Melissa Bailey, Paul Bass File Photos
Cop plaintiffs James Evarts, Bill Hoffman, Daniela Rodriguez, Stephan Torquati, and Marco Francia.
As city cops prepare to take promotional tests next month, a growing group of cops is suing over results of the last exam — and may file an injunction to block future promotions.
The “New Haven 10” has swelled to the “New Haven 18.” That’s how many city cops are suing the city in two separate lawsuits over the way the Civil Service Commission handled the results of the 2009 sergeants promotions exam.
The two suits bear a close resemblance to Ricci v. DeStefano, the infamous lawsuit brought by a mostly-white group of 20 New Haven firefighters (dubbed the “New Haven 20”) who sued after the city threw out the results of a 2003 promotions exam on which African-Americans had not scored well. That case went all the way to the U.S. Supreme Court and back, resulting in millions of dollars in damages the city had to pay.
In the current cases, the city didn’t throw out the results of the 2009 police promotions exam. Civil service commissioners voted instead to approve the list for only one year, rather than two, as had been the previous custom. Two lawsuits contend that commissioners did so because of a concern that not enough Latino cops scored well on the exams.
In December 2011, 10 cops sued the city in state court over the commissioners’ decision to validate the list for only one year. In May, eight more cops filed a separate federal case against the city.
Both suits make the same argument: The city avoided promoting cops based on their race, thereby violating the cops’ rights.
As the suits make their way through federal and state courts, the police department is gearing up for a new round of sergeants’ exams, to take place between Oct. 9 and 12. They will be the first exams since the controversial testing in 2009 that touched off the lawsuits. The city expects about 100 cops to take the exam, according to city spokeswoman Elizabeth Benton.
Thomas MacMillan Photo
Attorney John Williams (pictured), who represents all 18 cops in both suits, said his clients will be watching the test results and civil service commissioners’ response closely, and may file for an injunction to stop promotions if it looks like history is repeating itself.
“The lawsuits regarding the 2009 Police Sergeant’s exam are pending in court and will be responded to accordingly,” said city Corporation Counsel Victor Bolden. “There is no reason to comment now on some legal action that might be taken regarding an examination that has not yet been administered.”
John Cirello, a member of the Civil Service Commission, declined to comment on the cases or their bearing on the upcoming exams. Daniel Del Prete, the commission chair, could not be reached for comment.
The cops listed as plaintiffs in the state court case, filed in December 2011, 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.
Click here to read a story about that case. Click here to read the complaint. Jury selection is scheduled for Oct. 22.
The cops listed as plaintiffs in the federal court case, filed on May 7, are: Mark O’Neill, Monique Cain, James Evarts, Marco Francia, William Hoffman, Daniela Rodriguez, Eric Scott, and Stephan Torquati.
The city has contracted Cheshire law firm Nuzzo & Roberts to defend both cases.
Williams said the first case was filed in state court because the officers involved had filed a complaint with the state Commission on Human Rights and Opportunities (CHRO), clearing the way for a state suit. The second group of plaintiffs didn’t file a CHRO complaint within the required six-month window. The only recourse for those cops was a federal suit, based on an alleged violation of their rights under the Equal Protection Clause of the 14th Amendment.
In the federal complaint (click here to read it), Williams writes that all the listed plaintiffs took and passed the sergeants’ exam in April 2009, earning eight of the 33 spots on the promotions list. (Click here to see the list.) On July 14, 2009, according to the complaint, the Civil Service Commission approved the list.
“At that time, however, members of the Board explicitly stated that they were troubled by the fact that none of the persons on the list was Hispanic,” the complaint states. “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 non-Hispanic officers who could be promoted to the rank of Police Sergeants and increasing the likelihood that Hispanic officers would receive such promotions.
A year later, the Civil Service Commission allowed the promotions list to expire, rather than extending it a second year, as had been standard practice previously, according to Williams.
In a response to the complaint (click here to read it), filed on June 29, Nuzzo and Roberts attorney Nicole Chomiak denies the charges. She denies that commissioners stated they were troubled by the lack of Hispanics on the list. “However it is admitted that the Board discussed the implications surrounding the fact that no Hispanics passed the exam. … it is admitted that the Board certified the list for one year; however, it is denied that the purpose was to limit the number of non-Hispanic officers who could be promoted, or to increase the likelihood that Hispanic officers would receive promotions.”
Minutes from the July 14, 2009, meeting state that, “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.”
At the time of the list’s expiration, July 14, 2010, 12 cops had been promoted to sergeant off of the list. No sergeant promotions have happened since, according to Rob Smuts, the city’s Chief Administrative Officer.
Attorney Williams said he and his clients will be considering filing an injunction to stop promotions after the test, “if the new tests result in my client getting the short end of the stick.”
“All options will be open,” Williams said. He said an injunction may be the best option if the test results in “reduced remedies” for my clients — if the test results mean that his clients will have a harder time winning the sergeant ranks they feel they’re entitled to.
If the tests again result in only a small number of Latinos earning spots on the list, “then I’ll be very interested to see the city’s reaction to that,” Williams said.