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Tuesday, August 2, 2011

Feds Show They Know How to Seek A Federal Monitor

Monitor Sought to Oversee Fire Department Hiring Process
The New York Law Journal by Daniel Wise  -  August 2, 2011

Evidence that Fire Department of New York officials injected themselves into the hiring of new recruits surfaced at a hearing yesterday to determine whether a court monitor should be appointed to oversee the FDNY's hiring process.  Eastern District Judge Nicholas G. Garaufis, who last year found the department intentionally discriminated against minorities in hiring, questioned Dean Tow, the head of the FDNY's candidate investigation division, about whether he had received calls from FDNY officials about candidates with whom there were "issues."  Mr. Tow said there had been inquiries in the nature of "how is it going" referring to specific job applicants, but that the calls had "no influence" on him. But a lawyer for the Vulcan Society Inc., an organization of black firefighters suing the FDNY, read into the record the 2002 deposition testimony of then-Deputy Commissioner for Personnel Sherry Kavaler, who no longer holds that position. Ms. Kavaler testified that "you would have lieutenants and captains, whatever," calling and saying "this is the son of so and so" who "beat his wife" or "socked someone in a disco. …I lived next to him for years. He's a good guy. …I'll vouch for him."  Yesterday's hearing is part of ongoing litigation that began with a suit against the fire department by the U.S. government in 2007, joined by the Vulcan Society. The plaintiffs claim that three written tests used by the FDNY to screen applicants from 1999 until 2007 discriminated against minorities. The city has denied any discrimination, but Judge Garaufis has sided with the government and the Vulcan Society.  In July 2009 and again in January 2010, he ruled in United States v. City of New York, 07 cv 2067, that the FDNY had discriminated against minorities in hiring. In the earlier ruling, the judge found on a complaint brought by the U.S. Department of Justice, that the FDNY's hiring practices had disparate impact in violation of Title VII of federal civil rights laws.  Judge Garaufis ordered a new test, which is in the process of being developed under a court-appointed monitor, Mary Jo White, the former Southern District U.S. attorney who is now a partner at Debevoise & Plimpton.  New York City has announced that the new test will be given in January, and applicants are now registering to take it.  The city, which is represented by Patricia Mills, a senior counsel in the Law Department, is opposing the plaintiffs' motion and maintains that no relief is necessary to prevent discrimination in the hiring process.

Monitor Sought

The Vulcan Society is seeking a monitor to oversee the process of conducting background checks to determine the "good character" of those who pass future exams.  A statistician testified yesterday for the Vulcan Society that after the test was given in 1999, though blacks made up 6.2 percent of the applicants who passed the test, they made up 23.1 percent of the group that was disqualified based on character reviews, which Mr. Tow has overseen since 2001.  The Vulcan Society also is asking Judge Garaufis to find ineffectual the FDNY's internal process for overseeing bias complaints and to give a monitor the power to resolve complaints and to order measures to strengthen the recruitment of minorities.  A separate hearing will be conducted on the Vulcan Society's claims for remedial hiring and back pay. The group estimates that nearly 300 minority firefighters would have been hired but for the prior discrimination, and that they are entitled to $75 million in back pay.  About 7,400 minority applicants took the 1999, 2000 and 2007 exams, which Judge Garaufis has voided.  More than half of the city's population belongs to a racial or ethnic minority. However, only 9 percent of the more than 11,000 uniformed firefighters are black or Hispanic.  Minorities makes up 47.4 percent of the New York Police Department as of June 30, according to NYPD statistics.  During yesterday's hearing, Richard H. Levy, of Levy Ratner, the Vulcan Society's lawyer, presented the records of the background checks regarding several applicants.  In two examples, applicants had been involved in incidents of domestic violence. One applicant, found to have violated an order of protection, had received a conditional discharge. Mr. Tow recommended that the applicant, who was white, be appointed. In the other, he recommended against the appointment of an Hispanic applicant who received an adjournment in contemplation of dismissal for "pushing" his wife.  Two other of the incidents raised by Mr. Levy involved firefighters who had been police officers acquitted of murdering Amadou Diallo. Mr. Tow recommended the appointment of one of the officers, and his predecessor recommended the appointment of the other.  Daniel Wise can be contacted at dwise@alm.com

22 comments:

Anonymous said...

So when will we see a federal monitor over the corruption in the New York State Court System???

Anonymous said...

So is the Title of this Story inserted by the Blog an ADMISSION that the FEDS Don't have an interest in a Fed Monitor over the NY Unified Court System and OCA since if they "know" how to do it and it was Represented to be happening over 3 years ago and with over 129,000 Tips there is Plenty of Evidence?

Instead, related cases all dismissed, rampant abuse is the norm, even federal judges in District courts turn blind eye to State level corruption and more.

Oh, and really not such a great statement that Mary Jo White is the Monitor eh? Wasn't she just hired by Rupert Murdoch in his Phone Hacking Scandal? And of course she was on the Al Pirro case and we know what happened there, or didn't happen.

Ok, yea, that's right, the Feds will come in and pull Judith Kaye out of Skadden Arps to be the Monitor right?

hvr

Anonymous said...

I read this article elsewhere and was amused that Federal Ct wants this to be monitored.... as it is extremely mild compared to the crimes that their brothers and sisters in robes of the NY state court are participating in with employees as well as citizens!

Federal Ct is a showboat of biased power plays and believes that they can never be exposed for protecting their career twins, even when hundreds of thousands allege their crimes....as both robe donners forget their own spewed mentality.... that all criminals eventually get caught!

How many times JUDGES did all of you make that statement when criminals appeared in front of you, believing that you were immune from said failings...as you are of course.... an annointed American Judge of other humans...with no special abilities to perform such tasks, accept for your behind kissing affinity for political connections.

Actually manny of you are very defective human beings.. that just possess that political thuggery to force the title of that false honor!

Anonymous said...

many just think their political thuggery will win, just tell them, thanks, you can now get a Federal Lawyer and watch the worms squirm!

Anonymous said...

many just think their political thuggery will win, just tell them, thanks, you can now get a Federal Lawyer and watch the worms squirm!

Anonymous said...

Who will watch the Federal Lawyer?

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Anonymous said...

The NYPD has been discriminating against white men for 25 years.
Applicant investigations was ordered by past commissioner Ben Ward to favor women and minorities by using dirty tricks to exclude white men. . This practice continues
today. Where is the outrage ??

Anonymous said...

Who will watch the Federal Lawyer?

we don't need anyone to watch, they just have orders to shoot to kill any prostitute or terrorist in our courthouse!

Anonymous said...

," calling and saying "this is the son of so and so" who "beat his wife" or "socked someone in a disco. …I lived next to him for years. He's a good guy. …I'll vouch for him."


this is what I have been saying, who says any of this is true about these people, see our system runs on gossip and some know how to use the system!

Anonymous said...

for instance,

neighbors move in, they have taken in their elderly in laws to care for them, the pig farmers go around telling everyone they are having sex with each other over there and they are stealing things off other people's properties until they find out there is a Federal Marshall in that family...

all of a sudden, they are nice people!!!!

Anonymous said...

for instance,

neighbors move in, they have taken in their elderly in laws to care for them, the pig farmers go around telling everyone they are having sex with each other over there and they are stealing things off other people's properties until they find out there is a Federal Marshall in that family...

all of a sudden, they are nice people!!!!

Anonymous said...

so I would like an answer from DA Violante as to why pig farmers(aka swines) rule?
Why are they never investigated and charged?
Where the is the DOJ?

Anonymous said...

Violante
If I hear them slandering, libeling defaming my name, especially afterr 22 years or anyone else's name, do I get to shoot to kill? I mean, they have been slandering so long the sheriff's ditch our reports, the town ignores our complaints(that include Federal Felonies) we are continually menaced if we say a word........
Is just plain, shoot to kill an option!

Anonymous said...

Violante
If I hear them slandering, libeling defaming my name, especially afterr 22 years or anyone else's name, do I get to shoot to kill? I mean, they have been slandering so long the sheriff's ditch our reports, the town ignores our complaints(that include Federal Felonies) we are continually menaced if we say a word........
Is just plain, shoot to kill an option!

Anonymous said...

The Honorable Eric Holder is in charge at the Justice Department and in charge of attorneys bringing this action and has said he only protects the civil rights of his own people.
If Eric Holder is considered honorable, then a search must be begun to find at least one dishonorable man.

Anonymous said...

Holder and friends have been busy arresting 72 child porn perverts!
Hello Holder, you can not protect only your own, or one's that just stepped down, some are lied to,
get to the liar's label them, so no one ever believes them again!

Anonymous said...

yeah, Holder, the one that thinks they are all having sex with each other, just voted in as
"upstanding member of community"
remember one thing, you were just sworn in to uphold the constitution, now I know you have never read the Bible.......
maybe you should read the Constitution and get aide to help you understand MORALS!

Anonymous said...

this is a HOT TOPIC, it's on FIRE and TOO HOT TO HANDLE

Anonymous said...

what's Holder holding-nothing, so big deal-forget Holder he'll be out shortly

Anonymous said...

WHO RUNS THIS BLOG? ITS TOO SLOW AND OLD WHAT'S GOING ON?

Anonymous said...

sometimes they are out on the trail to catch the crook they want, they just do all this behind the scenes!

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See Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption

The first hearing, held in Albany on June 8, 2009 hearing is on two videos:


               Video of 1st Hearing on Court 'Ethics' Corruption
               The June 8, 2009 hearing is on two videos:
         
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               CLICK HERE TO SEE Part 2