More of the Media Looking at the “New FDNY Directive on Firehouse Postings” as Free Speech Issue

In the now exploding “Firehouse Postings” controversy, with the UFA considering suing over Free Speech infringements, Fire Department officials are now saying they never intended to keep firefighters from posting benign items.

How so?

As noted in virtually EVERY report on the controversy, Merit Matters has appeared to be the target of that new directive!

Merit Matters has consistently sought equal OPPORTUNITY for all, with special privilege or treatment for NONE and in keeping with that, Merit Matters has supported and fought for both the merit system and higher standards for the Emergency Services.

None of that is a violation of existing equal opportunity policy.

It is proponents of race-based preferences and special treatment based on ethnicity and gender who violate the basis of equal opportunity with calls for “equality of results/outcomes.”

The city itself scuttled standards with Exam 6019, which was largely an “opinion survey,” with a large number of questions having multiple accepted answers! It is New York City’s government itself that acquiesced to demands for targeted recruitment and more recently, targeted assistance (the Vulcans being allowed to contact black applicants who failed to complete their applications).

All of this highlights the hypocrisy of the charge that “New York City agencies should look like New York City.”

The fact is, NONE of New York City’s agencies look anything like New York City. Ironically enough, the ONLY ethnic group that is OVER-represented by more than 10% their numbers in the city’s population are non-Latino blacks, who comprise 23% of New York City’s population and 36% of the city’s workforce (SEE: http://www.citylimits.org/news/articles/4038/the-whitest-city-agencies) an OVER-representation of more than 50% their numbers in New York City!

Non-Latino whites, by comparison, comprise 35% of New York City’s population and 38% of its workforce (a nearly 9% OVER-representation). Asians (a group that judge Garaufis claims is NOT a “minority” for the purposes of his decision) and Hispanics are both UNDER-represented within New York City’s workforce.

Why isn’t more recruitment done CITYWIDE for EVERY city agency? Why is the MOST over-represented group (non-Latino blacks) targeted, while the two most UNDER-represented groups NOT targeted for recruitment? Why aren’t City agencies like the Department of Corrections (nearly 80% non-Latino black) and the Department of Education (nearly 80% female), among many others also forced to recruit workforces that “Look more like New York City?”

Moreover, there is no actual definition of what “looking like New York City” should be. What level of OVER-representation is acceptable?

Is it 10% above one’s numbers in the population? If so, then virtually EVERY New York City agency is out of compliance and should be actively recruiting workforces that better reflect New York City’s population.

Right now both New York City AND the FDNY’s EEO Division are in violation of their own stated policies that bar special consideration and unequal treatment based on race, religion, ethnicity, gender, etc.

What the FDNY’s “New Directive” seems designed to do is to censor and suppress opinions that merely support the ideals they claim to stand for and highlight the hypocrisy of the demands for special privilege and treatment within the FDNY that have occurred under the aegis of both New York City and the FDNY’s EEO Division.

SEE: Staten Island Advance article: http://www.silive.com/news/index.ssf/2012/01/fliers_a_flashpoint_between_fd.html

JMK

UFA Plans to Sue Over New FDNY Directive as a Violation Of Free Speech

The UFA has come out in opposition to the new directive that bans “opinion pieces” in firehouses.

CBS News reported the initial issue was over a department directive, put out last month, which banned firefighters from displaying any material presenting opinions or viewpoints in their engine of ladder company quarters.

The union ordered its members to ignore the order, saying it was a violation of the First Amendment.

The FDNY eventually reworked the directive so it only banned the posting of opinions on firehouse walls, but Uniformed Firefighters Association President Steve Cassidy has responded that that’s not nearly good enough.

“There are new bans that are in effect that you can’t put an American flag up, you can’t have a picture of a deceased firefighter who died in the line of duty, you can’t put up a sign that says ‘Go Giants,’ this is ridiculous,” Cassidy told 1010 WINS on Thursday.

The revised directive, under the headline “Use of Bulletin Boards in Quarters,” says the following:

“Bulletin boards in facilities shall be used only for official Department business or important information relating to approved Departmental organizations. In addition to applicable EEO restrictions, material presenting opinions or viewpoints is not permitted anywhere in quarters. It does not matter whether such opinions or views concern Department matters or non-Department matters. NO articles/material may be posted from any publications, internet or other sources.”

Sources told CBS 2's Lou Young that the flap is really related to an organization inside the department called “Merit Matters,” which objects to some of the techniques being used to racially diversify the department.

To the UFA’s credit, Steve Cassidy told 1010 WINS that in his opinion, it’s pretty clear that the policy violates the right of free speech. He says the ban – even with the new wording — is unacceptable and they plan to sue.

“We told them they violated our rights, they made a change. That change probably even more egregiously, violates our First Amendment rights. So the question is, how can you negotiate with someone who doesn’t understand the First Amendment or who believes instinctively that they can tell firefighters what to do on any level at any point in time,” Cassidy said.

SEE: http://newyork.cbslocal.com/2012/01/26/union-argues-new-fdny-directive-is-ridiculous-violation-of-free-speech/#.TyLERQxYreY.email


JMK

Queens Chronicle fairly covers the ongoing FDNY controversy.

The Queens Chronicle has a front-page article on the city on the ongoing FDNY lawsuit, in which they objectively give both sides of the story, including quotes from both Capt. Paul Washington of the Vulcan Society and Deputy Chief Paul Mannix of Merit Matters.

It’s an excellent article, which includes this; “Mannix believes Garaufis should be removed. He also invites any member of the FDNY who has a substantiated claim of racism to come to his group for help. “Contact Merit Matters, and we will stand up for you,” Mannix said.

Another one of the group’s members, Andy Rasavongseuk, who is of Laotian descent and works with Squad 270, a special firefighting unit in Richmond Hill, also agrees that Garaufis should get booted from the case.

“I don’t know where he lost his impartiality or how, but he needs to be removed,” Rasavongseuk said. “The talk around the firehouse is that we want people to get the job because they earned it, not because they pulled some idiot off the street.”

It’s a great article and well worth reading; http://www.qchron.com/news/queenswide/city-accuses-bias-case-judge-of-bias/article_76f7bdd3-269e-5366-9749-61ad20b4883c.html

JMK

A Note From Chief Mannix on the Firm of Sullivan & Galleshaw Filing Merit Matters' Amicus Brief

Attached please find the Amicus Curiae (Friend of the Court) brief (http://www.sullivangalleshaw.com/amicus-brief.pdf) filed yesterday by our attorney, Keith Sullivan, on behalf of Merit Matters. The brief is in support of the City's brief filed on 1/17/12 which was the source of the spate of news coverage this past weekend, much of which was critical of the judge. Besides the City's brief, we are the only organization that has filed an Amicus brief seeking reversal of the Court's rulings.

Mr. Sullivan has not simply cut and pasted sections of the city's brief in composing this one. As such, information not emphasized by the City appears here and this warrants a close reading of our brief by those who seek a greater understanding of this case.

Please indulge me at this point - I cannot let Mr. Sullivan's commitment, effort, expertise, time and passion for our cause go without remark. For two years now he and his law partner, James Galleshaw, have provided legal advice and support to Merit Matters without charge. Mr. Sullivan has answered my calls at all times of the day and night whether it be to discuss a threat of legal action against us, or to provide assistance to Medal of Honor recipient Dakota Meyer, or to represent a different Marine Veteran in his dealings with a bureaucracy seemingly intent on hurting rather than helping or just to do whatever is necessary to further our mission. Such is his concern for NYC residents and firefighters that I have at times questioned my own commitment. Why am I not as worked up as Keith about this, is a question I've asked myself on a few occasions.

He and Mr. Galleshaw have never asked me for anything, but I am now going to make a shameless plug. If you ever need a lawyer (and I don't tell lawyer jokes anymore because of these guys) you would be very well served by contacting them:

www.SullivanGalleshaw.com

718-843-0300 office

Okay - now go read the brief and forward it far and wide. Anyone with any questions or in need of on the record comments about anything connected to this case please contact me.

Paul Mannix
President - Merit Matters
516-848-9847 cell

Sullivan & Galleshaw File an Amicus Brief on Behalf of Merit Matters

On Tuesday, January 24th, Sullivan & Galleshaw filed an Amicus Brief on behalf Merit Matters, enjoining us to the City's appeal of the Garaufis ruling.

The Amicus Brief can be found online at: http://www.sullivangalleshaw.com/amicus-brief.pdf


THANKS cannot remotely convey the gratitude that Merit Matters has for Sullivan & Galleshaw nor the debt we owe them for advancing our cause! Keith Sullivan and Jay Galleshaw have been been the legal force behind all of Merit Matters' efforts, without them and their prodigious efforts, our cause would be greatly diminished. They've given us both access and insight into the legal aspects of this cause...which hinges entirely upon litigation.


JMK

Chief Mannix Will be on The Curtis Sliwa Radio Show TOMORROW Morning...

Chief Paul Mannix, President of Merit Matters will be on The Apple Radio AM 970 with Curtis Sliwa tomorrow (Tuesday, January 24th 2012) @ 6:25am.

Also online at:
http://www.am970theapple.com/

Editorials Chronicle New York City's Seeking to Have Judge Nicholas Garaufis Removed From FDNY Case

Virtually every news organ is awash with editorials and articles reporting New York City’s seeking to both overturn his initial decision and remove him from the case.

See for yourselves:

http://online.wsj.com/article/APd64e5a9f312b48258aeaf1cc052bffca.html

http://www.nypost.com/p/news/opinion/editorials/begone_garaufis_oEjOfR6y2pFD1jpYKdBdrL

http://newsandinsight.thomsonreuters.com/Legal/News/2012/01_-_January/New_York_City_accuses_Brooklyn_judge_of_bias/

http://www.nydailynews.com/blogs/dailypolitics/2012/01/nyc-federal-judge-nicholas-garaufis-who-ruled-fdny-is-discriminatory-in-hiring

http://www.nytimes.com/2012/01/21/nyregion/city-asks-for-removal-of-judge-in-fire-lawsuit.html?_r=1&scp=1&sq=garaufis&st=cse

No Wonder Judge Garaufis, the Center for Constitutional Rights AND the Vulcan Society Believe “Asians are NOT a Minority Group”

Firefighters Brett Munsey, left, and Kenney Chan, do not believe the FDNY is racist.

Perhaps one of the more perplexing things about Judge Nicholas Garaufis’ ruling was the assertion within that Asians were “Not a minority group,” in relation to this decision, especially when Asian-Americans are the MOST UNDER-represented ethnic group in New York City’s Municipal workforce!

It may become LESS perplexing, in light of a recent Queens Chronicle piece by Assistant Editor AnnMarie Costella, which is titled, “Asian Firefighters See no Racism in the FDNY.”

It virtually goes without saying that Asian-Americans are the ethnic group most NEGATIVELY impacted by affirmative action’s preferences. High-achieving Asian-Americans are, in effect, punished for their success and diligence, instead of rightly admired and rewarded for it.

How can anyone argue that the rest of America shouldn’t raise their own standards, in order to adequately compete with them, rather than to tear Asian-Americans down to “level” the proverbial “playing field?"

Kenny Chan, 31, has been a firefighter with Engine 324 in Corona for three and a half years. He is a native of Hong Kong, but his family immigrated to the United States when he was two years old.

He expressed his frustration to Ms. Costella over some candidates getting what he feels amounts to special treatment, given that he and others like him had to study hard to pass the exam. Ms. Costella reported that Ken Chan took classes, prepared thoroughly and built up his physical strength. “It’s like everything I worked for means nothing,” said Mr. Chan, “Why should someone get hired ahead of someone else because of their race? It should be based on who has the higher score on the exam.”

Brett Munsey, 43 and a member of Merit Matters, is of Filipino descent and is a 5-year veteran of the FDNY told Ms. Costella that he greatly enjoys the job and at no time during the testing process or his time in uniform did he ever experience racism by the FDNY or his fellow firefighters.

“From my perspective, there is no bias toward any ethnic group,” Mr. Munsey said. “It’s open to everyone and anyone who is eligible.”

Mr. Munsey, a former Navy-trained nuclear machinist, was living in Seattle when he decided to apply to the FDNY and he wasn’t going to let the daunting amount of travel stop him from completing the lengthy process.

Mr. Munsey saw a notice for the FDNY test on a nationwide firefighter job listing website and decided to apply. He had to fly to New York from Seattle four times at his own expense, paying $250 three times for a round- trip ticket and $500 once when he had to leave on short notice in order to complete each part of the exam — written, physical, psychological and the extensive background check. He is currently trying to create a fraternal group for Asian firefighters similar to the Emerald Society, the FDNY Hispanic Society and the Vulcan Society, since one does not exist.

How can a written exam be “biased” against black applicants, who, for the most part, attend the same New York City schools as do most Asian-American applicants and who DON’T have anywhere close to the same language and cultural barriers?Logically, it simply doesn’t make any sense.

And yet, Vulcan Society President John Coombs has often used Flushing, Queens (a predominantly Asian-American neighborhood) as an example of the FDNY’s language and cultural barriers as a rationale for...hiring more black firefighters?

How does that possibly address the unique issues facing the Asian-American community in New York City?!

Read Ms. Costella’s article at; http://www.qchron.com/news/queenswide/asian-firefighters-see-no-racism-in-the-fdny/article_b00166b3-d682-5d97-bb36-30188d2ff64e.html

JMK

AND...Another Merit Matters Supporter

Merit Matters welcomes The Bravest Football Alumni Association and thanks them, as well as their President Mike Hyland.

So many FDNY organizations have been pounding Merit Matters' doors down in support thaty we can barely keep up with the additions. It is gratifying to see so many organizations willing to stand up for TRUE equality - EVERYONE being held to the SAME high standards.

The Terry Farrell Firefighters Fund Supports Merit Matters

Merit Matters welcomes the Terry Farrell Firefighters Fund and thanks Fund President Brian Farrell for their support.

The Terry Farrell Firefighters Fund's website is; www.terryfund.org

FDNY Baseball Team Supports Merit Matters

Merit Matters welcomes the FDNY Baseball Team with Manager Scott Miller and thanks them for their support!

Another Day....Another Supporter

Merit Matters welcomes the FDNY Columbia Association, as it signs on to support Merit Matters. A sincere thank you to Columbia Association President Keith Tanico.

Making New York’s Agencies “Look Like New York City”

That’s the mantra of those behind the FDNY lawsuit – That, “New York City’s Municipal agencies SHOULD look like New York City.”

We at Merit Matters believe and have always believed that people gravitate to certain jobs based on individual aptitude, motivations and changing social and economic parameters. For that reason, we’ve always said that ANY employer should seek to hire “the best candidates available for the job at hand.”

Some have argued that, “Many exams reward candidates who have a much higher level of basic skills (like reading comprehension) than is needed or necessary to do those jobs.”

What’s wrong with hiring the BEST out of a large group of merely “qualified” candidates?

Why go with the minimally qualified, when you can hire the best qualified? The quality of a workforce matters and in emergency services, the minimally qualified are simply NOT “as qualified” as anyone else. Reading comprehension, an aptitude with tools and physical stamina are all vital requirements and those with MORE of each are simply put, BETTER candidates than those with LESS.

Moreover, the demographic-based case against the FDNY IS, in fact an indictment of EVERY New York City agency, as a recent City Limits article noted, the FDNY is not the only and hardly the worst offender in terms of ethnic imbalance!

According to that City Limits article, “The Census Bureau, which treats race and Latino origin separately (meaning Latinos can be of any race), estimates that New York City is about 35 percent non-Latino white, 28 percent Latino, 23 percent non-Latino black and 12 percent non-Latino Asian.”

SEE: http://www.citylimits.org/news/articles/4038/the-whitest-city-agencies

The current composition of New York City’s workforce is 38 percent white, 36 percent black, 18 percent Latino and 6 percent Asian, according to statistics from the Department of Citywide Administrative Services, which, unlike the Census, DOES consider race and Latino origin to be mutually exclusive.

So the municipal workforce is slightly skewed toward whites (38% of workforce/35% of population or +3% or appx. 9% over-represented) and significantly skewed toward blacks (36% of workforce/23% of population or +13% or appx. 54% over-represented), while both Latinos and Asians are substantially under-represented!

However, several New York City agencies deviate substantially from these overall numbers. The Fire Department is 77 percent white. Several smaller departments (the Landmarks Commission, Office of Emergency Management, Civilian Complaint Review Board and Office of the Mayor) are also more than 50 percent white.

On the other end of the spectrum, the Department of Juvenile Justice is 78 percent black. The Equal Employment Practices Commission is 63 percent black and the larger agencies of Human Resources, Correction and Children's Services are all more than 60 percent black. Latinos and Asians, however, remain under-represented at most of these.

To adequately address the demographic charge facing Judge Garaufis, the entire City workforce would have to be “scrutinized and adjusted.” It must be noted that just as “few candidates from other (non-Latino white) ethnic groups were taking the FDNY Exams,” the same charge that applicants from other (non-Latino black) ethnic groups haven’t been filing for jobs in many of New York City’s other agencies either. Since the FDNY’s $20+ MILLION recruitment effort hasn’t been deemed “enough,” then it would seem to follow that when outreach and recruitment efforts fail with New York City’s other agencies, then “other remedies” will have to be looked at across the board for those agencies as well.

This, of course, is NOT what Merit Matters supports.

We believe that people apply for and gravitate to those jobs they have an affinity for, BUT a court order that would mandate that the FDNY, as a New York City agency, must “look like New York City,” then it’s clear that that order stands for every other New York City agency as well.

We agree with the findings in the above City Limits article, that non-Latino black New Yorkers are heavily over-represented in New York City’s workforce, as both Asians and Hispanics are under-represented, but we’d prefer that the inevitable changes occur organically, rather than be applied by a ham-handed government decree.

JMK