OFF-TRACK RUNNING

Looking to be a Westchester County Police Officer?
Before you can even be considered for the post you'll need to meet the following eligibility requirements:

citizen of the United States at time of appointment;
high school diploma at the time of examination;
current New York State Drivers License at the time of appointment; and
twenty (20) years of age at time of appointment, and no older than 35 (at time of the examination), unless you're a veteran as defined by New York State Law.

Applicants are also required to undergo a physical agility test conducted by the County's Human Resources Department. This test requires, in part, that candidates run 1.5 miles "on a track" (within a delineated time frame).
Can the County deviate from the prescribed test conditions?
In a recently reported case, the Appellate Division reaffirmed that the County has considerable leeway when administering these eligibility tests. In Matter of Burchetta v. County of Westchester, Cindy Burchetta and other applicants were asked to do the run on the police academy's parking lot. After Burchetta failed the test, she demanded a retest "on a track" as provided by the regulations. When that request was denied, Burchetta commenced suit -- by way of an Article 78 Proceeding -- to annul the prior results and compel a retest. The Westchester County Supreme Court acquiesced and granted relief in Burchetta's favor.
Finding that the County had the discretion to interpret and apply its own regulations, the Appellate Division, Second Department, reversed. The decision to conduct the test on a "parking lot" rather than a "track" was not viewed as significantly violative of the County's own regulations. As the Court observed:

The standards for physical fitness have a rational relationship to the ability of an individual to perform police functions, and their application is neither arbitrary nor capricious ... The determination at issue was rationally based on the petitioner's failure to complete the physical agility test within the required time.
The Department of Human Resources of the County of Westchester is authorized to administer the test for prospective police officers, which includes the stated 1.5-mile run .... Its interpretation of the regulations is accorded great weight and judicial deference, as long as it is not irrational .... The requirement that applicants for the position of police officer run 1.5 miles was not irrational as administered.

Running purists would likely disagree with the outcome of this case. According to published reports, parking lot asphalt presents a less than ideal condition for runners. By way of example, in May 1997, Runner's World (UK) rated various surfaces on a scale from 1 (least desirable) to 10 (most desirable). The results follow:

Grass (9.5)
Woodland Trails (9)
Earth (8)
Cinders (7.5)
Synthetic Track (7)
Treadmill (6.5)
Asphalt (6)
Sand (6)
Concrete (2.5)
Snow (2)

Although the one-point rating differential would appear to be slight, one can't help but wonder if a synthetic track surface would have yielded a qualifying finishing time for Ms. Burchetta.

For a copy of the Appellate Division's decision in Matter of Burchetta v. County of Westchester, please click on the following link:
http://www.nycourts.gov/reporter/3dseries/2006/2006_06281.htm
For a copy of the Runner's World piece, "Top 10 Running Surfaces," please click on the following link:
http://www.runnersworld.co.uk/news/article.asp?UAN=152