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Kelly v. City of New Haven9/27/2005
| 1
| 88.49
| 4
| 88
| 2
| 87.62
| 5
| 88
| 2
| 87.51
| 6
| 88
| 2
| 85.41
| 7
| 85
| 3
| 85.41
| 7
| 85
| 3
| 84.61
| 8
| 85
| 3
| 82.77
| 9
| 83
| 4
| 82.61
| 10
| 83
| 4
| 82.52
| 11
| 83
| 4
|
Under the methodology previously employed by the city, applying the rule of three to the raw scores, A, B, C and D would have been eligible for promotion. If C was chosen, A, B and D would be eligible for the next promotion. If D was chosen for the second promotion, consideration for the third promotion would be limited to A, B and E. Under the methodology presently at issue, candidates such as D and E, whose raw scores were only 0.02 apart, are in separate score groups. The defendants then would consider the ten candidates listed in the first three score groups for promotion and could choose to promote H, I and J with scores of 85 over seven candidates with scores of 89 or 88. If H, I and J are promoted, thus eliminating score group three, the city could promote K, L or M in score group four, who have rounded scores of 83, while passing over seven candidates in score groups one and two with respective scores of 89 and 88.
The parties presented the following testimony to the trial court on the merits of using rounding and the effect of employing score groups in testing. The defendants offered testimony by two city officials and an outside consultant to demonstrate that rounding is an accepted practice to account for standard measure of error in testing. These witnesses indicated, however, that they had no personal knowledge as to the basis for the city's decision to employ the practice of rounding, and the two city officials indicated that there was no record of a vote by the civil service board or board of aldermen to change to rounding scores. The plaintiffs offered testimony by Patrick Egan, the president of the firefighters' union, as to the city's methodology in applying the rule of three to fire department promotions. Although the same charter and rules apply to the police department and the fire department, Egan testified that the city also rounds fire department examination scores, but applies the rule of three differently. Under the fire department's methodology, ties are broken by referring to seniority and, thus, if score groups exist, the city applies the rule of three to the three individuals with the highest ranking, according to seniority, within a score group. Moreover, in the fire department, unlike the police department, an entire score group is not passed over in order to promote a candidate in a lower score group.
On the basis of this evidence, the trial court, Pittman, J., found that the defendants' purpose in adopting the practice of rounding was to create artificial tie scores to increase their discretion. In so finding, the court specifically noted that it did "not credit the evidence of the ity that, in the administration of competitive examinations for civil service purposes, rounding of multiple decimal point scores to the nearest whole number is justified as either an administrative convenience or as a valid way to eliminat
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