutenant’s exam,” Bolden said. “It thus also makes sense to promote individuals like [non-plaintiffs] Tim Keiley and Sean Reynolds who scored number two and three on the exam. … Is the test they took no less valid than the one the plaintiffs took?”

After the unanimous vote and a round of handshakes and hugs, Ewing shared his impression of the moment. He pronounced it a “bittersweet” victory.

The sweet part: “the city did what was right,” said the new Lieutenant.

The bitter part: “If you look at what the New Haven 20 went through, we did the same thing,” he said. The difference now is that the New Haven 20’s promoted 14 are now fighting for back pay and damages. Ewing and others gave up that right by signing the waiver.

It was a tough decision to sign the document, he said. But ultimately, he and the others decided it was not worth the risk of further delay or loss if they tried to fight the city, Ewing said. “It’s a give and take.”

Ewing (at right in photo) said he was fortunate to have had less to give up than some of his colleagues, like Gary Cole (at left in photo).

Cole scored above all but one of the New Haven 20 on the Lieutenant’s exam. But, “they got promoted first,” he said. Even though their promotions were approved on Monday and his on Friday, it’s a “difference of two years according to the city,” Cole said.

That’s because the city decided to backdate the New Haven 20’s 14 promotions to March 18, 2004, the first day for which the 2003 test results would have been valid. On the other hand, Friday’s 10 promotions were backdated to March 18, 2006, the last day for which the results would have been valid.

That has a significant impact on department seniority, Cole said. It could mean the difference down the line between being promoted to Captain or acting-Captain, positions which come with corresponding salary increases.

“I feel it’s a pride thing more than anything,” Cole said. “To move down the seniority list, it’s not right.”

Bolden said that the city’s agreement with the 10 firefighters was designed to shelter their promotions from any further legal action and make a clear distinction between them an the New Haven 20. The hope was “to create a situation that insulated and protected those promotions as much as possible,” Bolden said.

Pat Egan, president of the firefighter’s union, said it was a “great day for everybody.”

“It’s good to see the 24 guys promoted,” he said. “It creates challenges to the department when managerial positions are vacant.”

In his remarks, Bolden said that although debate about the validity of the 2003 exam may linger perhaps forever, the Supreme Court deemed it valid. He said that the city “can, should, and will look to see how it can administer a better test in the future.”

Promoted to Lieutenant: Timothy Kieley, Sean Reynolds, Gary Cole, Bruce Golaski, Thayer Baldwin, Tyrone Ewing, James Watkins, Terrence Rountree.
Promoted to Captain: John Ryan, Luis Rivera.

Past stories on fire department promotions and the Ricci case:

• Judge Blocks Black Firefighters’ Move
• Board Promotes 14 Firefighters
• Judge Orders Firefighter Promotions
• Black Firefighters Seek To Halt Promotions
• Promotions Pitched In Ricci Case
• Ricci’s Back In Court
• After Ricci Ruling, Black Firefighter Sues City
• Ricci Takes The Stand
• In D.C., Two Latino Views On Sotomayor
• Dems Swing Back On Ricci
• ConnectiCOSH Kibosh
• Sotomayor: I Didn’t “Hide” Ricci Case
• Is Ricci Being Smeared?
• Sotomayor Speaks On Ricci
• Ricci Takes Center Stage
• Watley: I’d Have Promoted Ricci
• Firebirds, NAACP: Ricci Won’t Stop Us
• “If You Work Hard You Can Succeed In America”
• Was He The Culprit?
• Supreme Court Overturns City On Ricci
• On Page 25, A Hint
• Minority Firefighters Vow Post-Ricci Unity
• Ricci Ruling Won’t End Quest
• Ricci, Sotomayor Brand DeStefano
• Firefighter Case Reveals Surprise Obama Stand
• Justices Zero In On Race-Based Distinctions
• Rights Groups Back Black Firefighters
• The Supreme Stakes: Title VII’s Future
• Dobbs v. Bolden
• Latino Group Backs White Firefighters
• Black Firefighters: Ricci Case Poses Grave Threat
• NAACP Backs City In Firefighter Case
• Paging Justice Kennedy
• Fire Inspectors Promoted
• Fire Inspector List Approved
• U.S. Supreme Court To Hear Firefighters’ Case
• Fire Promotions Examined in Supreme Court