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“New Haven 10” Seek Ricci Redux

by Thomas MacMillan | Jan 4, 2012 1:12 pm

(14) Comments | Commenting has been closed | E-mail the Author

Thomas MacMillan Photo In a new lawsuit, 10 city cops charge that the city sought to avoid promoting them to the next rank because of their race.

Sound familiar?

“It’s just another version of the Ricci case,” said local civil rights attorney John Williams.

Williams represents 10 black police officers who claim the city’s Civil Service Board intentionally deviated from years of procedural precedents because of concerns that no Latino cops had passed a promotions exam. The board killed the exam’s resulting promotions list after one year, when such lists have historically been valid for two years.

The 10 officers are now suing the city in state Superior Court. Click here to read their complaint, filed Nov. 25, 2011.

It’s almost identical to the situation that led to Ricci v. DeStefano, the firefighter promotions case that went all the way to the U.S. Supreme Court and returned to smack the city with a bill for millions of dollars in damages. In that case, 19 white and one Hispanic firefighters, dubbed the New Haven 20, sued the city when it threw out the results of a 2003 promotions exam because African-Americans had not scored well.

The city was wrong to do so the Supreme Court ruled. It was similarly wrong to make the police department’s sergeant-promotions list valid for only one year—violating the rights of his New Haven 10, attorney Williams now argues.

The city has hired Cheshire attorney Nicole Chomiak of Nuzzo & Roberts law firm to defend the case. City corporation counsel Victor Bolden had this to say about the case: “The City denies the allegations made in this lawsuit, but will respond more fully at the appropriate time.”

The plaintiffs in the lawsuit declined to comment. They are Officers Bruce Bonner, Shafiq Abdussabur, Craig Alston, Malcolm Davis Jr., Milt Jackson, Albert McFadden Jr., Samson Reed, Mitchell Strickland, Rahgue Tennant, and Timothy Wilson.

Thomas MacMillan File Photo According to Williams, his Nov. 25, 2011 complaint, and government meeting minutes, here’s what happened in the case:

In April 4 and 18, 2009, the 10 plaintiffs were among the cops who took the written and oral portions of the sergeant promotions exam. They were also among the 33 officers to score above the 70 percent passing grade. The majority of officers on the resulting eligibility list were African-American. Click here to see the list.

On July 14, 2009, the New Haven Civil Service Board met to consider and approve the list, so that the Board of Police Commissioners could begin using it for promotions. During the meeting, according to the complaint, “members of the [Civil Service] Board explicitly stated that they were troubled by the fact that a majority of the persons on the list were African-American and that none of the persons on the list were Latino. At that time, the Board expressly agreed that the list would be allowed to expire after only one year solely for the purpose of limiting the number of African-Americans who could be promoted tot he rank of Police Sergeant and increasing the likelihood that Latinos would receive such promotions.”

Minutes from the July 14 meeting reflect that board members did discuss the matter of race in the promotions list: “Commissioner Jim Segaloff expressed his concern that this exam resulted in no Hispanics passing. Commissioner Massaro expressed that she was uncomfortable with the fact that no Hispanics passed the exam.”

Commissioner Jim Segaloff, the chair of the board, did not return calls for comment. Click here to read minutes from the July 14 meeting.

According to the minutes, Attorney Bolden said at the meeting that there was “insufficient evidence of disparate impact” of the test on Latino test takers.

The board approved the list unanimously, then took a second vote to determine its expiration date. The board voted unanimously to set the list to expire in one year, according to the minutes.

“The Board expressly agreed that the list would be allowed to expire after only one year solely for the purpose of limiting the number of African-Americans who could be promoted to the rank of Police Sergeant and increasing the likelihood that Latinos would receive such promotions,” Williams wrote in his complaint.

He acknowledged that the minutes of the July 14, 2009 Civil Service Board meeting do not mention African-Americans, only Latinos. “People were there” in the room and know the complete version of what was said, Williams said.

Before 2009, the police department’s promotion-eligibility lists had always been “effective for a total period of two years, computed in one-year increments,” the complaint states. “It’s not codified, but it has been the unvarying practice,” Williams said.

After one year, on July 14, 2010, the promotions eligibility list expired. By that point, 12 officers—white and black—had been promoted off of it. But the 10 black cops now suing the city were not among them.

On July 13, 2010, one day before the list was to expire, Officer Bruce Bonner, now the lead plaintiff on the current lawsuit, showed up at a meeting of the Board of Police Commissioners to inquire whether the sergeants promotions list was to be “automatically continued,” according to minutes from that meeting. The commission said it would refer the question to then-Chief Frank Limon. He was not at the meeting, but in New Orleans at a conference, according to the minutes. Click here to read the minutes from the meeting.

Contacted this week, commission Chair Rick Epstein said he could not recall what came of that referral. “I don’t have a recollection as we sit here.”

Unlike in the Ricci case, the Civil Service Board did not throw out the test results completely. Instead the board members made a “Solomonic decision” to try to split the difference between tossing them and keeping them for the standard two years: they kept them for only one year.

“What they tried to do is be cute about it,” Williams said.

“They thought that was the way they could get around Ricci,” Williams said. The board “deviated from standard practice” on the basis of race, which has been shown by the Ricci case to be a violation of the law, he said.

Williams said his clients are “very upset” by the board’s actions, “as anybody would be.”

“We live in a meritocracy,” he said. Whenever someone is denied something on the basis of skin color, “it drives you crazy.”

Williams said he’s “very confident” that his case will be successful, especially after the Ricci decision.

“I find it very difficult to differentiate this case from the Ricci case.”

Comments

posted by: Curious on January 4, 2012 2:08pm

There’s a second element of possible claims of racism here: if the black officers are denied the same judgment that the white officers in the Ricci case received, there will be questions.

posted by: streever on January 4, 2012 3:21pm

MAN.

What a surprise!

Too bad our Mayor made the original decision in a non-transparent manner, leading to rumors and speculation that this was done to appease Reverend Kimber for personal political gain—rumors so persistent that they were entered into the record when this was debated by the Supreme Court.

Now we may get double sued! Who saw this coming?

posted by: ozzie on January 4, 2012 3:42pm

From what i see here is a frivolous lawsuit by people trying to get money out of the City . When you look at the list you see that 9 out of the first 12 people were promoted, and then no one else was promoted from the list . # 4 Reynolds ( B/M ) retired before the list came out. # 2 and 11 were stepped over for reasons we won’t get into.
Out of the 9 people that were promoted #‘s 1,6,8, and 10 were black males and #5 was a black female. All of the plaintiffs are grouped from # 13 thru # 32. I can’t see how people who were not stepped over could complain . When the City used the 1 in 3 rule to promote people they would skip over whole groups of people so they could get to a person that was politically connected . Now they go right down the list, unless they are justified in not promoting that person !!!!!!!

posted by: Noteworthy on January 4, 2012 5:07pm

Here we go again with yet another lawsuit rooted and nurtured in the “experience” of John DeStefano.

And all the connected people - keep leading us down the slope of sloppy government, lawsuits and huge settlements; and let’s face it, just stupid decisions by people who listen best while talking in the mirror.

Segaloff, a BFF of John is also an attorney and should have known better.

Given the track record of Roberts and Nuzzo and partner Nicole Chomiak in the Ricci case and the TCI/HANH case, I would suggest we just settle right now, this week before the damages get into the millions. And for our sake, why does City Hall keep handing off these high dollar cases to the same people who keep losing them, or are likely to be lose them?

By the way, DeStefano et al knew this was coming. He was asked about it during the campaign and he demurred saying the city is sued all the time. Yes it is mayor, when you repeatedly, endlessly mismanage our employees.

posted by: insider093 on January 4, 2012 6:28pm

Six of the top promoted were black. All the names listed here had officers that scored higher but were not promoted.. Also out of all (10) the names not ONE is qualified to be a Sergeant. If they also included in the Sergeant test officers accomplishments NOT ONE HAD DONE ANYTHING to prove they are qualified. Some of the sergeants that were promoted also were not qualified. The number TWO ranking Officer DeLeo was not promoted… Besides not many Latino officers took the test. The New Haven 10 were not qualified and if other people on the list was promoted sadly to say it would have been majority of whites and three blacks not part of the New Haven 10. ... some of these New Haven 10 officers had a bad history of on the job problems. Just take the test again cant say its the scores its your personnel file!!!

posted by: Sosueme on January 4, 2012 9:09pm

May I mention one more time,hoping it might stick? Hispanic is NOT a race, it is an ethnicity.

John Williams, oh boy, these guys are doomed if they have to go barrel-scraping from out of the last century. On the other hand, I resent paying my tax dollars to Nuzzo & Roberts since they are certified losers - isn’t that why we have a Corporation Counsel? In a city where the Superintendent of Schools hires someone to be in charge of the curriculum, part of the Superintendent’s job, I guess it isn’t too surprising.

posted by: Curious on January 4, 2012 9:18pm

Ozzy and Insider, the problem is that b/c of Ricci, there is now a precedent for this type of action.

Noteworthy, why does the city even need to hire counsel? Isn’t there a city atorney?

posted by: Native New Haven on January 5, 2012 1:04am

@Insider093 Fact check. Unfortunately, you do not get to decide who should and should not get promoted. Insider093, you are a part of what “network?” If the officers past the test, regardless of their race/ethnicity, then that is the criterion. Adding personnel files? Seriously? Then let us pull every supervisor’s personnel file (prior to their promotions) since the department’s conception and get it all out. Let’s pull yours as (official and non-official) well even the ones not filed or did your “network” help you out?

posted by: ozzie on January 5, 2012 10:45am

So because the City made the expiration date of the test 1year instead of 2 gives people the right to sue ? . I could see if after the expiration date of the test the City went and held a new test. Then I would say they have a case. Maybe at the time the City said they did not need anymore Sergeants and did not want to deplete the Patrol and Detective Divisions any more then what they were.
Also I think a persons personnel file has to come into play. If a person is constantly abusing sick time or always off injured , or has sex in a substation or gives a family member a gun to commit a murder and has numerous civilian complaints against him or her they should be stepped over. The problem is everybody is sue happy , Attorney Williams would try to sue God if he could for putting horns on a bull that don’t make any noise.

posted by: when will it stop on January 5, 2012 11:28am

When commission members are sworn in do they take an oath to uphold the laws of the city, state, and constitution?
They seem to have a stronger sense of loyalty to the mayor than the rule of law.
Every time the mayor plays the part of judge,jury and god the taxpaying citizens of New Haven get stuck paying for his actions.

posted by: streever on January 5, 2012 11:35am

Folks,
this challenge exists and is made possible by institutional and structural racism.

While you may disagree with the relevancy of this to this PRECISE lawsuit, the statistical reality is that standardized testing does have a racial bias, has been found to be racially biased in our court system, and is widely recognized by sociologists as inherently racist.

Compare the textbooks and class sizes at Hillhouse ( a school with significant socio-economic disadvantages ) to the textbooks at a high school in Orange ( a school which has significant socio-economic advantages ).

Next, compare the population diversity at the two schools you’ve selected, and you’ll find that Hillhouse is overwhelmingly black and Orange is overwhelmingly white.

The white students at Orange have a better education—smaller class room sizes, better access to current testing methodology, and better access to textbooks.

In addition, the students in Orange have more reliable/easier transportation to and from school and are less likely to need to work in addition to going to school, giving them more time to study and prepare and focus on testing and academics.

This is the argument for why—in general—black test-takers are going to have a harder time than white. Due to the system of privilege and benefit that white people are born into and enjoy, we have an easier life, and are better prepared for this type of academic work.

As a result of this unfair advantage, born out of hundreds of years of economic advantage, we should not consider standardized testing when considering people for jobs.

Again—this is the argument. I personally support it, and believe that it does apply to enough people to be relevant, although it may not hold true in this particular case—a court will determine that.

I already can see the rebuttals accusing me of racism, the anecdotes about how hard your life (as a white person) was, and the favorite racist canard, “Did you see that movie with Will Smith? Anyone can succeed in America!”, so let’s just say for the record that of course there are outliers and people who perform exceptionally despite their background.

Outliers don’t disprove a general rule—rather they reinforce it. When the numbers are so clear (economically disadvantaged schools are more likely to have majority black populations while economically advantaged schools are more likely to have majority white populations) it is hard to say that white students don’t grow up with advantages which are racist and give them a competitive edge.

Does that mean that—in this specific case—racism was part of the test? I don’t know, that is for the court to decide. However, because of what I’ve posted above, I believe it is a valid case that should have a court date and should be heard by our judicial branch.

posted by: Willie Williams Jr on January 5, 2012 5:39pm

Here We Go Again: 1. The Civil Service Dept of The City of New Haven Has Never Done What The U.S. Civil Service Says: All Veterans Who Past The Tests: Written and Oral Get A Bonus 10% Above All Others. 2. Why Is Attorney John Williams The ONLY! Layer In New Haven Who Can Read The Civil Rights Law. 2. In 1964 How Many “PortoRicans” In New Haven? According To History and Pictures This Civil Rights Act of 1964 (Pub. Law. 88-352-98 Was Written For Black People, To OutLaw Hanging Black Men In The South. Were They Hanging “PortoRicans” In Porto Rico, There Land and Country.

posted by: insider093 on January 7, 2012 8:47pm

Native.. i’m sorry but i don’t think i put in for a promotion and if i did i would want my personnel file to come into play because I KNOW it will put me forward before all of these officers who did test but I rather stay where I am and perform for the community and not supervise.
I never did say I decided promotions but I think all files, conduct, commendations and the test should be considered for promotions. Maybe you don’t agree but peoples merits should help them advance. Nice comment Ozzie at least someone agreed because i didn’t want to get more detailed.
i just hope before this was filed a list of how many latino’s who took the test was generated.

posted by: lkulmann on January 8, 2012 6:07pm

3 comments…
A discrimination lawsuit is NEVER frivolous.
We all belong to the Human Race.
As far as Attorneys, I’d rather have an established, successful lawyer than a novice…

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