The following is a series of letters sent by Deputy Chief Paul Mannix (President of Merit Matters) relating to the perception of a biased agenda on the part of those constituting the panel that was set to develop Exam #2000. Lt George Rodriguez (Sgt-at-Arms of Merit Matters) was dropped from that panel, ostensibly for his "links to Merit Matters," while Vulcan Society members were allowed to participate in that development panel. That clearly evinced an ethnically biased agenda on the part of that panel. These letters show that Merit Matters has been well aware of Thomas Perez for a long while.
Merit Matters Letter, January, 2011 Objecting
to Lt. George Rodriguez (L-27) Being Dropped From a Panel Working on the Next
FDNY Entry Test Because he Serves on the Board of Merit Matters
On
January 19th, 2011 FDNY Lt. George Rodriguez L-27 was notified that
he was being dropped from a panel working on the next FDNY entry test because
he serves as the Sergeant at Arms for Merit Matters, an advocacy group for NYC
residents and firefighters. As well as we have been able to piece together,
this action was taken because of concerns raised by the FDNY Vulcan Society (a
fraternal group of black firefighters) and/or various advocates for them. Among
those supposed concerns were that Merit Matters believes high standards should
be maintained for FDNY hiring and that cognitive ability is important and
should be tested for on the written entry test. We happily plead guilty to
these charges. It was also curiously intimated that Lt. Rodriguez, who is Hispanic,
might carry a bias against minorities.
We
also agree with those mentioned above who argue that we have an agenda as well
as a written track record of our positions. Our agenda can be summarized
neatly: we want high standards applied and everyone treated equally (the 7,000
people who have signed a petition on our website apparently share this agenda).
A good part of our written track record espousing this agenda can be found at
the website:
For
those who wish to learn more about us, internet searches utilizing our names or
“Merit Matters” will reveal more of our written track record, which we are
happy to have analyzed. We are also available to be interviewed.
The
presentation of these concerns by the Vulcan Society has opened the door for us
to present our concerns regarding their involvement in the development of the
test in question, and we can present numerous quotes, statements and positions
(a written track record, if you will) of the Society and persons connected to
it that will leave no doubt as to their agenda- an agenda we believe to be
racist, dangerous and insulting to minorities.
We
also have concerns regarding the participation in the test development of the
Department of Justice Civil Rights Division and individuals assigned to the
Division. Again, we can produce a written track record regarding a possible
agenda of this Division, an agenda that is currently the subject of
investigation by the U.S. Commission on Civil Rights and the Judiciary
Committee of the House of Representatives. The investigations concern the
Division’s actions in connection with the New Black Panther Party case (a case
that was dropped although a default judgment had already been obtained and
penalties were being discussed) and other cases where it is alleged that decisions
are being made on the basis of race. While everyone has presumed innocence, we
believe that to avoid any conflict of interest and insure the integrity of the
next test the participation of both the Vulcan Society and the Department of
Justice should be carefully scrutinized to determine if that participation is
prudent.
We
are calling on the recipients of this letter to respond to us regarding our
concerns; all necessary contact information will be provided at the end. We
will make ourselves available to any and all investigating government agencies
and media outlets as we believe the safety of New York City residents, visitors
and firefighters is being placed at risk by both the concerns raised here and
the ongoing lawsuit brought by the Department of Justice on behalf of the
Vulcan Society.
Paul
D. Mannix
President
Merit
Matters
516-848-9847
cell
meritmatters@gmail.com
Chief Mannix’s Challenge of A Biased Agenda
February
4, 2011
On
January 31st, 2011 we forwarded a letter detailing how a Merit
Matters Board member was removed from a panel working to develop the next FDNY
entry exam solely because of his connection to our group. This action was taken
because of concerns raised by the FDNY Vulcan Society, who complained that we
support high standards and believe cognitive ability is important. It was also
stated that the Board member in question, who is Hispanic, may have a bias
against minorities.
These
complaints, while curious, have nevertheless afforded us the opportunity to
present our concerns regarding the participation of the Vulcan Society on the
test panel. We raised this issue in the earlier letter but will get into
specifics here. We will also present our specific concerns regarding the
participation of the Department of Justice Civil Rights Division.
Leaders
of the Vulcan Society have a long list of statements that we believe reveal a
racist and dangerous attitude. The impression left is that they want hiring
decisions made on the basis of race instead of competence, do not respect or
understand the dangerous job that they themselves perform (as illogical as that
sounds) and have no regard for the safety of either their fellow firefighters
or the civilians we are sworn to protect.
FDNY
Captain Paul Washington is the immediate past President of the Vulcan Society
and currently is still very active; so active that it seems he is still the
lead spokesman. Listed below are statements he has made about the issue of FDNY
minority hiring (sources are noted on a bibliography forwarded with this
letter):
“We
are not averse to the most radical of methods (of integrating the FDNY)”.
“We
just want more black firefighters on the job”.
“This
fire department has been all white, lily white, for almost 150 years now. It
has to end”. (This erroneous, inflammatory statement ignores that blacks
comprised 7.7% of the FDNY following the 1 in 3 quota hiring implemented in the
1970s as noted in the New York Times 5/22/07)
“Mayor
Bloomberg is a new version of George Wallace, who said, ‘Segregation now.
Segregation tomorrow. Segregation forever’”. (This ignores the $20 million
spent on recruitment and the numerous programs and initiatives established to
integrate-not segregate- the FDNY)
(This
ignores the $20 million spent on recruitment and the numerous programs and
initiatives established to integrate-not segregate- the FDNY)
“The
Fire Department has no incentive to (diversify), because fires eventually go
out. It doesn’t matter who fights them”.
“There
is some danger involved in the job but not nearly as much as people think”.
It
is incredible, disheartening and enraging that an FDNY Company Commander,
responsible for influencing both Junior and Senior firefighters as well as
Lieutenants, would make the last two statements listed- but he did. Perhaps he
is minimizing the dangers of the job in order to give cover to those who would
minimize the standards for the job. This recklessness, when coupled with the
attitude displayed in the other comments- an attitude not of demanding equal
treatment or opportunity but one that instead advocates the “most radical”
methods of hiring because the Vulcan Society “just want(s) more black
firefighters on the job”- should, by any measure of safety, common sense and
decency disqualify the Vulcan Society from any role in test development.
Paul
Washington has also gone on the record regarding his opinion of tests, stating
that FDNY promotion tests are “pretty fair” and allow black firefighters to
advance; “the problem is getting in the front door” due to entry exams the
Vulcan Society believes are biased.(7) I asked him in a published letter to
explain how written tests for promotion don’t discriminate on the basis of race
but those for entry do and am still waiting for a response. He also advocated
that a candidate’s position on a hiring list should be determined “by a graded
physical exam- which is color blind” in preference to a written test. (8) I
asked him in the same letter to explain how physical exams are color blind but
not written tests but have not received an answer to this question either.
Firefighter
John Coombs, the current Vulcan President, has given voice to beliefs similar
to Paul Washington. Among his statements:
9.
Commenting on timed fire drills instituted during Fire Academy training that he
contended were designed to weed out minorities, Coombs said, “We’re not timed
in fires…(a)nd being timed doesn’t make you a better firefighter”. This display
of either ignorance or imprudence reflects a need to read our firefighting
procedures more carefully (although a large part of the lawsuit’s argument
concerns the Vulcan contention that reading comprehension ability is not
necessary to be a firefighter) for the possibility of ignorance or is an echo
of Captain Washington’s recklessness in minimizing the dangers of firefighting
for the possibility of imprudence.
10.
Coombs has written that, “It is unfortunate that many believe firefighters are
born. In fact, firefighters are trained, and during one’s career he or she
actually gains the skills and knowledge of a firefighter”. This is true, but
Coombs undermines his own belief by supporting the premise that reading
comprehension ability is not important and by utilizing the argument that Merit
Matters supports testing for cognitive ability as one of the reasons for
removing one of its Board members from the test panel.
There
are many other examples I can cite showing that the Vulcan Society leadership
wants hiring (and no doubt promotion) decisions made on the basis of race;
places their desire for more black firefighters ahead of the safety of
civilians and firefighters of all races; and engages in duplicity and
obfuscation to try to make the case that racism in the FDNY is systemic. There
is, in fact, such a dearth of racism that they have to lie about the city’s
efforts at integration and create false narratives out of incidents that have
nothing to do with racism. Attorney General Eric Holder recently commented that
we are a nation of cowards when it comes to race; we at Merit Matters, who
advocate true equal treatment and opportunity for everyone, are eager to
discuss this issue.
Mr.
Holder, it turns out, figures prominently in this discussion. As stated early
in this letter we also have concerns about his Department of Justice-
specifically the Civil Rights Division and individuals assigned to it- and
their involvement in the development of the test in question.
Our
concerns are related to the ongoing investigations into the actions taken and
decisions made in the New Black Panther Party voter intimidation case as well
as other cases in which it is being alleged by employees of the Division that
decisions as to whether to prosecute or not were being made on the basis of
race. We recognize that all are innocent until proven guilty but while these
investigations are going on- they are being conducted by the U.S. Commission on
Civil Rights, the Judiciary Committee of the U.S. House of Representatives as
well as the Department of Justice Inspector General and its Office of
Professional Responsibility-the participation of the Civil Rights Division in
an exercise so fraught with racial overtones does not seem prudent.
Two
individuals assigned to the Division- Thomas E. Perez and Loretta King- are
particularly concerning because of their involvement in both the New Black
Panther Party case and the lawsuit against the FDNY. Mr. Perez is the Assistant
Attorney General for the Civil Rights Division and has appeared as a signatory
on numerous court documents filed in the FDNY case, including #526 dated 9/9/10
which was the United States’ Response Supplementing The Special Master’s Report
On Potential Interim Hiring Procedures. Mr. Perez’ sworn testimony that the
decision to drop the New Black Panther Party case was not made by political
appointees at Justice has been contradicted by a log of Justice Department
documents.(11) Loretta King, who also signed this document as the Acting Chief
of the Division, has received sanctions of hundreds of thousands of dollars by
federal court judges for bringing unmeritorious cases and for failing to
respond to court orders, including a sanction in January 2010 that specifically
said her employer is not responsible for paying the costs (a very unusual
action). (12)
Just
as with the Vulcan Society, we can cite many more examples and sources
supporting our claim that the Department of Justice personnel connected to the
FDNY entry test development should be removed from the panel. Officials of the
various agencies involved in this endeavor cannot ignore the concerns we have
raised and those we are eager to still present and pretend they are concerned
with avoiding conflicts of interest or insuring the integrity of the next test.
Paul
D. Mannix
President
Merit
Matters
516-848-9847
cell
meritmatters@gmail.com
Chief Mannix’s Third Letter Concerning the
Flawed Development of Exam #2000
March
23, 2011
We
forwarded a letter on January 31, 2011 raising our concerns about the
involvement of the FDNY Vulcan Society and the Department of Justice Civil
Rights Division in developing the next FDNY entry test. These concerns involve
an agenda we believe to be racist and dangerous on the part of the Vulcans, and
also the numerous ongoing investigations of the Civil Rights Division because
of claims that decisions within that Division are being made on the basis of
race. Special Master Mary Jo White responded on February 2, 2011 that she has
noted our concerns but the Court has directed that these parties are to participate
in the test development project (so, presumably, their participation is a fait accompli). We forwarded another
letter dated February 4, 2011 in which we presented our concerns in a very
specific manner (the first letter was more general) providing quotes, a
bibliography and the four different entities who are investigating the Civil
Rights Division.
On
February 28, 2011 Document # 619-4 was filed with the title, “Plaintiff United
States’ Revised Proposed Relief Order”. Section V, “Development of New
Selection Procedure” 80 (b) reads, “(The Parties shall continue to develop this
new selection procedure in accordance with the following guidelines): the
development of the new selection procedure shall be guided by the professional
judgment of the experts and shall not be
constrained by specific determinations made before the development process
began”. This document, an order of the Court signed by the presiding Judge
in the case, makes it clear that the participation of the Vulcans and the Civil
Rights Division in test development is not a fait accompli. We are calling for a re-evaluation of the
participation of the experts representing these two groups in the test
development process.
Document
619-4 also touches upon the subject of confidentiality. Section V 80 (g) reads,
“the Parties shall hold meetings as directed by the Special Master to discuss
progress on this joint project (development of the test). Unless otherwise
agreed to by all parties, counsel for the Vulcan Society and the Vulcan
Society’s expert shall keep confidential any information regarding such
meetings”. This passage raises two questions:
Why
are the Vulcan Society counsel and expert singled out while the other Parties
are omitted?
Will
our concerns about why the Vulcan Society prep course covered the very unusual
questions that appeared on the last test (January 2007), when the city’s own
prep course did not, now be investigated as we have called for?
I
brought my concerns mentioned in the second question, along with a Timeline
detailing the reasons for them, to the NYC Department of Investigation last fall.
On November 12, 2010 I was interviewed under oath by two investigators from
that agency. On December 3, 2010 I was notified by one of the investigators who
had interviewed me (Matthew Brefort) that the case was being referred to the
Department of Citywide Administrative Services. Following a series of phone
calls and e-mails that began on February 2, 2011 I was told by Mitchell Paluszek
of the DCAS Legal Division on March 7, 2011 that the issues I have raised are
getting attention but it is doubtful that DCAS would be conducting an
investigation about the prep course run by the Vulcans. We had not raised this
issue in either of the first two letters so as not to interfere with any
investigation that may take place; since it seems that both DOI and DCAS are
curiously incurious about our valid and detailed concerns we are considering
how to proceed on this matter.
I
will end this letter the same way I ended the last one: Officials of the
various agencies involved in this endeavor cannot ignore the concerns we have
raised and those we are eager to still present and pretend they are concerned
with avoiding conflicts of interest or insuring the integrity of the next test.
We do not wish to unduly delay development of this test (although there is no
guarantee it will produce results acceptable to the Court or the Department of
Justice: the recent controversy surrounding the November 2010 Dayton, Ohio
Police test revealed that this test, developed by a California based firm,
resulted in fewer blacks passing than passed the Dayton internally developed
exam in 2006) (1) but do wish to maintain standards for hiring and insure the
integrity of the test.
As
always, we are available to answer questions, provide context, explain
circumstances and discuss the history of events surrounding the issue of FDNY
hiring. All contact information is provided below.
Paul
D. Mannix
President
Merit
Matters
516-848-9847
cell
(1)
Dayton Daily News March 6, 2011 (Lucas
Sullivan 937-225-2494)
Posts
