Monthly Law Journal Article: Nonmedical Employee Performance Deficiencies Part One - Traffic Enforcement , 2010 (1) AELE Mo. L. J. 201
     Monthly Law Journal Article: Nonmedical Employee Performance Deficiencies Part Two – Incompetency as a Commanding Officer, 2010 (2) AELE Mo. L. J. 201.
     Monthly Law Journal Article: Promotional Rights and Procedures--Part 1: Vacancies, 2010 (10) AELE Mo. L. J. 201.
     Monthly Law Journal Article: Promotional Rights and Procedures--Part 2: Candidate grading, 2010 (11) AELE Mo. L. J. 201.
     Monthly Law Journal Article: Promotional Rights and Procedures--Part 3: Reverse Discrimination Claims, 2010 (12) AELE Mo. L. J. 201.
     Monthly Law Journal Article: Promotional Rights and Procedures--Part 4: Miscellaneous Claims, 2011 (1) AELE Mo. L. J. 201.

     Various Massachusetts municipal and state employers, in selecting police officers for promotion to sergeant in 2005 and 2008 adapted a test previously developed by a state agency that was an attempt to eliminate race and other improper considerations from employment decisions. Black and Hispanic applicants who were not promoted claimed that the test resulted in an unjustified "disparate impact" in violation of Title VII. Upholding a trial court judgment for the defendants, a federal appeals court ruled that the test was a valid selection tool and that the plaintiffs failed to show that there was an alternative valid selection tool that could have been utilized which would have resulted in a higher percentage of Black and Hispanic officers being promoted. The use of rank ordering furthered the defendants' interest in eliminating patronage and intentional racism, which was a reasonable enough business need, given that there was no showing that rank order selection itself caused any disparate impact. Lopez v. City of Lawrence, Massachusetts, #14-1952, 823 F.3d 102, 100 Empl. Prac. Dec. (CCH) P45561, 129 Fair Empl. Prac. Cas. (BNA) 182 (1st Cir.).
     A police officer was not selected for an open sergeant position. Two candidates with lower scores on the sergeant's examination for selected for appointment instead. He challenged the failure to appoint him on the basis of a Massachusetts state law providing that when a candidate for such a job appointed is other than the candidate who scores highest on the exam for the position, the appointment does not go into effect until the statement of reasons for the bypass are received by the administrator. He argued that the administrator may not delegate that function to the town's appointing authority. The highest court in Massachusetts ruled that the administrator could delegate the administrative task of receiving a statement of reasons, and that the trial judge erred in not carrying out his own review of whether the decision to bypass him was supported by substantial evidence, so further proceedings were required. Malloch v. Town of Hanover, #SJC-11713, 472 Mass. 783, 37 N.E.3d 1027 (2015).
     A town appointed three candidates to police sergeant positions who had lower scores on the examination than the plaintiff. The highest court in Massachusetts upheld the Civil Service Commission's dismissal of the plaintiff's appeal. The court found that there was substantial evidence to support a reasonable justification for the town's decision, and the evidence in the case did not support the argument that the town's procedure for selecting candidates departed from basic merit principles. The decision to bypass the plaintiff despite his higher examination score was supported by the overall low score the interview panel awarded him compared to the other candidates. Sherman v. Town of Randolph, #SJC-11711, 472 Mass. 802, 37 N.E.3d 1043 (2015).
     A group of firefighters claimed that a city failed to provide a fair and impartial promotional process by failing to prevent cheating on a promotional exam for jobs as fire lieutenant. The trial court enjoined the city from making permanent promotions based on the challenged test results. As part of its order, firefighters who underwent a retest, who had scored at certain levels the first time around, were to lose their provisional promotion if their second score deviated more than a specified number of points from their first test score. Firefighters who had not previously been parties to the case claimed that the injunctive order improperly identified them as probable cheaters on the first test and that they were singled out for demotions, as well as having special requirements imposed on them after the second test that did not apply equally to others. The Georgia Supreme Court ruled that these firefighters had a right to intervene in the case because its results had an impact on them. The court also found that the trial court engaged in an abuse of its discretion by creating an injunctive order that singled out these firefighters for specific relief without them being joined as parties to the lawsuit. Barham v. City of Atlanta, #S12A1720, 2013 Ga. Lexis 106.
     A fire captain's injured right knee did not constitute a perceived disability for purposes of a failure to promote discrimination claim under the Americans with Disabilities Act (ADA), 42 U.S.C. Secs. 12101-12213. He claimed that he was not promoted to fire district chief because of the injured knee. The court noted that, despite the injury, he was not disabled from working a broad class of jobs, and was currently employed as a fire inspector. A "perceived disability to perform the fire district chief position is not the same as a perceived disability which materially limits a major life activity." There was no direct or indirect evidence presented that the city regarded him as disabled. He failed to demonstrate that the reasons given for not giving him the job were a pretext. A defendant testified that he chose lower ranking candidates for the available jobs because they were educationally superior and understood the department's vision. The plaintiff, on the other hand, even if he had higher test scores, "did not read the information setting forth the department's vision, and came to the interview unprepared." St. Martin v. City of St. Paul, #11-1716, 2012 U.S. App. Lexis 11281 (8th Cir.).
     A sergeant failed to prove that he was passed over for promotion to lieutenant for political reasons by a Democratic sheriff because he is a Republican, did not donate to the sheriff's election campaign, and donated to and voted for his Republican opponent. The average donations to the sheriff's election campaign by eligible officers not promoted exceeded the average donations of those who were promoted. The plaintiff's "lurid" evidence concerning possible sex discrimination in favor of a female officer who was promoted, including a story about her having sex with a boyfriend in a backyard hot tub in the view of others (and the fact that she was the sister-in-law of one of the sheriff's top advisors) was irrelevant and inadmissible hearsay, since the plaintiff had not claimed gender discrimination in his complaint. He was properly denied permission to amend his complaint to include such a claim 56 months after the suit was filed. "If all that's charged is discrimination on political grounds, any nonpolitical ground that the defendant can prove would have caused the discrimination regardless of the presence of political hostility will preclude liability." Brown v. County of Cook, #11-1953, 2011 U.S. App. Lexis 21513 (7th Cir.).
     "To survive summary judgment on the strength of his credentials, [a plaintiff] must show that his credentials are so superior to the credentials of the person selected for the job that no reasonable person, in the exercise of impartial judgment, could have chosen the candidate selected over the [plaintiff] for the job in question." Abraham v. New York City, #09-2238, 2010 U.S. App. Lexis 19686 (Unpub. 2nd Cir.).
     In a national origin failure to promote case, the Second Circuit declares that "Experience, however, is not a substitute for performance, and defendants had every right to place greater emphasis on the performance evaluations of the candidates for promotion." Performance ratings trump seniority. Estate of Paulette Hamilton v. City of N.Y., #9-4318, 2010 U.S. App. Lexis 24666 (2nd Cir.).
     City not liable for back pay differential where promotions were delayed because of pending litigation and an injunction. State ex rel. Worsham v. Cincinnati, #C-090328, 2010-Ohio-2765, 2010 Ohio App. Lexis 2293 (1st Dist.).
     NYPD lieutenant could judicially appeal his removal from the promotional list for captain after he had copied several questions and his answers to the civil service exam without authorization, and then disclosed them to others. Raganella v New York City Civ. Serv. Cmsn., 2009 NY Slip Op 07206, 86 N.Y.S.2d 681, 2009 N.Y. App. Div. Lexis 7001 (1st Dept.).
     Connecticut Supreme Court rejects a thirty-year past practice claim involving a promotion. Because the position of police captain was outside the bargaining unit, the bargaining agreement was not applicable and the town had the discretion to promote any candidate from the promotional list, irrespective of their examination score. Honulik v. Town of Greenwich, #SC 18046, 293 Conn. 641, 980 A.2d 845, 2009 Conn. Lexis 394 (2009).
     Arbitrator upholds a chief’s decision to bypass an officer who was next in line for promotion to sergeant. During 2008, the grievant made 141 adult arrests, 94 traffic arrests, and wrote 1467 traffic citations. But he also made an arrest for conduct that was not a crime, he was unfamiliar with (or disregarded) department policy, and "made statements and comments about illegal immigrants which reflect a bias and reflect poorly on the department." City of Waco and N, 126 LA (BNA) 567, FMCS #09-01184 (Jennings, 2009).
     A patrol officer was next in line for promotion to sergeant when the eligibility list expired. A new list was created and the officer was not promoted to sergeant until two years later. Although the management sometimes made promotions before a vacancy became official, there was no obligation to do so. Jones v. City of Springfield, #08-2085, 2009 U.S. App. Lexis 1874 (7th Cir. 2009) affirming 540 F.Supp.2d 1023 (C.D. Ill. 2008).
     The fact that Pennsylvania state law allows agencies to hire candidates using the "rule of three" does not allow management to adopt that system to fill a captain vacancy. The agency was obligated to appoint the top-scoring candidate. Bor. of Wilkinsburg v. Colella, #173 C.D. 2008, 2008 Pa. Commw. Lexis 588
     Pennsylvania appellate panel overturns a decision to lower the passing grade on a promotional exam from 70% to 60% to increase the number of qualified candidates. There were four lieutenant vacancies, four persons who scored above 70%, and the mayor could follow the "rule of three." McAndrew v. Mun. Civil Serv. Cmsn. of Scranton, #1373 C.D. 2007, 2008 Pa. Commw. Lexis 325.
     Although the plaintiff worked as an inspector for 32 months, while the person who was promoted had only worked as an inspector for 16 months, there was no evidence that management only promoted on a basis of seniority. Her retaliation claim must fail. Hall v. Forest River, #07-2653, 2008 U.S. App. Lexis 16115 (7th Cir.).
     Federal appeals court rejects claims brought by correctional officers that management denied them due process and equal protection of the laws by "blacklisting" employees who had filed administrative appeals of personnel actions, resulting in them not being considered for promotions and other opportunities. The employees lacked a protected property interest in being considered for employment opportunities and they retained their rank and salaries. Teigen v. Renfrow, #06-1283, 2007 U.S. App. Lexis 29854 (10th Cir.).
     Maryland federal court rejects a suit filed by firefighters and superior officers who contested a policy of basing its promotions on testing and evaluation instead of rank. The policy did violate their equal protection rights and the plaintiffs lacked standing to sue because they could not show they suffered any injury. Finnin v. Bd. of Co. Cmsnrs., #06-3429, 2007 U.S. Dist. Lexis 55408 (D. Md.).
     Illinois appellate court concludes, 2-to-1, that issues relating to the promotion of firefighters to the next highest rank, although outside the bargaining unit, is a mandatory subject of bargaining. City of Bloomington v. Ill. Lab. Rel. Bd., #4-06-0774, 2007 WL 1343807, 181 LRRM (BNA) 3121 (4th Dist.).
     For purposes of the statute of limitations, a failure to promote is not a continuing violation. Deravin v. Kerik, #00CV7487, 2007 U.S. Dist. Lexis 24696 (S.D.N.Y. 2007).
     Arbitrator holds that a county violated the bargaining agreement when it denied a promotion to a worker seeking an investigator position because she lacked an associate's degree, where there was nothing in the contract requiring the degree. Franklin County and Prof. Guild L-1960, 123 LA (BNA) 314, FMCS Case #6/59036 (Smith, 2006).
     Preventing an FBI employee from receiving a promotion constitutes an "adverse employment action." Velikonja v. Gonzales, #05-5030, 2006 U.S. App. Lexis 25675 (D.C. Cir. 2006). {N/R}
     Appellate court rejects a retaliation claim brought by a Hispanic police officer who was passed over for sergeant. In productivity ratings, he placed 16th out of 17 patrol officers in one year and 12th out of 13 the next year. Cotarelo v. Sleepy Hollow Police Dept., #044627, 2006 U.S. App. Lexis 20394 (2d Cir. 2006). {N/R}
     New Jersey's labor board rejects an age discrimination challenge to a new requirement that lieutenants who are promoted to captain possess a bachelor's degree. N.J. State Police and Superior Officers Assn., #SN-2006-030, PERC #2006-68, 32 NJPER 41, 2006 NJPER (LRP) Lexis 39 (2006). [2006 FP Sep]
     Appellate court rejects the claim that a "vacancy" is created in the ranks when a senior police officer is called up for temporary active duty in the military. McElroy v. City of Temple, #03-03-00741-CV, 2006 Tex. App. Lexis 2056 (2006). [2006 FP Jun]
     Arbitrator rejects a union grievance that management improperly allowed a deputy sheriff, who was on military duty, to take a promotional exam at an off-site location. Federal laws protecting military leave rights supercede the bargaining agreement and administrative rules. Palm Beach County Sheriff's Office and PBC Police PBA, AAA Case No. 32-390-100713-04, 121 LA (BNA) 1624 (Smith, 2005; rptd. 2006). [2006 FP May]
     Missouri appellate court finds that a fire chief has the discretion whether or not to make promotions to vacant command positions. "It promotes economy and effectiveness in the personnel services rendered to the City by allowing appointing authorities to decide whether filling available positions would be in the best interest of the department and the City." State ex rel. Killingsworth v. George, #ED85262, 168 S.W.3d 621, 2005 Mo. App. Lexis 831 (2005). {N/R}
     Connecticut Supreme Court interprets the "Rule of Three" to mean the top scoring 3 candidates. By rounding off scores from 2 decimal points to none, the eligible candidate list was enlarged from 3 to 45. Kelly v. City of New Haven, #SC 17331, 881 A.2d 978, 275 Conn. 580, 2005 Conn. Lexis 345 (2005). [2005 FP Dec]
     Although Ohio law "does not specifically order [a civil service] commission to allow police examinees to inspect and protest their exams, it does not mean they cannot." Unless prohibited by law, a commission may adopt appellate procedures for unsuccessful promotional candidates. Ohio ex rel. Fern v. Cincinnati, C-040570, 161 Ohio App.3d 804, 832 N.E.2d 106, 2005 Ohio 3168, 2005 Ohio App. Lexis 2950 (2005). {N/R}
     Appellate court rules against Dallas firefighters who sued the designer of the oral examination segment of the promotional exam for negligence and misrepresentations. The candidates and the union were not a party to the contract or its legal beneficiaries. Dallas Fire Fighters Assn. v. Booth Research Group, 2005 Tex. App. Lexis 986, 2005 WL 289417 (Unpub. Tex. App. 5th Dist. 2005). [2005 FP May]
     After two years of negotiations over a change in firefighter promotion procedures, the union was entitled to a writ of mandate compelling arbitration; appellate court rejects the city's argument, that to ensure compliance with antidiscrimination laws, arbitration was excused. San Fran. Fire Fighters L-798 v. City of San Fran., #A104822, 125 Cal.App.4th 1307, 23 Cal.Rptr.3d 364, 2005 Cal. App. Lexis 69 (1st App. Dist. 2005). {N/R}
     President issues an Order requiring the FBI to create an intelligence group of special agents, analysts, linguists, and surveillance specialists and to "implement a separate career track" allowing intelligence personnel "to pursue their entire career, including promotion to the most senior positions in the FBI, within this cadre." Memorandum on Executive Order 13355 (2004). {N/R}
     State court overturns the process of "rounding" promotional scores because it defeats the "Rule of Three" and would artificially create a larger pool of eligible candidates. In a separate action in federal court, two sergeants win $385,000 in compensatory and $500,000 in punitive damages, for being passed over in retaliation for their bringing legal actions challenging the promotional process. Kelly v. City of New Haven, 2004 Conn. Super. Lexis 68 (New Haven 2004) and Kelly v. Wearning, #3:02-CV-1120 (D.Conn. 2004). [2004 FP Dec]
     Federal appeals court affirms an order correcting the plaintiff's Air Force service record, but it was outside the scope of military review for the Court of Claims to order his reinstatement to active duty at the rank of major, with back pay. Roth v. U.S., #03-5116, 2004 U.S. App. Lexis 16548 (Fed. Cir. 2004). {N/R}
     The decision to not fill or to abolish a position must be made in good faith and not motivated by a political objective. Unless required by its charter to have any particular number of police lieutenants, whether a vacancy must be filled rests in the discretion of the city council. A Civil Service Commission lacks the authority to declare and fill a vacancy. Pugh v. Civil Serv. Cmsn. for Beckley, #31232, 2003 W. Va. Lexis 158 (2003). {N/R}
     Michigan appeals court reinstates an arbitration award directing the city to promote a controversial officer who had shot 4 people is 6 years. Detroit Police Officers Assn. v. City of Detroit, #241574, 2003 Mich. App. Lexis 2850 (Unpub. 2003). [2004 FP Jan]
     Arbitrator declines to set aside a promotion because some candidates used a laptop or materials during the written essay portion. City of Edmond and FOP L-136, 118 LA (BNA) 1094, FMCS Case 031022/00997-8 (Bankston, 2003). [Dec FP 2003]
     Illinois repeals the "rule of three" in firefighter promotions; fire depts. and districts (except Chicago) are now required to establish promotion procedures that are based on written exam scores, seniority, merit, subjective evaluation and veterans' preference. Vacancies and new positions must be filled by promoting the candidate with the highest rank on the eligibility list, unless that individual has a poor work performance history or has engaged in misconduct. H.B.988, Public Act 93-0411. {N/R}
     Persons who had completed their probationary period as newly promoted sergeants had a property interest in that rank, and could only be demoted for cause, even if the promotions were invalid because of an improperly conducted assessment process. Barnthouse v. Edmond, #97350, 2003 OK 42, 2003 Okla. Lexis 45, 19 IER Cases (BNA) 1622, 172 LRRM (BNA) 2768 (2003). {N/R}
     Wisconsin police and fire chiefs may promote officers on a probationary basis. Kraus v. City of Waukesha Police and Fire Cmsn., #01-1106, 2003 WI 51, 662 N.W.2d 294, 2003 Wisc. Lexis 417 (2003). {N/R}
     Arbitrator holds that a person assigned to administer the practical skills portion of a firefighters' promotional exam does not have to be certified in those skills, and need not have taken the exam himself. Moreover, if some portion of an exam is eliminated before or after testing because of unfairness, the exam is still valid because no candidate is at a disadvantage. Candidates must be informed, however, when standards change if they are to be incorporated into the testing process. City of Fort Myers and the SW. Fla. Prof. Firefighters L-1826, FMCS Case #02/08075, 117 LA (BNA) 1441 (Howell, 2002). [2003 FP Apr]
     Appeals court rejects a damage suit filed by a rejected promotional candidate who said the chief blacklisted him because he had been critical of the chief's policies. Bombalicki v. Pastore, #AC 21719, 71 Conn. App. 835, 804 A.2d 856, 2002 Conn. App. Lexis 448,18 IER Cases (BNA) 1791 (2002). [2003 FP Jan]
     Arbitrator upholds the right of management to consider sick leave use when making decisions about promotions and awards for correctional officers. Federal Transfer Center and AFGE L-171, FMCS Case #01/08836, 116 LA (BNA) 1170 (Goodman, 2002). [2002 FP Jul]
     Federal appeals court dismisses a suit by a promotional candidate who was rejected because of allegedly defamatory statements in his personnel file. Defamation is not a federally protected right in nondisciplinary cases. Cannon v. City of West Palm Beach, #00-12568, 250 F.3d 1299, 2001 U.S. App. Lexis 8492 (11th Cir.). [2001 FP 88-9]
     Federal appeals panel upholds chronological age as a neutral tie- breaker for promotional candidates with the same score and seniority. Price v. City of Chicago, #00-3536, 251 F.3d 656, 85 FEP Cases (BNA) 1579, 2001 U.S. App. Lexis 10594 (7th Cir.). [2001 FP 89-90]
     N.J. Supreme Court invalidates police vacancy procedures, but allows those who were unlawfully hired to stay in office. Reuter v. Bor. of Fort Lee, #A-117 S.T 1999, 768 A.2d 769, 2001 N.J. Lexis 329. [2001 FP 73]
     Federal court sustains a jury award of double pay plus $300,000 for emotional distress, for a NYFD promotional candidate who was denied the chance to makeup an exam missed due to military service. Court also sustains his promotion without taking the test because of the city's refusal to offer a makeup exam. Fink v. City of N.Y., #97-CV-6314, 129 F.Supp.2d 511, 2001 U.S. Dist. Lexis 2290, 166 LRRM (BNA) 2923 (E.D.N.Y.). [2001 FP 57-8]
     NYC patrolmen's union stops merit raises for 2,000 officers; management failed to negotiate pay increases, and awarding detective pay to patrol officers would deprive the patrolmen’s union of members. PBA v. City of New York, QDS:22702130, N.Y.L.J. 2-22-2000 (Sup. Ct. 2000). [2000 FP 57-8]
     A retaliatory lowering of promotion scores for exercising their First Amendment rights is a federal Civil Rights violation, even if no one else was promoted. Plaintiffs did not have to show actual economic harm. Suppan v. Dadonna, #98-2129, 203 F.3d 228, 2000 U.S. App. Lexis 1443, 68 L.W. 1474 (3d Cir. 2000). {N/R}
     Appellate court strikes down a college requirement for police sergeants. Management needed to have the city's personnel rules changed before imposing a new qualification for promotion. Nolan v. Hillard, #1-97-4659, 309 Ill.App.3d 129, 722 N.E.2d 736, 1999 Ill.App. Lexis 841. [2000 FP 43-4]
     Promotion or hiring from a tainted roster is not a continuing act, but is the result of previous discrimination. “To allow employees to challenge an eligibility roster during the entire time it is used would be to create substantial uncertainty for employers who have to make important staffing decisions based upon the list.” Cox v. City of Memphis, #99-5789, 2000 U.S. App. Lexis 25942, 2000 FED App. 0370P, 84 FEP Cases (BNA) 1 (6th Cir.) {N/R}
     Arbitrator upholds a firefighter who was passed over for lieutenant. Although previously disciplined for sexual harassment, management reacted to a demand by the N.O.W. that harassers be denied promotions. Although promotion decisions were not grievable, an exception exists when a rejection perpetuates prior disciplinary action. Oakland (City of) and IAFF L-56, 112 LA (BNA) 392 (Silver, 1999). [1999 FP 135-6]
     Appeals court overturns performance rating portion of a sergeant's exam; grading was inconsistent and irrational. Basefsky v. Civil Serv. Cmsn. of Denver, 1999 WL 144126, 1999 Colo. App. Lexis 71. [1999 FP 105-6]
     Appellate court affirms an order to promote a woman sergeant to lieutenant, and to demote a lower-ranked male who had been promoted over her. There was evidence the sheriff had rejected her because of union activities. Sheriff of Jackson Co. v. Ill. St. Lab. Rel. Bd., #5-98-0093, 1999 Ill. App. Lexis 1. [1999 FP 42-3]
     Woman police officer wins $45,000; she claimed that she lost a promotion because of retaliatory action by the chief. Prior trial had resulted in a $500,000 verdict. Hetzel v. Co. of Prince William, (E.D. Va., #94-919A, verdict 11/18/98); on remand from 89 F.3d 169, 1996 U.S. App. Lexis 16698 (4th Cir.). [1999 FP 27]
     Pennsylvania appellate court finds that a city has a managerial prerogative (and need not bargain) when it reduces the minimum service requirement for promotional positions. FOP Rose of Sharon, L-3 v. Pa. Lab. Rel. Bd., 729 A.2d 1278, 1999 Pa. Commw. Lexis 428 161 LRRM (BNA) 2554. {N/R}.
     Arbitrator rejects a union grievance protesting the fact one firefighter was allowed to use a spell-checker during a promotional exam. Misspellings were not counted in the scoring. Delta Twp. and F/F Assn. of Mich., M.E.R.C. # A97 J-0057, 111 LA (BNA) 936 (Sugerman 1998). [1999 FP 169]
     9th Circuit refuses to recognize a legally-enforceable "property right" to a promotion. LAPD sergeants who were passed in favor of candidates with little or no supervisory experience lacked redress. Nunez v. Los Angeles, #97-55139, 147 F.3d 867, 1998 U.S. App. Lexis 11720 (9th Cir.). [1998 FP 105-6]
     A federal court in New Jersey rejects a police captain's civil rights suit complaining that the chief appointed as his deputy, another captain who was a close friend -- alleging personal favoritism and nepotism. The court said the plaintiff's success on a promotional exam did not entitle him to be appointed deputy chief because he lacked a legally-cognizable property right to be promoted. Pollock v. Ocean City, 968 F.Supp. 187 (D.N.J. 1997). [1998 FP 106]
     NJ appellate court upholds use of college credits for promotional purposes; ADEA complaint by older officers is rejected. Esposito v. Twp. of Edison, 306 N.J. Super. 280, 703 A.2d 674, 1997 N.J. Super. Lexis 495. [1998 FP 57-9]
     Length of qualifying time for eligibility for promotion was a management prerogative; there was no duty to bargain with the union. City of Sharon, 29 PPER ¶ 29147 (1998). {N/R}
     A police officer had no legally enforceable right to a promotion because his name was on the top of the list, where the chief had a right to invoke the "rule of three." An earlier statement by the chief that he saw "no reason" to invoke the rule was not enforceable. Olive v. Scottsdale, 969 F.Supp. 564 (D.Ariz. 1996). {N/R)
     Supreme court declines to hear appeal of police officer who was denied a promotion because of a sexual affair with the spouse of a fellow police officer. Henry v. City of Sherman, Tex., 117 S.Ct. 1098 (1997). Texas supreme court had ruled the officer was not entitled to judicial relief. See 928 S.W.2d 464 (Tex. 1996). {N/R}
     Corrections administrator who was indefinitely assigned to replace his supervisor was entitled to be reclassified at the higher grade. Rausch v. Pelligrini, 655 N.Y.S.2d 127 (A.D. 1997). [1997 FP 169]
     Arbitrator upholds chief's ban on the practice of criminal law by police officers; the possibility of a conflict was real, and the prohibition was a reasonable restraint. Moreover, the failure to promote the grievant because he was a lawyer did not violate the bargaining agreement, which allowed the "rule of three." Harper Woods (City of) and Police Ofcrs. Lab. Council, FMCS #96-16880-3 (Chiesa 1997). {FP Doc. #5650} [1997 FP 168-9]
     Federal court declines to adjudicate nonstatutory claims of bias in performance appraisals. Hitchens v. Yonker, 943 F.Supp. 408 (D.Del. 1996). [1997 FP 121-2]
     Texas supreme court affirms decision to pass over a sergeant candidate because he was having an affair with the wife of a fellow officer. Sherman (City of) v. Henry, 928 S.W.2d 464 (Tex. 1996). [1997 FP 90-1]
     Federal court rejects suit challenging St. Louis Police promotions, as based on political clout or race. Ellebracht v. Police Bd., St. Louis, #4:95CV2216-CDP (E.D.Mo. 1996). [1997 FP 41-2]
     Reinstated patrolman was not entitled to be promoted because he was prevented from taking the sergeant's exam during litigation. Greco v. Dept. Personnel, N.Y. City, 640 N.Y.S.2d 509 (A.D. 1996). [1997 FP 42]
     Federal appeals court upholds verdict for a white officer who was denied a promotion because he had shot nine minority citizens. Paskvan v. Cleveland, 1995 U.S. App. Lexis 35535 (6th Cir.); cert. den., #95-1320. [1996 FP 90]
     Promotional candidate with the most seniority did not have a legally enforceable right to be promoted to fire lieutenant. Gallipo v. City of Rutland, 656 A.2d 635 (Vt. 1994). [1996 FP 26]
     Federal appeals court affirms ruling that employees cannot refuse a promotion, resulting in lost seniority, by claiming age discrimination. Hiatt v. Union Pacific R.R., 68 FEP Cases (BNA) 1160, 65 F.3d 838 (10th Cir. 1995). [1996 FP 8-9]
     Ohio supreme court declines to set aside a promotion because the exam contained a questionable preferred answer. State ex. rel. Brenders v. Hall, 71 Ohio St.3d 632, 646 N.E.2d 822 (1995). [1996 FP 9]
     N.Y. high court enforces law requiring management to promote to detective, those patrolmen assigned more than 18 months to those duties. Scotto v. Dinkins, 85 N.Y.2d 209, 647 N.E.2d 1317 (1995); Wood v. Irving, 85 N.Y.2d 238, 647 N.E.2d 1332 (1995). [1996 FP 9-10]
     Federal court concludes that a state police manual did not create a legally binding right to Due Process regarding a fair performance appraisal for Delaware state troopers. Moreover, "policy considerations regarding the role of the Federal Courts strongly support the conclusion that the Manual does not confer a property interest in a performance evaluation, under the logic of Bishop v. Wood, 426 U.S. 341, 347, 96 S.Ct. 2074 (1976). Hitchens v. Yonker, 943 F. Supp. 408, 1996 U.S. Dist. Lexis 16173 (D. Del.). {N/R}
     Fire chief could not appoint "acting" lieutenants and captains without civil service approval. Akron Firefighters L-330 v. Romanoski, 68 Ohio St.3d 596, 629 N.E.2d 1044 (1994). [1995 FP 60]
     Trial court abused its discretion in ordering that police officers be promoted to sergeant after each had been passed over three times. Trosky v. Civ. Serv. Cmsn., 652 A.2d 813 (Pa. 1995). {N/R An Ohio home rule city must adopt clear and specific language to overrule state statutes that pertain to seniority credits for promotional purposes. The power to adopt specific seniority computation rules may be delegated to the city's civil service commission. State ex rel. Regetz v. Cleveland Civ. Serv. Cmsn., #94-1640, 72 Ohio St.3d 167, 648 N.E.2d 495, 1995 Ohio Lexis 1031 (1995). {N/R}}
     NY Firefighters who successfully challenged a promotional exam were not entitled to retroactive pay and benefit differentials. Andriola v. Ortiz, 604 N.Y.S.2d 530, 82 N.Y.2d 320 (1993). [1995 FP 27]
     Federal court rules that employees cannot refuse a promotion, causing them to lose seniority of rank, by claiming age discrimination. Hiatt v. Union Pacific R.R., 859 F.Supp. 1416 (D. Wyo.). [1995 FP 10].
     Federal appeals court overturns the dismissal of a suit for a denied promotion brought by an FBI specialist. Employee was entitled to offer proof the promotion was denied in retaliation for exercising her rights of free speech. Tao v. Freeh, 65 FEP Cases (BNA) 385, 27 F.3d 637 (D.C. Cir. 1994). [1994 FP 172]
     Alabama Supreme Court upholds $150,000 punitive award against city manager who failed to promote the plaintiff to fire captain. Garrett v. City of Auburn, 623 So.2d 1033 (Ala. 1993). [1994 FP 153]
     Promotional candidates who won a suit challenging the test questions were not entitled to back pay differentials or retroactive seniority. NYCFD followed the 1-in-3 rule which allowed the city to pass over a candidate. Andriola v. Ortiz, 82 N.Y.2d 320, 624 N.E.2d 667 (1993); cert. den, 114 S.Ct. 1541 (1994). [1994 FP 121-2]
     Superiors could pass over a candidate for sergeant, even though he scored the highest on the written exam. There was evidence he “had not responded well to supervision and to previous career disappointments... (and) lacked the personal characteristics necessary to function successfully as a sergeant.” Gallo v. Ritter, 600 N.Y.S.2d 131 (A.D. 1993). {N/R}
     Appellate court bans “stockpiling” promotions during the life of an eligibility list. New Haven Firebird Soc. v. Bd. Fire Cmsnrs., 32 Conn.App. 585, 630 A.2d 131 (1993). [1994 FP 76-7]
     Supervisory skills are an important element in a police lieutenant's exam. When that portion of the exam was eliminated (because of a security problem) the exam was not fair. Boston Police Superior Officers Fed. v. Civil Serv. Cmsn., 624 N.E.2d 617 (Mass. App. 1993). {N/R}
     Dept. must restore captaincy to officer who held a probationary promotion, because of inadequate documentation of reasons to reduce him from that rank. Cohen v. Koehler, 60 FEP Cases (BNA) 58 (N.Y.App.Div. 1992). [1993 FP 10]
     Ohio city could not add an oral component in disregard of a state statute requiring exams to be in writing. Fraternal Order of Police L. 67 v. City of Maple Heights, 77 Ohio App.3d 674, 603 N.E.2d 291 (1991). [1993 FP 107]
     Federal court dismisses suit for denied promotion brought by an FBI specialist. The courts will not intervene to rectify alleged misjudgments or perceived unfairness. Tao v. Sessions, 808 F.Supp. 24 (D.D.C. 1992). [1993 FP 123]
     N.J. appellate court upholds a standardless oral examination process used for promotions. Fairness does not require recorded responses, uniform guidelines for interviewers or an answer key. Burke v. Twp. of Franklin, 261 N.J.Super. 592, 619 A.2d 643 (1993). [1993 FP 138-9]
     Under the “Rule of Three,” a city is not required to explain or justify why it passes over one candidate and selects another. Sharp v. Co. of Los Angeles, 18 Cal.Rptr.2d 406 (App. 1993). [1993 FP 172]
     Dept. must restore captaincy to officer who held a probationary promotion, because of inadequate documentation of reasons to reduce him from that rank. Cohen v. Koehler, 60 FEP Cases (BNA) 58 (N.Y. App.Div. 1992). [10]
     California appellate court rules that promotional candidates are not entitled to see worksheets of interviewing panels. Secrecy is an important concept which promotes integrity in the oral examination process. Brutsch v. City of Los Angeles, 3 Cal.App.4th 354, 1992 Cal.App. Lexis 120, 4 Cal.Rptr.2d 456. [1992 FP 58-60]
     Appellate court invalidates “temporary” promotions in Philadelphia Police Dept. Commissioner should have ordered competitive examinations. F.O.P. Lodge 5 v. City of Philadelphia, 590 A.2d 384 (Pa.Cmwlth. 1991). [1992 FP 90-1]
     State which requires promotions to be based on “merit, seniority and examination” did not allow a city to eliminate candidates who scored poorly on the written and oral portions of the exam. Peoria Police Sergeants v. City of Peoria, 574 N.E.2d 1240 (Ill.App. 1991). [1992 FP 122-3]
     Police officer was not entitled to inspect a promotional examination or get a copy of his answers under the state open records act. Civil Serv. Cmsn. v. Pinder, 812 P.2d 645 (Colo. 1991). [1992 FP 123]
     Dept. not required to honor a past practice of promoting the top-scoring candidate where the law allowed an agency to appoint from the top five candidates. Stephens v. Metro. Water Dist. Chicago, 579 N.E.2d 1 (Ill.App. 1991). [1992 FP 155]
     Sergeant, provisionally appointed a lieutenant to fill a vacancy [caused by discrimination litigation], lacked a legal basis to contest his demotion. Russo v. White, 775 F.Supp. 639 (S.D.N.Y. 1991). [1992 FP 171-2]
     Police officer was entitled to review the sergeant's exam which he failed. Civil service commission lacked a good reason to deny him access under the state's open records act. In re Request for Access; Civil Serv. Cmsn. v. Pinder, 795 P.2d 1368 (Colo. App. 1990).
     Article: Radford, “Sex stereotyping and the promotion of women to positions of power,” 41 Hastings L.J. 471 (1990). {N/R}
     Chief could pass over promotional candidate who was under investigation for drug dealing. If exonerated, rejected employee has no preferential right to promotion. Kercado v. Ward, 564 N.Y.S.2d 109 (A.D. 1990).
     Police chief could pass over a candidate for sergeant because he had used a large amount of sick time and had been the subject of citizen complaints for excessive force. Ruskin v. Ward, 561 N.Y.S.2d 241 (A.D. 1990).
     Unsuccessful candidates for chief could not maintain a federal civil rights suit for unfair advantage because successful candidate attended an executive development seminar. Plaintiffs lacked a legally protected property interest in the promotion. Silva v. Witschen, 745 F.Supp. 798 (D.R.I. 1990).
     Appellate court refuses to order city to offer make-up exam to sergeant who could not take final part of the lieutenant's exam because of an off-duty injury. Power v. Dept. of Personnel, 557 N.Y.S.2d 373 (A.D. 1990).
     City could also defend its failure to promote an officer on the basis of derogatory information learned after his promotion was rejected. Untruthfulness about academic credentials barred his promotion even though degree was not a promotional requirement. Gilty v. Vil. of Oak Park, 919 F.2d 1247 (7th Cir. 1990).
     Unsuccessful promotional candidate is not entitled to a hearing on his rating by an evaluation panel. Subjective evaluations of candidates by the raters does not give rise to a presumption of bias or prejudice; actual proof required. Young v. Bd. Fire & Pol. Cmsnrs. of Mt. Prospect, 1st Dist. #1-89-3033, 207 Ill.App.3d 652, 566 N.E.2d 331, 1990 Ill.App. Lexis 1880. {N/R}
     Illinois court holds that unless a civil service law allows a private remedy, a passed-over employee cannot sue because his superiors ignored the Act. Davis v. Dunne, 545 N.E.2d 539 (Ill.App. 1989).
     City must fill lieutenant vacancy before abolishing the position; the person promoted would have preemptive rights for next vacancy. Zavisin v. City of Loveland, 541 N.E.2d, 44 Ohio St. 3d 158 (1989).
     Untruthful pre-employment representations [about educational qualifications] could disqualify a permanent employee from future promotional opportunities. Gilty v. Vil. of Oak Park, U.S. Dist. Ct. Case #87-C-7178 (N.D. Ill. 1989).
     A county sheriff did not violate the state's Employment Relations Act by refusing to supply the police union with copies of written promotional examination; the test was an ongoing examination procedure which would be completely destroyed if test questions were given to union. Kent Co. Sheriff and Kent Co. Dep. Sheriff's Assn., #C89-D-100, 3 MPER (LRP) P21,008, 1989 MPER (LRP) Lexis 144 (Mich. Emp. Rel. Cmsn. 1989). {N/R}
     Appellate court holds that Kansas City did not have to fill a captain vacancy and that Chief could appoint any person on an eligibility list, absent a law requiring him to do otherwise. Edwards v. Brookfield, 779 S.W.2d 328 (Mo.App. 1989).
     A divided Ohio supreme court holds that city is legally required to fill a vacancy for rank of Lieutenant. State ex rel. Bardo v. City of Lyndhurst, 37 Ohio St. 3d 106, 524 N.E.2d 447 (1988).
     Unmethodical review of promotional candidates, where some eligible persons were not even discussed, invalidated the final selections. Montgomery Co. v. Anastasi, 549 A.2d 753 (Md. App. 1988).
     Arkansas supreme court holds that cities may not use seniority as a factor in promotions, absent statutory authority. Worth v. Civil Serv. Cmsn. of El Dorado, 746 S.W.2d (Ark. 1988).
     Mayor not obligated to promote from allegedly tainted eligibility list, until matters of integrity are resolved. Gannon v. Mayor or Revere, 401 Mass. 232, 515 N.E.2d 1195 (1987).
     City could refuse to promote a fire captain to chief of the emergency medical division, and could create new civilian post with same job description, outside of civil service system. Sosa v. City of Corpus Christi, 739 S.W. 2d 397 (Tex.App. 1987).
     Chief could change and downgrade performance ratings after citizen complaint, even though fire and police commission found against those charges and reinstated the employees. Arnold v. Engelbrecht, 518 N.E.2d 237 (Ill.App. 1987).
     Federal court rules that placement on a promotional list can be a “property right” entitling unsuccessful candidates to sue in federal court for civil rights violations. Drogan v. Ward, 675 F.Supp. 832 (S.D.N.Y. 1987). Note: See Nunez v. Los Angeles, 147 F.3d 867 (9th Cir. 1998), which held that promotional exams cannot be challenged in federal court, except for Title VII bias or other federally-protected right, because candidates lack a legally-enforceable property right to a promotion.
     Civil service commission could delegate function of interviewing captain candidates and conducting the oral exam. Anderson v. Police Civil Serv. Cmsn., 414 N.W.2d 389 (Minn. 1987).
     Arkansas throws out oral exam for fire captain; panel did not have "model" answers and no record of answers was kept. Bennett v. Blytheville Civil Serv. Cmsn., 733 S.W.2d 4145 (Ark. 1987).
     State labor relations board, not courts, have jurisdiction over complaint that a fire captain's position was not funded. Sampieto v. West Have Bd. of Fire Cmsnrs., 200 Conn. 38, 509 A.2d 28 (1986).
     City could promote firefighter with uninterrupted service ahead of classmate who quit and returned; both had equal scores. Tapia v. City of Albuquerque, 717 P.2d 93 (N.M. App. 1986).
     Lieutenant awarded $45,000 for being passed over by chief on promotional eligibility list; jury found bad faith. City of Riviera Beach v. Fitzgerald, 492 So.2d 1382 (Fla. App. 1986).
     Pennsylvania city under no legal obligation to give an exam and fill a vacant supervisory position.
     City had duty to fill vacant lieutenant positions in fire dept. before expiration of list; suit proper remedy. D'Agnostino v. City of New Britain, 7 Conn. App. 105, 507 A.2d 1042 (1986).
     New York City must fill chief position with exam; unlawful to assign deputy chief to perform chief's duties. Joyce v. Ortiz, 487 N.Y.S.2d 746 (A.D. 1985).
     Chief must appoint eligible candidates to vacant positions of fire captain; no discretion to ignore vacancies. International Assn. of Fire Fighters Local 936 v. Townsend, 622 S.W.2d 56 Appeals court upholds “Rule of three” as a rational way to limit political favoritism; reject arbitrariness arguments. Wisconsin Prof. Police Assn. v. Waukesha County, 381 N.W.2d 598 (Wis. App. 1985).
     Promotion candidates must first contest procedures via administrative appeal before filing suit. Sharkey v. City of Stamford, 196 Conn. 253, 492 A.2d 171 (1985).
     City not obliged to promptly remove fire lieutenant for felony conviction so that next in line could be promoted. Rutherford v. City of Portland, 494 A.2d 673 (Me. 1985).
     Promotional exams can be unwritten and unrecorded; examiner can be an outside consultant. Lynch v. Tiffenbach, 14 Ohio App.3d 174, 470 N.E.2d 445 (1984).
     Trial court refuses to order production of test answers and other scores in suit by unsuccessful candidate for fire lieutenant. Town of Glastonbury v. Freedom of Information Cmsn., 39 Conn.Sup. 257, 476 A.2d 1090 (1984).
     Civil service has implied authority to invalidate test results if unknown candidates have cheated. Cox v. Kern Co. Civil Serv. Cmsn., 203 Cal.Rptr. 94 (App. 1984).
     Unsuccessful promotional candidate not entitled to access to personnel files of other candidates. Side v. City of Cheney, 679 P.2d 403 (Wash. App. 1984).
     City could not pass over deputy chief (for promotion to acting chief) because of his union activities. Town of Burlington v. Labor Relations Cmsn., 459 N.E.2d 125 (Mass. App. 1984).
     City could not “curve” the test results in its firefighter test; only a raw score of 70 could be used. Local 773 AFL-CIO v. City of Bristol, 39 Conn. Supp. 1, 463 A.2d 628 (1983).
     New York trial court upholds a “role playing” module as part of the lieutenant's exam. Carroll v. Ortiz, 470 N.Y.S.2d 978 (Misc. 1983).
     City could lower the passing grade on its lieutenant's exam to reflect “standard deviation”: considerations. Bruno v. LeBow, 464 N.Y.S.2d 141 (A.D. 1983).
     Where a candidate's answer is as good or better than test answer, the question must fail. Esposito v. Nadel, 461 N.Y.S.2d 288 (A.D. 1982).
     N.Y. high court sets standard for contesting exam questions; rejected candidates need only show their answers are at least as good. O'Back v. Nadel, 57 N.Y.2d 626, 439 N.E.2d 863 (1982).
     Federal court should not invalidate promotional exam simply because questions did not directly relate to public safety employment, where there is no disparate impact on minorities. DiLulio v. Bd. of Fire & Police Cmsnrs., Northlake, 682 F.2d 666 (7th Cir. 1982).
     Court upholds chief's use of "assessment center" to aid him in selecting promotional candidates under “Rule of three.” Keller v. City of Columbus, #80CV-11-5953 (Cm. Pls. Franklin Co. 1982).
     A statute authorizing promotional exams does not mandate that procedure; recommendation of chief sufficient. Canipe v. Abercrombie, 293 S.E.2d 647 (N.C. App. 1982).
     Chief could pass over a promotional candidate because minority community resented him, and officer had not matured since prior racial shooting incident. Larkin v. Sardino, 79 A.D.2d 1096, 435 N.Y.S.2d 843, 1981 N.Y. App. Div. Lexis 10044 (A.D. 1981).
     Civil service test examiners may round-off scores to nearest whole number to create larger pool of candidates. Ash v. Police Cmsnr. of Boston, 418 N.E.2d 622 (Mass App. 1981).
     Promotional job interview is a “non-competitive” examination; chief could not be demoted for alleged irregularities in his appointment. Charley v. Felzer, 428 A.2d 1052 (Pa. Cmwlth. 1981).
     Board cannot throw out exam results for "cheating" activity without some substantial proof of claim. Seay v. Board of Fire and Police Cmsnrs. of Peoria, 417 N.E.2d 887 (Ill.App. 1981).
     Persons who challenge promotional rejections in federal court are bound by state statutes of limitations. Burns v. Sullivan, 619 F.2d 99 (1st Cir. 1980).
     Seventy percent passing grade means an average of composite scores, not simply on written test. Myers v. Twp. of Redford Fire & Police Cmsn., 292 N.W.2d 698 (Mich. App. 1980).
     Appellate court upholds requirement of three years of service in sworn ranks as precondition for promotion; exclusion of civilian service to department not arbitrary. Cannatella v. City Civil Serv. Cmsn. of New Orleans, 381 So.2d 278 (La. App. 1980).
     Creation of a “Merit System” implies application of fundamental principles of universal recognition; appellate court rejects one county's process. Burns v. Sheriff's Merit Cmsn. of Piatt Co., 407 N.E.2d 1134 (Ill.App. 1980).
     Appellate court in Illinois affirmed the right of a department to reorganize its chain-of-command; patrol officers could compete with detectives for sergeant positions. The court refused to recognize the creation of vested rights. Hoffman v. Bd. of Fire & Police Cmsnrs. of Peoria, 408 N.E.2d 98 (Ill.App. 1980).
     Federal appeals court upholds one-year duty requirement for sergeant candidates; no sex discrimination shown. McCosh v. City of Grand Forks, 24 FEP Cases 1683, 628 F.2d 1058 (8th Cir. 1980).
     Seniority, for promotional purposes, means last period of continuous employment; prior service not cumulative. Firemen's and Policemen's Civil Serv. Cmsn. of Lubbock v. Taylor, 607 S.W.2d 631 (Tex. Civ. App. 1980).
     City obligated to hold make-up exam in reasonable time. McKernan v. City of New York Civil Serv. Cmsn., 487 N.Y.S.2d 504 (Misc. 1985), aff'd 503 N.Y.S.2d 572 (A.D. 1986) mentioned above.2 (Tex. 1981).
     City must fill unfunded vacancy by promotion; Ohio Supreme Court defines what is meant by appropriated positions. State ex rel Pell v. City of Westlake, 415 N.E.2d 289 (Ohio 1980).
     When a person holding a permanent position in the classified service is removed or discharged by the appointing authority and there is an appeal, no vacancy exists to which a permanent promotion can be made. In the interim, a temporary emergency promotion can fill the need. If an interim promotion is invalid, in the absence of bad faith, dishonesty or fraud, the promoted person is entitled to compensation at the higher pay grade. Adams v. Goldner, 79 N.J. 78, 397 A.2d 1088, 1979 N.J. Lexis 1175.
     Promotional candidates who alleged rigged procedures had no property right to elevation, but stated a federal case due to political discrimination. Hermes v. Hein, 479 F.Supp. 820 (N.D. Ill. 1979).
     City's delay in promoting persons who scored highest on eligibility list did not entitle them to back pay. Orrell v. City of Hot Springs, 578 S.W.2d 18 (Ark. 1979).
     Illinois appellate court upholds proficiency ratings in promotional process; use of personal observation held proper. Hauri v. Batzel, 389 N.E.2d 257 (Ill.App. 1979).
     Administration has wide discretion in selecting criteria for promotions on “fitness and merit”. St. Louis P.O.A. v. McNeal, 585 S.W.2d 70 (Mo.App. 1979).
     Person scoring highest on promotional list may be passed over for reasons of departmental efficiency; detailed reasons need not be disclosed. Matheson v. Firemen's and Policemen's Civil Serv. Cmsn. of Denton, 587 S.W.2d 795 (Tex. Civ. App. 1979).
     Prior service requirement in subordinate positions not excused by "job freeze'. Canava v. Keys, 403 N.Y.S.2d 306 (1978).
     Appellate court refused to invalidate exam on basis of claimed "irrelevance" or to lower passing score to classroom norms. Graffeo v. City of New Orleans, 351 So.2d 1311 (La. App. 1977).
     Supreme Court holds that minority employees who failed to apply for promotions can recover pay differentials under Title VII, because submitting an application under discriminatory promotional policies would have been futile. Teamsters v. U.S., 431 U.S. 324, 97 S.Ct. 1843 (1977). {N/R}
     Police officer who was unable to take a promotional exam while he was appealing his termination loses his suit because he was not allowed to take a promotional exam while on appeal. City had a “Rule of three” and no single person had a right to a promotion. McCoy v. Bd. Fire & Police Cmsnrs. of Hanover Park, 79 Ill.App.3d 742, 398 N.E.2d 1020 (1979); see also 369 N.E.2d 278 (Ill.App. 1977). {N/R}
     Uninterrupted service for seniority purposes is constitutional. Garcia v. City of Warren Civil Serv. Cmsn., 261 N.W.2d 19 (Mich. App. 1977).
     Texas court upholds civil service rule that breaks ties on promotional exams. Lee v. Firemen's and Policemen's Civil Serv. Cmsn. of San Antonio, 526 S.W.2d 553 (Tex. Civ. App. 1974).
     A promotional examination, even though partially subjective, complies with the law if it contains standards which are sufficiently objective to be challenged and reviewed. Oral sessions are permissible, if the questions are of like character and nature, and the candidates have an equal opportunity to compete against each other under similar conditions. Civil Serv. Cmsn. v. Frazzini, 132 Colo.21, 287 P.2d 433 (1955). {N/R}
     N.Y.C. Fire Commissioner was not authorized to compel captains, who were eligible for appointment to battalion chief, to perform the duties of battalion chiefs recurrently and for long periods of time unrelated to any temporary emergency without increase in pay and without permanent appointment. O'Reilly v. Grumet, 308 N.Y. 351, 126 N.E.2d 275 (1955). {N/R}
     The "best answer" is different from an “acceptable answer,” and the examining authority is entitled to make a judgment. If candidates are permitted to choose several alternatives, the test loses its objective nature. Blumenthal v. Morton, 273 A.D. 497, 78 N.Y.S.2d 302/at 305 (1948). {N/R}
     See also: Arbitration, Civil Serv., Demotions, Eligibility Lists, Examination Techniques, Out-of-Title Assignments; Race Discrimination, Residency Requirements, Seniority.