Suit Settled Against Lieut. Test, Paving Way for Promotions

By MARK TOOR

Seven NYPD Sergeants who filed a court challenge to the most recent Lieutenant’s exam settled their suit against the city last week, clearing the way for the department to begin making promotions later this summer.

The settlement did not address the allegations of cheating that arose after fewer than 7 percent of the 2,401 test-takers passed the initial test April 18, 2015, but 48 percent of the 80 who took the makeup test passed it five weeks later. Concerns intensified because a copy of the answer key was posted on the website of a promotion school before the makeup test.

200 on Hold

The Sergeants sued seeking to invalidate the promotion list because of irregularities involving the test. In March, their lawyers and the NYPD agreed to freeze promotions to Lieutenant at a time when the department was at least 50 officers short in that rank. Two hundred officers had been scheduled for promotions.

Some union leaders had argued that cheating was not involved. They said that even in the days before social media, officers who took a promotion test would get together in the locker room and compare answers.

Edward D. Mullins, president of the Sergeants Benevolent Association, who had been sharply critical of the decision to halt promotions, declined to comment on the outcome.

The allegations are being investigated by the NYPD Internal Affairs Bureau, which was checking on the reasons officers who took the makeup exam gave for missing the original test. The only acceptable excuses are illness, religious observance and military obligations.

‘Surprise’ Questions Burn

The settlement, announced June 13, dealt with the Sergeants’ contention that the exam contained six questions on topics that were not included in the job announcement issued by the Department of Citywide Administrative Services.

The lawyer for the Ser­geants, Randolph McLaughlin of the firm of Newman Ferrara, said the omission of those topics meant the Ser­geants had no reason to study them.

The settlement tossed out five of the six questions. The exams of any Sergeant who scored 65 or higher on the test (passing score was 70) will be re-graded to give credit to anyone who answered any of the five questions incorrectly or failed to answer them at all.

A 6-Week Wait

DCAS will take about six weeks to re-grade the tests, after which promotions may resume. City officials said it was not yet clear how many names would be added to the list of those eligible for promotion. Mr. McLaughlin predicted that after the tests were re-graded, most of his clients would pass.

“We and the other attorneys worked through the weekend to see if we could hammer out a resolution that was fair to everyone involved and that would allow the NYPD to make the needed promotions,” he said last week.

Jonathan Blatt, the lead plaintiff, expressed satisfaction with the settlement. “We are glad that an agreement could be reached so that all qualified Sergeants who work­ed hard to prepare for this exam will now be eligible for promotion” he said.

“This resolution was best for all parties,” said a spokes­man for the city Department of Law.

Mark Toor
Assistant Editor
The Chief-Leader