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Kelly v. City of New Haven9/27/2005
he nearest whole number and those with a decimal component of 0.50 and higher are rounded up. Thus, computer generated scores of 89.51 and 90.49 both would become 90 percent. Scores below the seventieth percentile are not rounded up, however, to reach the passing grade.
After the personnel director rounds the scores, she creates an eligibility list by placing those candidates with tie scores into score groups. Thus, the defendants consider all of the candidates equally within the top three score groups created by rounding, rather than the top three individuals, for each promotion vacancy.
The following additional facts relate to the Burns case, the third action filed, but in substance are typical of all three cases. Between January and February, 2003, Beckwith and Burns sat for and passed the examination for promotion to detective and were certified on Eligible List 03-02. Beckwith's raw score was 82.08, and Burns' raw score was 82.83. Before the scores were rounded, of the fifty-six people who passed the examination, Burns had the eleventh highest score, Beckwith had the fourteenth highest score, and the only pair of candidates with tie scores had the thirty-fourth highest score. After the city rounded the scores, there were fourteen groups of tie scores; Beckwith was in the seventh score group with four other candidates, and Burns was alone in the sixth score group.
In the first round of promotions from this list, the defendant members of the board of police commissioners, on the recommendation of Wearing, promoted thirteen candidates from Eligible List 03-02. All ten candidates from score groups one through five were promoted. Also promoted were one of the four candidates from group seven and two of the four candidates in group eight. Burns, in group six, and Beckwith, in group seven, were among the six passed over by the intended promotions. Thus, candidates whose raw scores would have ranked them at positions twelve, sixteen and nineteen were promoted over Burns at position eleven and Beckwith at position fourteen.
Thereafter, Beckwith and Burns brought their action alleging, inter alia, that the methodology applied to Eligible List 03-02 violated the charter, as well as the civil service rules. They alleged that the defendants were altering examination scores "for the purpose of creating large groups of identically ranked individuals in order to undermine and subvert the ule of hree as well as the mandate in the harter that promotions be made according to merit, free of considerations of race and political favoritism." Essentially, they contended that the defendants were required to promote from among the top three scoring candidates, according to their raw score, rather than from among three scoring groups artificially created so as to increase the defendants' discretion. They requested that the trial court enjoin the promotion of candidates listed below Beckwith's position of fourteen on the eligibility list until the promotion of at least one of the candidates whose unrounded score placed him or her above Beckwith in the eleventh or thirteenth position.
Following a hearing, on May 9, 2003, the trial court, Munro, J., temporarily enjoined the promotion of the candidates who were listed sixteenth and nineteenth on Eligible List 03-02. Thereafter, the trial court scheduled a consolidated hearing on the plaintiffs' claims for declaratory and permanent injunctive relief in all three of the cases presently before this court.
On August 26, 2003, Burns withdrew as a plaintiff in the Burns case, leaving Beckwith as its sole plaintiff, and on September 18, 2003, Beckwith filed a second amended verified complaint. In the first count, brought
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