Our DEEPEST Thanks to SULLIVAN & GALLESHAW

Our DEEPEST Thanks to SULLIVAN & GALLESHAW
Please visit and THANK the attorneys at Sullivan & Galleshaw, especially Keith Sullivan and Jay Galleshaw, whose pro bono assistance has been absolutely INVALUABLE!

Wednesday, September 29, 2010

Quotas Are Discriminatory

















This is the latest letter Deputy Chief Paul Mannix (President of Merit Matters) has had published in the Chief-Leader, October 1st, 2010, putting the most recent Nicholas Garaufis decision into perspective;
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As ridiculous as it may seem at first blush, Humpty Dumpty’s dialogue in Lewis Carroll’s “Through the Looking Glass” contains a fantastic explanation of political correctness that anticipates by quite a few decades George Orwell’s Newspeak.


“When I use a word,” Humpty Dumpty said, in a rather scornful tone, “it means just what I choose it to mean—neither more nor less.”


“The question is,” said Alice, “whether you can make words mean so many different things.”


“The question is,” said Humpty Dumpty, “which is to be master — that’s all.”


I thought of the above passage while reading the recent order issued by Federal Judge Nicholas Garaufis relating to proposed interim hiring procedures for the FDNY. By changing what is or can be said, you eventually change what is or can be thought. Attempts to redefine words and take on the role of master of what can be said must be very carefully scrutinized if for no other reason than to prevent those in positions of power from taking a great fall in public esteem.


The most glaring attempt in the Judge’s order to change the meaning of a word is shown in the use of “quota.” A quota is defined by Webster’s as, “a numerical limit set on some class of things or persons” yet Mr. Garaufis claims that the proposals presented only “strongly resemble” racial hiring quotas.


Perhaps his perspective is skewed by his perch up on that, not wall, but bench, but all the proposals offered (in fact the entire exercise brought about by this lawsuit) are being considered in order to place a numerical limit on some class of persons—in this case, white ones. To be fair to the Judge, he is not the only one in society running from the word “quota”; other supposed masters of the language have developed numerous euphemisms to hide their support of the racist and/or sexist intent behind the use of quotas (“target,” “goal,” “timetable,” “hiring preference,” “applicant flow,” “proportional hiring”) but I’m a simple guy and have no need to trick anyone—so I’ll stick with quota.


Interestingly, Mr. Garaufis has indicated he understands the perniciousness of quotas by claiming in open court that, “I will not impose quotas. So I want you to tell your client that. You tell your client that. You tell your client that here. We are not going to have quotas in this litigation, but we are going to, should we need it, have some other solution as an interim solution.” As I’ve written before, Judge — a quota is a quota is a quota, and all of your proposals are quotas.


Almost as disingenuous, perhaps more so if you are a member of one of the groups whose status has been redefined in an almost unbelievable act of judicial activism—is the court’s proclamation that Asians, Native Americans and “other” candidates do not qualify as minorities. Now I am sure an obtuse legal reasoning can be raised to support this proclamation, but that just emphasizes Humpty’s point that all that matters is who is to be master.


Absurdly, when the original complaint that led to this lawsuit was filed, it concerned only blacks. Hispanics were added somewhere along the line because some master decided they, too, were aggrieved minorities, but I guess only these two groups are invited to this increasingly confusing and maddening tea party.


What of the term “race-neutral”? That sounds nice, doesn’t it? Warm and fuzzy, and something all reasonable people can support, right? Well, the problem is, when we read that, “(a)ll parties agree that randomly selecting candidates for processing from the entire applicant pool for Exam 6019 would be race-neutral and, therefore, a lawful hiring procedure,” some of us remember that random selection is only being considered because there are too many of one race and not enough of others, so its considered implementation is anything but race-neutral.


Those “some of us” who remember this realize that we might be upsetting the masters but we are definitely not neutral about that prospect— in fact you could say we eagerly hope to provoke some upset among them and among those who reject the nonsense that ensues when it is decided that discrimination is okay if it is utilized against a non-favored group.


We are also informed that race-conscious compliance procedures are lawful. This means that if you are the wrong color we are not going to hire you and, if the judge insists on pursuing this course of action, I just want to warn him that he can expect to incur the wrath of the FDNY Equal Employment Opportunity Unit. Its policy statement reads, “The Fire Department is firmly committed to maintaining fair employment practices for its employees and applicants and ensuring that employment decisions are made without regard to...color...gender...race...religion...” Sounds to me like they are not fooling around. If they raise objections to your race conscious compliance procedures (and I can’t imagine they won’t, as this concept flies in the face of their stated policy), don’t say I didn’t warn you.


I wish I could end this letter here, but Mr. Garaufis continues his campaign of re-definition, expanding from mere words and phrases to redefining the very intentions of others. Chief Justice of the Supreme Court John Roberts wrote in support of a decision which ruled quotas cannot be used as a factor to increase racial diversity in schools that, “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”


Justice Roberts’s point is clear—the use of quotas discriminates on the basis of race and is illegal. Mr. Garaufis, however, would have us believe that what he really meant was that we have to utilize quotas to avoid lawsuits and monetary judgments. It is my hope that once Mr. Garaufis issues his final remedy order in this case and the city appeals, it winds up in front of Justice Roberts so he can enlighten Mr. Garaufis on this point while voting to overturn his ruling.


At points in the ruling intentions that are too offensive or unacceptable are simply omitted. Two of the “Applicant Flow” (quota) proposals discuss classes of either 300 or 221 candidates but don’t make clear that in order to arrive at the proportion desired, 62 whites would have to be excluded for a class of 300 and 114 whites for a class of 221.


This shining example of obfuscation is understandable—the legal winds have shifted and there is considerably less tolerance for quotas in both society and courtrooms than in the past. Quota proponents understand they are hanging on by their fingernails, so they either ignore inconvenient truths (to borrow a phrase) or resort to some of the most pathetic and ridiculous arguments (reading comprehension ability is not important; upper body strength is overvalued) ever utilized in defense of a position.


Lewis Carroll discovered what writer Theodore Dalrymple called the greatest truth of modern political philosophy: “What I tell you three times is true.” For a long time it has been said that the FDNY has fought integration, when the complete opposite is true, and this is easily verified by facts. It has also been said that quotas are necessary to combat discrimination, ignoring that quotas commit discrimination. The time has thankfully come when now, no matter how many times false information is repeated, reasonable people throughout society are rejecting it and working towards a time when equal opportunity is accorded to all—regardless of race.


PAUL D. MANNIX
President, Merit Matters

Tuesday, September 28, 2010

Meeting 9/27/2010

I'm happy to report that approximately 100 people came out on a rainy night to our first meeting. The meeting was held with a number of objectives, all of which were met- answer questions, hear suggestions, sell T-shirts, host some out-of-town friends from groups whose victories Merit Matters hopes to emulate and lay the groundwork for an expanding organization. Two of the major themes we kept coming back to were, 1. Sign our petition and spread the word about Merit Matters both inside and outside the FDNY and, 2. If we are going to be successful in our efforts you must get involved- especially those new to the job. In so many things the junior members are told to defer to those senior and this is proper; but in this fight we want the junior members (as well as the senior; the more the merrier) to step up in large numbers.
While we thank all who turned out we want to give special mention to the following firefighters from other cities who attended:
Mt. Vernon, NY- Joe Carroll
Camden, NJ- Danny Stratton
Newark, NJ-Danny Farrell
Bridgeport, Conn- Rich D'Onofrio
New Haven, Conn- Matt Marcarelli

We would be remiss if we didn't also thank our attorney, Keith Sullivan, who attended and provided expert answers to the legal questions that were raised and gave an informative synopsis of the lawsuit the city is fighting. His law partner, Jay Galleshaw, was also at the meeting and also answered questions. Their firm's website is easily accessed at the top of ours whether you need to sign the petition or for any other information you may require.

If you couldn't make it, not to worry: we aren't going anywhere and you can jump in at any time to help. Please do, and please spread the word and sign the petition.

PDM

Wednesday, September 22, 2010

FDNY Rebuffs Garaufis on Quota Appointments....












Here are three recent stories that appeared in the New York Post and the Wall Street Journal on New York's rejecting Judge Garufis' (pictured above) proposed hiring plan for the next probie class.

JMK


No to the Quota King


The New York Post

Sunday, September 19th, 2010

http://www.nypost.com/p/news/opinion/editorials/no_to_the_quota_king_bPCCX4GVT862iKocBXfj5J

Federal Judge Nicholas Garaufis doubtless thought he was being clever in allowing City Hall to choose among five options for hiring new firefighters — each of which incorporates race-based quotas.


But Corporation Counsel Michael Cardozo has informed the judge that the city will take a pass on his scheme, rather than acquiesce to what it rightly considers “illegal and unwise public policy.”


Good for him.


Garaufis, of course, has been on a years-long campaign to remake the FDNY in his preferred racial image. Nothing the city does to increase diversity among its firefighters will ever be good enough — until it embraces quotas.


He’s thrown out the last three entrance examinations — on the dubious grounds of “disparate impact” rather than any evidence of outright discrimination.


And he enjoined the city from hiring two new classes of 312 “probies” each until it comes up with a test that meets his personal specifications of what constitutes a racially “just” fire department.


When the city said that blocking new hirings would cost $2 million a month in overtime costs, Garaufis relented — but offered only alternatives that he admitted “resemble racial quotas.”


Ironically, as Cardozo notes, not allowing the city to hire from the current pool of applicants only delays the FDNY’s admirable and full-fledged efforts to diversify — given that it produced 33% minority representation among the top scorers.


“Hiring candidates from that list would have guaranteed that the city hired the most qualified firefighters, while at the same time increasing the department’s diversity,” he said.


But, as Cardozo added, “we had no other choice” but to reject quotas.


In fact, submitting to Garaufis’ perfidious ploy would have set a horrible precedent — by instituting a policy in which candidates for such a critical job are hired solely on the basis of their race or ethnicity, and not on demonstrated ability.


Which means, says Cardozo, “the city will have to find a way to cope with the economic consequences” of Garaufis’ increasingly absurd rulings.


Sometimes, adhering to principle comes at a cost — but, this time, it’s a price that must be paid.



City Forgoes New Fire Class


The Wall Street Journal

By DAVID BENOIT

Saturday, September 18th, 2010

http://online.wsj.com/article/SB10001424052748703904304575498032896054348.html?mod=WSJ_NY_News_LEFTTopStories


New York City officials on Friday rejected a judge's compromise that it select a new firefighter class using what the city termed racial quotas. Instead, the city will not select any recruits, leaving it without the new firefighters it had argued were necessary.


While officials were quick to say the decision wouldn't have an impact on public safety, Mayor Michael Bloomberg did warn that the judge's ruling would lead to increased pressure on the budget and could force the city to close firehouses.


U.S. District Judge Nicholas G. Garaufis ruled that the city's test for firefighter applicants discriminated against minorities, ordering the city to come up with an interim hiring process that would allow it to select a new class while correcting for the test's bias. Earlier this week, he said that if the city wanted to hire a new class it would have to choose by noon Friday from among five of the seven hiring options identified by a special master, Mary Jo White.


Under one scenario, the city would have picked the top 2,500 candidates that had taken exam 6019, removed the lowest-ranked white applicants and replaced them with the highest-ranked minority applicants. Another involved picking the applicants based on percentages determined from the demographics of the entire applicant pool.


Instead of using what it said were illegal racial quotas, the city rejected all the offers and said it would appeal the ruling.


"The City respectfully believes that using raced-based quotas to select firefighters is both illegal and unwise public policy," Corporation Counsel Michael Cardozo wrote in a letter to Judge Gaurafis. "For these reasons, the City declines to select any one of the five proposals offered by the Court."


Mr. Bloomberg said during his weekly radio show that it wasn't essential for the city to hire a class, but that without it the Fire Department's costs would soar. He raised the possibility of closing firehouses and making other cuts to try to deal with a budget that's already strapped.


"Well, you can spend a lot more money on overtime, which we don't have," Mr. Bloomberg said. "You can close firehouses, which I don't want to do. You could lay off people in other agencies to get the money to pay for the existing number of firefighters to do the job."


Mr. Cardozo said in a statement that not hiring the class wouldn't have an impact of public safety, but would put more pressure on the budget.


Darius Charney of the Center for Constitutional Rights, which was representing the Vulcan Society of black firefighters, said he was surprised by the city's decision because it had argued it wanted the new class. But he said the society was sticking by its position that the FDNY needs to diversify. "The Vulcan Society's interest here is that the fire department has to be more diverse," he said. "If they aren't going to hire a diverse group right now, then they shouldn't hire anyone."


Separately Friday, the Vulcan Society's lawyers said they would seek an additional $14.6 million in damages for those who had taken two older versions of the exam that were also found to be biased. Mr. Charney said that when back pay is factored in, the suit is seeking more than $60 million from the city.


Write to David Benoit at david.benoit@dowjones.com



FDNY halts rookie league amid 'test bias' wrangle


The New York Post

Saturday, September 18th, 2010

http://www.nypost.com/p/news/local/fdny_halts_rookie_league_amid_test_27bqQZU9YG8EzhOCP2W4UN


New York City won't hire rookie firefighters until a new entry exam is created to replace one that a judge has declared discriminatory.


The city's Law Department had until yesterday to choose one of the judge's five alternatives to hire entry-level firefighters while awaiting the new exam.


But Corporation Counsel head Michael Cardozo said that the choices all involved some sort of race-based quota and that selecting one would be bad public policy.


Mayor Bloomberg has said he believes FDNY Salvatore Chief Cassano will boost minority hiring because he oversaw a higher FDNY minority-recruitment effort for the 2007 exam.


US District Judge Nicholas Garaufis ruled in August that the test used by the mostly white department was unfair to black and Hispanic applicants.

Monday, September 20, 2010

Deputy Chief Paul Mannix on With Curtis Sliwa (The Apple - 970AM) Tuesday, Sept 21, 2010 at 6:45AM








Deputy Chief Paul Mannix (Pres. of Merit Matters) will be on with Curtis Sliwa tomorrow morning at 6:45 AM. 970AM (The Apple). SEE:
http://www.am970theapple.com/

We will post a link to any streaming audio when it becomes available.

Monday, September 13, 2010

What the NY Jets Can Do That the FDNY Cannot










A GREAT article by Jack Cashill of American Thinker:

American Thinker

By Jack Cashill

September 11, 2010

http://www.americanthinker.com/2010/09/what_the_ny_jets_can_do_that_t_1.html


The simple answer is this: field its best team. The reasons why the New York Fire Department cannot do so are complex, but when understood, indefensible - especially after September 11.


Two good windows on this paradox are the HBO show "Hard Knocks," this year featuring the Jets, and "102 minutes," a fair-minded book by Jim Dwyer and Kevin Flynn on the fight to survive within the Twin Towers.


"Hard Knocks" follows a given football team through its pre-season training. The fringe players provide the real drama of the show as they struggle against high odds to make the team. Unlike most other professions, especially firefighting, the coaches are free to choose whomever they like for whatever reasons they like.


They are certainly under no imperative to hire women. None dare try out. As to handicaps, these merely get a player sent home in a hurry. The coaches do not attempt to field teams that "look like New York." I doubt if they even keep statistics on race, let alone gender or sexual orientation.


The selection process has a massively disparate impact against certain minority groups - Hispanics and Asian-Americans, most notably - and even against African-Americans in the quarterbacking and kicking positions. Jets QB Mark Sanchez is a "minority" in the way that Ricardo Montalban was.


On the question of age discrimination, the coaches are open advocates of the same. They will tell a player to his face that he is too old, and "old" in the NFL is 35. "Ancient" is 40 and/or Brett Favre. As to sensitivity training, I would pay to watch head coach Rex Ryan go through such a course. White coaches like Ryan blister black players, and black coaches blister white players, and yes, they do use bad words, lots of them.


At the end of the day, the coaches assess a player on how well he performs on relevant tests, physical and mental; what kind of character he has; and what kind of attitude he shows, and they make their decisions accordingly. Getting cut is painful, but the players man up in ways that must leave corporate HR execs weeping in envy.


New Yorkers would not tolerate a Jets management whose coaches were any less discriminating. Fans demand a team capable of winning and are almost completely indifferent to its racial or gender balance. For whatever reason, federal regulators leave the Jets alone.


Although no one ever died because of an errant forward pass, lives are at risk every time firefighters answer a call. And yet, if New Yorkers insist the Jets field their best players, they seemingly couldn't care less about the FDNY.


As Flynn and Dwyer reveal in "102 Minutes," the only firefighters who provided real value on September 11 were those able to climb forty, sixty, maybe eighty flights of stairs wearing thirty to forty pounds of gear and carrying firefighting tools nearly as heavy. This required the strength and stamina of a Navy Seal or an NFL safety. Although no one can question the valor of the firemen who entered the buildings, few had the requisite conditioning to do much good. Serious testing had been taboo for a generation.


In the aftermath of the buildings' collapse, authorities have rightly attempted to identify design and engineering flaws and correct them. The media have held the responsible parties accountable. It is not every day that a jet airliner flies into a building, but a skyscraper should be able to survive the day that it does.


During this same period, authorities have done nothing to identify and correct the weakness of the firefighters themselves. Perversely, they have labored to make sure that firefighters will be less capable of dealing with a comparable emergency in the future, and the media have egged them on.


In every single American city today, "diversity" trumps safety. Scarcely a day goes by without the media trumpeting lawsuits that waste money and emasculate fire departments. In Chicago, one reads that because of unwelcome results, the city's firefighter applicant test is now pass/fail. In Kansas City, two women sue the fire department, demanding, among other things, that they be recognized as having the same firefighting ability as men.


In Oakland, a headline reads "a New Century Brings Progress and Hope." In this case, "progress" means that 13% of Oakland's firefighters are women and 56% are "people of color." Whether they can fight fires is irrelevant.


In Minneapolis, San Francisco, and Miami, through a combination of litigation and intimidation, women represent more than 10 percent of the city's firefighters. Fire chiefs who protested are no longer fire chiefs.


To its credit, the FDNY resists, but the federal regulators, the courts, and the media conspire against the Department. As reported in the New York Post earlier this year, a group of women threatened to sue the FDNY, warning the judge "that if the new requirements place a greater emphasis on strength, more women will be excluded from joining the department."


Some years back, a judge had ordered the test changed "to be less physical." That apparently did not produce an equal enough outcome for the litigants, who had little or no personal exposure to 9-11. Of the 343 firefighters who died in New York City on September 11, 2001, 343 were men.


Today, firefighting is an extremely attractive profession. There are routinely fifty applicants or more for each open position. Fire Departments could recruit candidates as strong and fit - smarter, too, if not quite as fast - as the Jets do. Departments could demand, just like the Jets, that these firemen show up for work every day in peak fitness and dismiss them if they do not.


This is not about to happen. Careerism will continue to make cowards out of those who are supposed to lead. As the Post also reported, "The city and the union declined to comment" on the threatened suit.


The Post did identify, however, one fireman brave enough to say the obvious. "It's a physical job. It requires physical strength," said Deputy Chief Paul Mannix. "People ask why there aren't more women in the Fire Department. Why aren't there more women in the NFL or Major League Baseball?"


Will someone in authority please answer this question?


Page Printed from: http://www.americanthinker.com/2010/09/what_the_ny_jets_can_do_that_t_1.html at September 11, 2010 - 10:17:02 PM CDT

Friday, September 3, 2010

Merit Matters Informational/Organizational Meeting - September 27th, 2010 in Maspeth, Queens



















Ladies and Gentlemen - we've secured a room for a meeting to answer questions about Merit Matters and also to set up a larger organization to help our fight. Although the emphasis for this meeting will be Merit Matters and our current challenges I would like to invite any and all who would like to attend and show others who attend that this is a bigger fight than just NYC. As I say when I am talking about our group, we are the new kids on the block and still have to prove our effectiveness- our friends in the AFA have been fighting this fight for a long time and have been effective already.

Our new, little group (the AFA) has already proven its worth. The exchange of ideas, tactics, resources etc. would not have happened a year ago, but now it happens with regularity (the recent e-mails about banding being a great example). I understand if you can't make it, and look forward to seeing those who can't at the next AFA meeting when it is scheduled. If you can make it, however, here are the details:

DATE: Monday, September 27, 2010
TIME: 7 pm
PLACE: Connolly's Corner, 71-15 Grand Avenue, Maspeth, NY
Maspeth is in the borough of Queens.


PDM