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NYPD PROMOTES CHEATING

City plans to promote sergeants who passed NYPD exam marred by cheating

NEW YORK DAILY NEWS
Thursday, April 21, 2016, 1:49 PM

The NYPD plans to lift a freeze on promotions to lieutenant after evidence of widespread cheating surfaced on a police exam.

Gary Hershorn/Reuters/REUTERS

The NYPD plans to lift a freeze on promotions to lieutenant after evidence of widespread cheating surfaced on a police exam.

Cheaters can prosper in the NYPD.

The city intends to promote sergeants who passed the 2015 lieutenants’ exam by early June — though the test’s results have been marred by evidence of widespread cheating, new documents in Manhattan Federal Court show.

Randolph McLaughlin, the attorney for nine sergeants who took the exam and sued the city after evidence of the cheating surfaced, filed papers in Manhattan Federal Court asking a judge to prevent the NYPD from promoting the sergeants until a hearing can be held on the issue.

“My clients are not claiming they have a right to be promoted. They have a right to a fair test,” McLaughlin said.

“We want a mini-trial to expose the cheating that went on and to expose how incompetent (the Department of Citywide Administrative Services) was in the administration of this exam.”

NYC PAPERS OUT. Social media use restricted to low res file max 184 x 128 pixels and 72 dpi

Richard Harbus/(Richard Harbus/for New York Daily News

Attorney Randolph McLaughlin is seeking a judge order the promotions remain on hold.

Of the over 2,400 sergeants who took the exam, 6.8% passed the initial exam and 48% passed the makeup — administered two months later.

The notice from the city regarding the upcoming promotions does not specify if sergeants who passed the makeup exam will be promoted. Last month, Police Commissioner Bill Bratton froze promotions to lieutenant as the NYPD's Internal Affairs investigated the scandal. A police spokesman did not immediately respond to questions regarding the status of that inquiry.

The lawsuit revolved around comments posted on the Rising Star message board in between the initial exam and the makeup showing test-takers discussed questions. One person even posted an answer key.

The Daily News then uncovered evidence of similar cheating on the 2011 lieutenants’ exam.

In separate documents the city seeks to have a judge toss the nine sergeants’ suit on grounds they didn’t pass the test, so don’t have grounds to sue.

“Their failure to pass (the exam) is completely independent from the legal requirements of the city to ensure the competitiveness of the civil service exams,” city attorney Theresa D’Andrea writes. “Plaintiffs cannot use the court to further their own purposes of having (the exam) and the eligible list invalidated.”

McLaughlin, of the firm Newman Ferrara, said he planned to file an amended lawsuit adding charges related to the exam itself being unfair. He said an official notice about what topics would be on the exam didn’t include subject matter that ended up on the test.

“Unfair questions should be stricken and re-graded,” he said.

A police source agreed that the test stunk.

“The problem is selection of test writers,” the source said. “Most of the writers are (police) outcasts.”

Since filing the suit in March, the nine sergeants have been slammed online by their brothers in blue.

Some sergeants smeared the plaintiffs as “The Slimey 9.”

"These clowns are willing to lie and fabricate stories because they are envious, jealous and evil individuals. They have no integrity and don't belong on this job," one commenter wrote about the nine sergeants.

Some of the 164 sergeants who passed the initial exam are furious, saying they’ve been screwed out of a promotion despite passing the test fair and square.

“Not fair that the original people who passed have to go through this ordeal," wrote user Prop26.

Ed Mullins, head of the Sergeants Benevolent Association, previously told The News the only acceptable solution to the scandal is to promote everyone who passed the exam — unless evidence of specific individuals cheating surfaces.

“How are we going to sit here and accuse people of cheating unless you can say beyond a doubt they cheated?” he said.

“Unless you can prove it, I think you have no choice other than to promote ... Unfortunately, the people of New York City may not be getting the best and brightest. If that’s the truth, that’s terrible.”

sbrown@nydailynews.com

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