Judge blocks city's try to end hiring bias suit

04/11/2006

Judge blocks city’s try to end hiring bias suit

William Kaempffer , Register Staff

NEW HAVEN — A Superior Court judge Monday rejected the city’s effort to have a lawsuit against it dismissed, then sharply admonished it as having a history of ignoring judicial decisions against it. Judge Jon Blue denied the motion to throw out the suit, which argues that the city administration illegally dilutes its competitive hiring laws in the police and fire departments to ensure the politically connected — and not necessarily the most qualified — get jobs.

After its effort to have the suit dismissed failed, the city Monday assented to a court injunction barring the questioned practice, which city attorneys say already has been discontinued.

However, Blue also made clear his displeasure with the city’s track record of obeying judges’ opinions.

"There’s obviously a long history here. The city of New Haven has been less than punctilious in the past years in following the very, very clear (decisions) of the Superior Court and not just yours truly," the judge said. "A number of judges have written very clear opinions and found those opinions sinking to the bottom of the Long Island Sound."

The reference was, at least in part, to a 2001 opinion by Blue in a lawsuit making a nearly identical claim. Ruling on a motion in that case, Blue described the city’s hiring practice for police officers and firefighters as "blatant lawlessness."

That suit, filed by an unsuccessful applicant in the fire department, ultimately was withdrawn. The city continued with the hiring practice that Blue assailed, maintaining the judge’s opinion was not binding because no final ruling came in the case.

Blue also is the presiding judge in the current lawsuit, filed by Naugatuck resident Matthew Hurley who applied for a job in the fire department in 2004 and wasn’t hired. He was seeking an injunction halting the practice and prospective relief.

The key issue is the city’s longstanding practice of conducting pass/fail exams for entry level positions in the two departments. The city charter mandates competitive testing in most city positions in which eligibility lists are compiled and candidates with the highest scores are hired or promoted.

However, there is an exemption for "substitute firefighters" and "supernumerary police officers," which is how the city hires new employees in the police and fire department. Exams are conducted and all candidates with scores of 70 or better are equally weighted.

Hurley’s attorney, Karen Torre, maintains those positions don’t really exist and that the city used them to circumvent the charter.

City officials, however, described it as a longstanding practice that dates back decades. Last month, Corporation Counsel Thomas W. Ude Jr. advised that the city discontinue method. With the pass/fail practice mothballed, city attorneys argued the lawsuit would be just a waste of judicial resources.

Blue disagreed and the city assented to an injunction, although the details have to be worked out.