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Topic: Was there test bias in the Police Sgt.'s test?

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untanglingwebs
El Supremo

The Flint Police recently gave a promotional test for Sgt. and only about 20% of those taking the test passed. Some of those who failed had taken the test before and passed, but the eligibility list was closed years ago.

Nearly 50 candidates took the test and yet only 9 passed. There are some who are suspicious of the results as many of Lock's supposedly favorite officers were among those who passed. It is obvious this was a flawed process as material on the test was not the same material the officers were told to study. In order to have transparency, the candidates should have known in advance what to study.

I remember Deidre Pitts coming to council to allocate funds in order to purchase standized tests that she and the police department felt were reliable and were free of any inadvertant adverse impact. I agree with opponents of this test that there is a serious lack of transparency and obviously a great deal of test bias.

Yes a community can have a standarized test that reflects the ordinances of the community in which the test is given. But ALL test takers need to know that this component is part of the test.

I understand this was also to be the first time the Sgts test was to include an oral component. The department needs enough Sgts to replace those that have retired and I understand this 9 just won't cut it.

The charater of an officer is also a valid consideration in the process. Petrich passed and he was the subject of two excessive force cases the city paid out on. He is also the officer that said he would ride to Hell with lock if Lock asked him to. And he is the officer that bashed Rev. Flynn when Flynn held his one-man protest.
Post Wed Jun 27, 2012 7:49 pm 
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untanglingwebs
El Supremo

It is a bonus that the June 2012 edition of Police Chief magazine addressed the perils involved in creating an unfair test. Here is a portion of that edition




Chief's Counsel

A Comprehensive Approach to Eliminating Adverse Impact in Public Safety Promotional Exams

By Cassi L. Fields, PhD, Fields Consulting Group Inc., McLean, Virginia; and Karen J. Kruger, Esq., Funk & Bolton, P.A., Counsel, Maryland Chiefs of Police Association, Board Member of the IACP Legal Officers’ Section

.

The U.S. Supreme Court issued a decision in May 2010 holding that the city of Chicago is liable under Title VII for the adoption of a testing process that had a disparate impact on African Americans applying for firefighter positions and also for the application of that process when it selected applicants from the list generated by that flawed test some years later.1 The Court decided that during the entire life of an eligibility list and one year after the list’s expiration, any candidate may sue for discrimination if each hire causes or exacerbates adverse impact. In the past, this was not the case because, when an eligibility list was initially published, it was reviewed at that time for adverse impact and potential adverse impact. Now, plaintiffs can evaluate the list after its expiration to determine how it might have ultimately impacted those who might claim discrimination.

In January 2010, the Equal Employment Opportunity Commission filed a complaint in the U.S. District Court for the District of New Jersey on behalf of candidates in the New Jersey Civil Service Commission who were seeking promotion to the rank of sergeant through the Police Sergeant exam. The complaint alleges that the state’s pass/fail testing process had a negative, disparate impact on African Americans and applicants of Hispanic origin.2

In Ricci v. DeStefano,3 another case involving firefighters, the city of New Haven, Connecticut, was found to have violated Title VII when it rejected successful promotional test results achieved by nonminorities in favor of minorities, in its effort to avoid a disparate impact against those minorities. Essentially then, a jurisdiction cannot discard an eligibility list solely because it does not produce a diverse group of candidates. Similarly, the city of Milwaukee in 2007 was found to have engaged in unlawful discrimination for using promotional practices that favored women and minorities in promotions from police lieutenant to captain.4

These cases could leave law enforcement managers with the sense that they are in no-win positions when it comes to avoiding liability under Title VII with regard to promotional testing. But there could be a solution.
Post Wed Jun 27, 2012 7:52 pm 
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untanglingwebs
El Supremo

The Police Chief article also discussed methods to improve the transparency of the process while producing a test that identifies qualified candidates. The article discussed practice tests and participant feedback.

From the feedback I have received, this was not a consideration as many who took the test stated the test did not always reflect what they were told to study.

I would hope the union would take some kind of action, although I understand recent actions of the administration have demoralized the officers.

In my opinion this is an unfair labor practice. I understand some of the higher ups in the Police Department are trying to come to a resolution, but I am skeptical that this solution will satisfy all of the potential candidates. Are more lawsuits on our horizon?


Last edited by untanglingwebs on Thu Jun 28, 2012 7:36 am; edited 1 time in total
Post Wed Jun 27, 2012 8:04 pm 
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untanglingwebs
El Supremo

Here is the link to the June 2012 Police Chief magazine:


A Comprehensive Approach to Eliminating Adverse Impact in ...

www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&arti...

The Police Chief, the Professional Voice of Law Enforcement ... of a testing process that had a disparate impact on African Americans applying for ... who were seeking promotion to the rank of sergeant through the Police Sergeantexam. ... in favor of minorities, in its effort to avoid a disparate impact against those minorities.
Post Wed Jun 27, 2012 8:08 pm 
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untanglingwebs
El Supremo

AOL jobs

Black Police Officers Sue Boston For Discrimination

By Claire Gordon , Posted Feb 15th 2012 @ 1:39PM


There is something strange about the Boston Police Department. The city is about 24 percent black, according to the 2010 census, but of the 51 lieutenants on the force, just two are black men. Of 23 captains, the only black man retired yesterday.

In 2008, dozens of police officers filed a federal lawsuit claiming that the state exam used to promote officers to sergeant was discriminatory. On Tuesday, nine black Boston police supervisors filed another federal lawsuit claiming that the city's lieutenant examination was discriminatory too.

Boston police officers are promoted to sergeant or lieutenant based mostly on the results of a written exam, prepared by the state Human Resources Division. Blacks and Hispanics consistently perform more poorly on the test.

"Virtually all big cities in the United States use these multi-component assessment centers," Harold Lichten, the lawyer for the officers, told AOL Jobs, referring to a more modern type of examination that involves interviews and simulations. "And Boston is using a 100-question pen and paper memory test from the '20s. It's literally like riding a Studebaker."

The racial gap in test scores is a controversial topic that reaches far beyond Boston police officer promotions. According to The College Board's 2005 data, the mean SAT score for whites was 17 percent higher than that for blacks. Whites from families with incomes below $10,000 had a mean score 61 points higher than blacks whose families earned between $80,000 and $100,000.

Because public schools in predominately black neighborhoods are underfunded compared to majority white schools, some claim that black students have not received the same training in this kind of multiple choice test-taking. The stereotype of blacks and Hispanics as bad test-takers may also be a self-fulfilling prophesy, in a phenomenon that Stanford psychology professor Claude Steele dubbed "stereotype vulnerability."

Whatever the reason, Lichten believes the outcomes speak for themselv
es. "The impetus for this [complaint] is the striking, shocking lack of minority police lieutenants," he told The Boston Globe. "The statistics are just horrible."

Boston stopped issuing any promotion exams after 2008, as it waits for the judge for the first lawsuit to reach his decision. All further promotions have been based on results from that year. None of the 23 officers promoted to lieutenant in the city since then have been minority, according to Lichten.

Under federal law, employers can't use a testing system that disproportionately affects a minority adversely, unless it truly predicts job performance. Critics of the civil service exam say it fails to evaluate candidates on qualities that actually make for a good police department leader.

"The Army would never promote people using pen and paper tests when you're looking for people who can lead in battle," Lichten told the Globe. "Well, lieutenants lead in battle. "

In August last year, the U.S. Department of Justice declared the New Jersey police sergeant promotion test discriminatory. The state was required to pay $1 million in back pay to black and Hispanic officers, who were considered harmed by the system.

In court, Boston officials have defended the civil service exam. "The test is a valid selection instrument," said Bill Sinnott, corporation counsel for the city of Boston. "By valid, we mean that the exam adequately tests the candidate's knowledge, skills and abilities in order to perform the functions of the position."

But Commissioner Edward F. Davis has stated that he would prefer a more holistic exam that moves way beyond a multiple-choice test. He formed a diversity council to dream up a solid alternative, but the group apparently hasn't met for four months.

"I think the city would like to change the exam," says Lichten, "but it would create a lot of ruffled feathers to change a system that's been around for 50, 60 years."

"We have a mayor who's been here for 20 years, and has a tendency to not have city agencies reflect the city's diversity," Larry Ellison, president of the Massachusetts Association of Minority Law Enforcement Officers and a Boston detective, told AOL Jobs. Boston, he points out, has never had a black Police Commissioner.

Lichten thinks officials are just waiting for an order to be handed down from a federal judge. "I think the Commissioner and other officials are actually rooting for us to win," he says.
Post Thu Jun 28, 2012 7:46 am 
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untanglingwebs
El Supremo

Does this lack of opportunities for a diverse workforce come from the top of our state government.

I drive ballenger Highway several times a day. During the recent work on resurfacing this road I continued to look for minorities and women on the job. I thought it happened twice, but one black male was City of flint and the other was the Genesee County Road Commission. UNtil the last two days of the project, there was only white males, many of whom were young.

Under Granholm, I remember that the Lois Kay corp. had a diverse workforce working on Corunna Road. This firm continues to have the only diversity I saw on the ballenger Road project. Lois Kay had up to two females and at least one black construction worker on the crew. The Robert White crew that did the curbs etc had no women and no minorities. Is this a sign of the times?
Post Thu Jun 28, 2012 7:55 am 
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Dave Starr
F L I N T O I D

Sergeant's exam - Transparency and fairness in Flint? Surely you jest.

Hiring minorities & women - To be completely fair, ALL hiring and promotion should be based on gender and national origin of ancestors, with percentages based on the latest census. If, for example, 9% of the population is of Italian descent, then 9% of all hirees must be of Italian descent.

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Post Thu Jun 28, 2012 8:09 am 
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untanglingwebs
El Supremo

08-22-2011, 06:08 PM#1




brlange
Forum Member
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Join Date: Aug 2011Posts: 7




Looking for suggestions/ideas/input on new SGT promotional testing?



Our dept is in the process of developing a new SGT promotional testing system.
Looking for ideas, input and suggestions. Right now our test for SGT consists of a written exam worth 70% and an oral of 30%. You have to have 5 years on before you can test. We will take any suggestions but please be specific and include all bonus points if you get them and for what. Thank You in advance. Also does anyone promote to SGT just solely based on seniority?

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8-22-2011, 07:36 PM#2




dontknowwhy
Forum Member
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Join Date: Jan 2010Location: Georgia


My old dept required 4 years of sworn service, a written test, then an oral board. Then the officers were rack and stacked before the chief pretty much ignored it and picked whoever he and his click wanted.

Based on what I've seen and read about at other departments, I think a good mix is a written test, oral board, and statement on why you should be promoted, plus points for time in service and training hours.




08-23-2011, 10:30 AM#4



KapsFB
Forum Member
--------------------------------------------------------------------------------
Join Date: May 2005Location: Virginia



In addition to the written/oral, we throw in scenarios the candidate must respond to. Nothing too tragic (ie. major terror attack) but an evening of events where the candidate must allocate available resources, make proper decisions/notifications, and generally display an ability to handle the situation.

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08-24-2011, 04:58 PM#6




SRT936
Barefoot Ninja
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Join Date: Dec 2003Location: Wisconsin


We develop our SGT list based on the following criteria: 30 points for the written test, 30 points for the oral board, 20 points for seniority, 10 points for collateral assignments, and 10 points for education.

For the written test, the top scorer gets 30 points. Each other person who passes the test (75 minimum) gets a percentage of points based on their score vs the top score. So if I scored a 100 on the test, I'd get 30 points. If the next guy scored 97 on the test, he'd get 29.1 points. (fractional points are added up then rounded at the ned.) If someone else scored an 85, they'd get 25.5.

For the oral, there are 6 scored areas worth 5 points apiece. As I recall the six areas were general knowledge, scenarios, training, community, presentation, and ethics.

For seniority, the most senior candidate gets 20 points. Each additional candidate gets a percentage of points based on their years of service compared to the most senior candidate. So if the most senior candidate has 18 years on the job, they get 20 points. Another candidate with 9 years of service gets 10 points. If multiple candidates have the same total years, they break the points down by date of seniority. So if two candidates have 18 years on the job, the one hired in January would get 20 points and the one hired in November would get 19.

You get two points for each collateral assignment you are currently active in up to a maximum of 10 points. Applicable collateral assignments include crash reconstruction, canine, evidence tech, special response, dive team, commercial motor carrier enforcement, etc. etc.

You get educational points based on the following formula: 10 points for a doctorate. 8 points for a masters in a criminal justice field, 6 points for any other masters, 4 points for a bachelors in a criminal justice field, 2 points for any other bachelor and 1 point for a law enforcement A.A. You can only claim your highest degree.

Once the list is established, the sheriff can choose any of the top 3 candidates to fill a vacancy. Since seniority was already factored into the list, he does not have to consider seniority amongst the top 3.

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08-25-2011, 12:21 PM#8




SRT936
Barefoot Ninja
--------------------------------------------------------------------------------
Join Date: Dec 2003Location: Wisconsin

Originally Posted by brlange

srt,
do you like this system? or do you think any changes need to be made?
It seems to work pretty good so far. We've discussed weighting the individual collaterals based on their complexity and use. Right now a person who calibrates the PBT's once every couple months gets the same amount of points as canine handler who's out there every night.

We've only promoted one sergeant off this new system so far but it ended up being a person that no-one thought would ever get promoted. He turned out to be the best sergeant we've got. We're about to promote a second sergeant off this list and the top 3 are all excellent candidates.


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09-04-2011, 07:55 PM#9




Adam12
Forum Member
--------------------------------------------------------------------------------
Join Date: Sep 2004Location: Houston,

Testing:

1. Usually a written test on policy/procedures
2. Basic supervisor scenario questions

Review Board:

to keep it fair usually 3 different ranking officer/deputy from a surrounding agency and 1 ranking officer within the department sit in and conduct the review board.

The way the process goes is the written tests are graded and a preliminary list is made by passing grade only. Then the review board. The ranking officers ask their own questions and evaluate the candiate. A final list is made based on a combined evaluation from the testers and the written test. Points are added for experience, certificate level and education. I have heard the point system vary from agency to agency. Just depends how high you want your test scores.

To answer your last question, promotions are usually never given based on seniority. I have seen a lot of bad results from guys who felt they should have been promoted based on seniority. You can promote the guy who has sat on the job for the last 10 years and did enough to get by or you can promote the guy with 5 years experience who busted his @$$ on the job.


Last edited by Adam12; 09-04-2011 at 08:41 PM.
Post Thu Jun 28, 2012 8:16 am 
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untanglingwebs
El Supremo

The rumor is that Lock pretty much wanted to use the "rack em and stack em " method to pick his favorites.

At least Jones refused to agree with an oral board from within the department.
Post Thu Jun 28, 2012 8:19 am 
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untanglingwebs
El Supremo

The responding officers took the witness statements. The follow up belongs to the detectives, which are at least a Sgt., who issue the warrants. The games being played to replace the retiring detectives are responsible for the chaos and grief for the family of this murder victim.





Family of Denzel Webster awaits arrest of suspect responsible for killing

Published: Friday, June 29, 2012, 1:00 PM Updated: Friday, June 29, 2012, 11:33 PM

By David Harris | dharris5@mlive.com

Ryan Garza | MLive.comJerry Webster, left, talks about the frustration of a lack of an arrest in his son Denzel Webster's homicide on May 3 (in picture below) while his other children, Mark Webster and Ciara Webster listen.
FLINT, MI -- The family of an 18-year-old man who was slain on May 3 says they are frustrated with Flint police for not making an arrest in the case even though the family claims the name of the suspect has been given to authorities by two people who survived the shooting.

Denzel Webster was shot to death in the parking lot of an apartment complex on South Averill near Lippincott Boulevard on May 3. Two other people wounded in the shooting suffered non-life threatening injuries

The two surviving victims have identified the shooter to police, said Jerry Webster, who said he has spoken with both victims since his son's slaying.

"It's just frustrating because (police) ain't doing nothing," said Jerry Webster, 64.

Jerry Webster said police and prosecutors have told him that they are working on corroborating witnesses statements.

But that is not enough for the family.

"Every time I see Denzel's picture, it looks like he is telling me 'what are you going to do, dad? What are you going to do?" Jerry Webster said. "He ain't got a voice anymore. He's gone. We are his voice."

Prosecutors said they have no information about the case. Detectives involved in the case did not return phone calls for comment.

Jerry Webster said his son parked at the apartment complex while picking up a friend who lived nearby. A man in a hooded sweatshirt approached the vehicle and started firing, according to Webster. Denzel Webster was struck multiple times and pronounced dead at Hurley Medical Center.

"We just want a little closure," said Denzel Webster's older brother, Mark Webster. "This is not that hard of a case. All they have to do is their research."

Denzel Webster was set to graduate from Northwestern High School, and received a diploma posthumously, his family said. He enjoyed cars, playing basketball and music. He wanted to become an electrical technician, they said.

Webster was among the victims in a string of 14 homicides that have gone without an arrest from the end of March to the beginning of June.

Flint police have obtained warrants or made an arrest in the city's last four homicides this month, including the double homicide from Wednesday.

In all four cases, the suspect turned himself over to police.


Anyone with information on Webster's case, or any other, is asked to call Flint police at 810-237-6801 or CRIMESTOPPERS at 1-800-422-JAIL.
Post Sat Jun 30, 2012 12:00 pm 
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untanglingwebs
El Supremo

I spoke to a retired Flint Police Administrator and he told me that he remembered a Lt. test in which only 20 out of 60 candidates passed. He said they determined the test was flawed and threw the test out. This test that was thrown out had a greater success rate than the recent Sgts. test.

He also said that the Police Chief always received a copy of the test and got final review.
Post Sun Jul 01, 2012 9:14 am 
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