New Haven Independent

Thus spoke Boise Kimber (pictured) Tuesday afternoon, as the Board of Fire Commissioners promoted 13 white and one Hispanic firefighter to be lieutenant and captain.

With those words and a unanimous 5-0 vote, a final obstacle fell Tuesday between 14 firefighters and the promotions they fought for in a five-year legal battle that ended in June, when the U.S. Supreme Court ruled they had been unlawfully discriminated against.

The board promoted eight firefighters to lieutenant and six to captain. Click here for a list.

The 14 firefighters are members of the New Haven 20, a group of mostly white firefighters who sued the city when it threw out the results of a 2003 promotional test because African-Americans performed poorly.

Promotions became official at the Board of Fire Commission meeting on Tuesday at 2 p.m. at the fire department headquarters. Commissioner Kimber, who was lambasted by U.S. Supreme Court Justice Samuel Alito for vocally opposing the promotions in 2004, is now the acting chair of the fire commission. He congratulated the men in brief remarks before making the promotions. Joining the vote was Paul Nunez, the newest appointee to the fire commission.

A few of the New Haven 20 showed up to the fire headquarters to witness their promotions. After the board took a vote, they shook hands and exchanged hugs. They reserved comment until the promotional ceremony, which is set to take place next Thursday, Dec. 10, at 3 p.m. at the fire training academy at 230 Ella T. Grasso Blvd.

Some other firefighters — some who scored higher on the test than those who were promoted — watched on with less exuberance. Another 10 firefighters, who were not part of the lawsuit, did well enough on the test to warrant promotion. Five of them showed up Tuesday to see if their promotions would be addressed, too. They weren’t. Fire Chief Michael Grant said he’d like to see those promotions happen, too, but the issue is “still in the attorneys’ hands.”

Tuesday’s promotions came on the heels of a ruling Monday night by the Civil Service Commission.

Six years after taking the promotions exams, Ricci (at center in photo) and fellow members of the New Haven 20, showed up on the third floor of police headquarters at 1 Union Ave. on Monday night to see their fate reversed.

The Civil Service Commission, following a June decision by the U.S. Supreme Court in favor of Ricci and his fellow plaintiffs, certified the results of a 2003 fire department promotions exam by a unanimous vote. For the first time, the test results — with names — were made public.

A dozen of the New Haven 20 eagerly snatched up copies of a promotions list.

In making its decision, the Civil Service Commission was following strict orders from court.

Under directions from the U.S. Supreme Court, U.S. District Court Judge Janet Bond Arterton last week ordered the city to certify the test results and promote the 14 members of the New Haven 20 who did well enough on the test to advance in rank.

The Civil Service Commission carried out the judge’s order in a perfunctory manner Monday.

“We are proposing that this list be certified,” said city labor relations director Emmet Hibson (at left in photo), as he passed out a list of exam scores to the members of the commission. The captains list was followed by a lieutenants list.

“Judge Arterton’s order very clearly sets forth what we are required to do,” said commission Chair James Segaloff. The commission then voted unanimously to certify the test results.

The Civil Service Commission last considered the firefighters’ fate in 2004. The board got deadlocked in a tied vote, which resulted in the city tossing out the 2003 exam.

This time, the members of the New Haven 20 surged forward to pick up copies of the test results.

“We all look forward to serving the citizens of New Haven,” said Ricci as he headed toward the elevator.

“I’m glad the lists were certified,” said Fire Chief Michael Grant (pictured). “I’m happy to see the department will be moving forward … It’s fantastic that they’ll all be promoted.”

Meanwhile, other firefighters eagerly await their promotions, too. Ten firefighters who weren’t part of the suit scored high enough on the tests to warrant promotion.

The 2003 test results would have been valid for two years, during which time the city would have filled 24 openings from the promotions list. Judge Arterton’s ruling ordered 14 of the New Haven 20 to be promoted. She did not address the remaining 10 vacancies.

Pat Egan (pictured), president of the fire union, said he’d like to see those remaining promotions made by the end of the year, so that “we can start the new year with everything behind us.”

“This is a great day for the rule of law,” said city Corporation Counsel Victor Bolden (pictured). He declined to lay out a time frame for the 10 remaining promotions. “The city is focusing on finishing this process,” he said. “We’re focusing on what we’re legally obligated to do right now.” The remaining slots will be filled, “in due time,” he said.

If those final 10 promotions are made, they could include one Latino and three African-American firefighters. That’s significant not only because the Ricci case held race as its central issue. It’s also important because, since the Supreme Court decision, two lawsuits have been brought by black firefighters claiming the 2003 test was racially biased. Read about those cases here and here.

Test results released Monday reveal that Latino firefighter Luis Rivera scored high enough that he would have been promoted to Captain in the two years for which the test would have been valid. Black firefighters Tyrone Ewing, James Watkins and Terrence Rountree scored high enough to have made Lieutenant.

Based on the way the city scored the test, none of the recent African-American plaintiffs scored high enough to be promoted in the first two years.

Benjamin Vargas, the one Latino member of the New Haven 20, is the only minority firefighter in the first round of promotions.

Past stories on fire department promotions and the Ricci case:

• 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