Fire Department sure to be sued over exams

Fire Department sure to be sued over exams

William Kaempffer , Register Staff

02/06/2004

NEW HAVEN — A prominent black minister Thursday warned a city commission against being the "judge and jury" of whether two Fire Department promotional tests should be thrown out because too few minorities scored well.

During a public hearing, the Rev. Boise Kimber, who also serves as a fire commissioner, cautioned the Civil Service Commission.

"I look at this panel," he said. "Three whites. One Hispanic. No blacks. I would hope that you would not put yourself in this position."

The latest controversy over Fire Department promotions drew dozens of firefighters, politicians and civil rights advocates to the public meeting.

"You're telling me because we have four white faces that we cannot make a decision?" commission member Francine Caplan asked, incredulously.

The Civil Service Commission has been charged with deciding whether to accept results from tests for fire captain and lieutenant. City officials are concerned because no black and, at most, two Hispanic firefighters would be in line for promotion.

The local branch of the NAACP has already pledged to investigate the situation and chapter President Scot X. Esdaile said he had "grave concerns" about certifying tests that would result in no promotions of blacks.

A group of 11 mostly white firefighters have already hired an attorney to fight any efforts to throw out the tests.

"If you discard these results, you will be sued," said attorney Karen Lee Torre. "For those who scored high … you are about to consider a provocative act that would deny them their due."

But representatives from the International Association of Black Professional Fire Fighters said the city could find itself in the same position if it doesn't throw out the tests.

Donald Day, a retired Bridgeport firefighter, said the tests were "inherently unfair." He pointed to previous tests in the city in which blacks scored much better.

"Either the blacks and Latinos on the New Haven Fire Department got a lot dumber or the whites got a lot smarter," Day said.

The fire union has been careful not to take a position on the controversy, which affects members of all colors.

Firefighter Patrick Egan, the president of the fire union, asked that the city hire a third party to conduct a validation study to determine whether the test was fair.

City Corporation Counsel Thomas Ude dismissed accusations that the controversy was sparked by political pandering, calling the city's position "principles over politics."

"My parents raised me, and my life experience has confirmed, that no racial or ethnic group, nor either gender, has cornered the market on intelligence, talent and ability," he said.

Ude has said it would be "insane" to use the test.

The Fire Department has a history of promotional controversies. In the early 1990s, a Superior Court Judge ordered a group of white firefighters demoted after a lawsuit filed by a group of minority firefighters.

Fire Lt. John Ryan was among them.

"I really feel we've made such great strides," said Ryan, a 25-year veteran who wants the tests approved. "I have never seen race relations better on this job. We went through this before and it's not pleasant."