Merit Matters

The Vulcan/CCR Lawsuit Looks Very Much Like a WIN-WIN for the Bloomberg Administration

2012-02-01T20:46:00.000-08:00

You have to wonder...I mean despite all their over-the-top rhetoric equating Michael Bloomberg to George Wallace, their lawsuit is giving the Bloomberg administration the biggest two-pronged economic boom it could ever have wished for!

The hiring freeze makes the closing of Fire Companies a virtual certainty due to the increasing under-staffing, while the skyrocketing overtime numbers will, no doubt be used to fuel the coming hard push for “serious and drastic pension reform.”

What of their charge that “It’s the Bloomberg Administration’s fault for fighting the Vulcan Society to begin with”?

What of it?!

The fact is that they deliberately locked the Bloomberg administration into that fight by charging the current Mayor with “deliberate discrimination,” a laughable charge given that non-Latino blacks are the most OVER-represented ethnic group in the New York City workforce (23% of NYC’s population and 36% of its Municipal workforce).

Without that one single charge, it’s doubtful the Bloomberg administration would’ve ever been in court. After all, their fight, unlike Merit Matters isn’t about standards, it’s about clearing the administration’s name from that scurrilous charge.

But that bridge has been crossed, those die have been cast, we are where we are and there’s no way to avoid giving this administration more than enough ammunition and justification for significant firehouse closings and serious, if not draconian pension reforms.

Some have speculated that the FDNY’s under-staffing will only be extended and exacerbated by the coming “new exam" (Exam #2000), which initial reports claim requires disciplined note taking and sound reasoning skills. If that’s true, speculation is that it will render a far LESS diverse result than did Exam 6019 (a/k/a “the opinion survey”).

If that speculation turns out to be even remotely true, then the under-staffing will almost certainly extend out possibly for another 3 to 5 years.

Should that happen, attrition will almost certainly make it impossible for the FDNY to staff its existing compliment of firehouses around the city, virtually assuring a significant number of closings.

Before that happens, the skyrocketing overtime in the field will boost the pensions of retiring members to unprecedented levels, fueling the cry for massive and systemic pension reform.

Already a public, in which defined benefits pensions are almost nonexistent, is supportive of major pension reform by something like 70% to 30%!

Whether anything the Vulcan Society does attracts more minorities to the ranks of the FDNY, it will almost certainly change this job – reducing the number of firehouses (and jobs) and decreasing the compensation for all future workers (via the coming pension reforms).

Those are two very good reasons the Bloomberg Administration should, at the least, put the Vulcan Society and the CCR on its Christmas card list!

JMK

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

2012-01-29T09:21:00.000-08:00

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

2012-01-27T13:01:00.000-08:00

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.

2012-01-27T07:38:00.000-08:00

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

2012-01-25T08:47:00.000-08:00

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

2012-01-25T08:32:00.000-08:00

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...

2012-01-23T06:05:00.000-08:00

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

2012-01-21T12:45:00.000-08:00

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”

2012-01-19T15:46:00.000-08:00

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

2012-01-18T14:37:00.000-08:00

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

2012-01-18T09:39:00.000-08:00

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

2012-01-17T16:50:00.000-08:00

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

Another Day....Another Supporter

2012-01-17T09:19:00.000-08:00

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”

2012-01-13T20:09:00.001-08:00

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

Supporters Keep Coming in....

2012-01-12T15:24:00.000-08:00

Both the FDNY Retirees (Staten Island Division) AND The United Retired Firefighters Association (URFA) an umbrella group representing over 16,000 retired FDNY members in 26 Chapters across the USA, President John Sollazzo and Vice President Paul Cinquemani have endorsed Merit Matters and we are deeply grateful!

Another Day...Another Merit Matters Supporter - Today It's The FDNY Football Team!

2012-01-12T12:19:00.000-08:00

Merit Matters welcomes the support of the FDNY Football Team with President Troy Roberts. Merit Matters is humbled and grateful for our expanding list of supporting organizations!

Is the FDNY Vulcan Society Leadership’s Stance Anti-Union?

2012-01-12T10:09:00.000-08:00

One of the ironies of the legal assault on merit and standards (the FDNY’s standards have been low for quite some time) by the Center for Constitutional Rights (CCR) and the Vulcan Society leadership is that some of their primary arguments against merit and standards must be music to the City Negotiator’s ears. That would be the ones that go, “Firefighting is no more dangerous than most other professions,” and that “Fires will ultimately go out by themselves, so it doesn’t really matter who responds to them.”

How does the UFA and the UFOA go about seeking raises when statements like that, from Fire Officers within their ranks, are on record?

In fact, how does the City not look to roll back pay and benefits in light of such statements?

Some have maintained that the Unions COULD argue that those statements are the kind often made by Officers many allege to be notorious for often not making the fire floor of the fires they’ve responded to, but such a defense would be IMMATERIAL from the City’s standpoint.

Those statements were, in fact, made and they were made by active duty Fire Officers.

It’s long been argued in academic circles that such Municipal jobs could be turned into employment for the poor and underprivileged simply by reducing, if not eliminating the competition from College educated applicants and the most effective way of doing that would be to freeze pay rates and reduce benefits until such positions are no longer tenable, let alone attractive to College educated applicants.

In fact, recently The 2nd U.S. Circuit Court of Appeals in New York upheld a lower court’s decision that the city did not discriminate against Robert Jordan, a 49-year-old college graduate, who took the exam in 1996, scoring 33 points, the equivalent of an IQ of 125, but New London police interviewed only candidates who scored 20 to 27, on the theory that those who scored too high could get bored with police work and leave soon after undergoing costly training, on the grounds that the same standards were applied to everyone who took the test.

That bit of academic supposition (that lowered standards, along with lowered pay and benefits would increase the hiring of the chronically unemployed and unemployable) is probably correct, but it rests on the SAME view offered by at least one Vulcan Society leader that “Fires will generally go out on their own regardless of who responds,” OR that qualifications are superfluous.

THAT, of course, is a deeply flawed proposition.

Fires DO NOT go out of their own accord, EXCEPT due to a “lack of fuel,” which means when the fuel supply (buildings, contents, etc.) is eventually exhausted.

We don’t witness many, if any “fuel-starved fires” in New York City because of a well-trained, professional firefighting force and an aggressive interior attack strategy.

What the Vulcan Society’s leadership and those academics are, in fact, arguing for is a stripped down, skeleton of the existing FDNY, one that would simply defensively fight fires and write off those entire blocks where fires occur as “ancillary fuel loads.”

So, apparently there exist at least two visions for the FDNY, the UFA’s and the UFOA’s vision of a well-trained, professional firefighting force, which is predicated on its current “aggressive interior attack” model and the Vulcan Society’s leadership model predicated on a less well trained (substandard applicants are not going to do well with advanced training), defensive force that would work for lower pay and fewer benefits.

It all comes down to which vision for the future of the FDNY and the future of New York City you support.

JMK

The Convoluted Linguistic Arguments of the Vulcan Society Leadership

2012-01-11T08:51:00.000-08:00

In a recent interview, Vulcan Society President John Coombs brought up the “communication barrier” as a reason why the FDNY should hire...more black firefighters?!

Let’s be a little more specific here.

Non-Latino blacks have the lowest rate of bi-lingualism in New York City. So, how exactly, would hiring more black firefighters address the purported “communication barrier,” in anything but a negative way?

Moreover, and this can’t be stressed enough, non-Latino blacks are the MOST OVER-represented ethnic group in NYC’s Municipal workforce. According to a recent article in City Limits (http://www.citylimits.org/news/articles/4038/the-whitest-city-agencies), non-Latino blacks comprise 23% of New York City’s population but 38% of its Municipal workforce! That means that non-Latino blacks are the ONLY ethnic group in NYC to be OVER-represented by more than 10% their numbers in the city’s population!

Ironically enough, Hispanics and Asians (a group NOT considered a “minority” in judge Garaufis’ ruling) are both UNDER-represented in NYC’s workforce in relation to their numbers in the city’s population!

Merit Matters supports outreach and inclusion of ALL ethncities, so long as merit and standards are maintained, just as it supports the idea of new immigrants assimilating into American society and learning English – “the language of commerce and opportunity in America.” New York City's Emergency Services positions (FDNY, NYPD, etc.) all require a valid NY State driver's license and a H.S. diploma or GED that would appear to indicate a fluency in English.

Merit Matters does NOT support the ridiculous idea that “minority groups are inter-changeable,” that a non-Latino black = a Hispanic, which = an Asian. Merit Matters supports individualism and looking at both individuals and various ethnic groups as individually distinct from each other.

Merit Matters OPPOSES proportionalism (counting by race/ethnicity and mandating what workforces look like), while acknowledging that outreach and recruitment is a useful tool for EVERY New York City agency. There are at least 6 other New York City agencies that are more racially imbalanced than the FDNY. Ideally EVERY New York City agency should reflect the city's ethnic diversity but NOT at the expense of merit and standards.

FDNY Asian Society Formation Committee Led by a Merit Matters Division Rep

2012-01-11T08:21:00.000-08:00

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The Merit Matters 14th Division Rep, Brett Munsey is leading the effort to form an FDNY Asian Society. The formation committee has been added to our list of supporters.

Merit Matters Welcomes Two New Supporters....

2012-01-10T19:14:00.000-08:00

Merit Matters is happy to welcome two new supporters;

FDNY Florida Retirees Martin/St Lucie Division

President Bob Checco

And we are especially proud and honored to have received the support of The Sgt Chris Engeldrum FDNY VFW Post #12033

Post Commander John Gormley

Merit Matters welcomes and thanks ALL those who stand in support of equality of opportunity (everyone being held to the SAME standards and measured by the SAME methods) and equality before the law.

White Applicants for Upcoming FDNY Test Given Special Treatment Denied to Blacks, Asians, Hispanics and Others

2012-01-09T15:43:00.000-08:00

Merit Matters Press Release

Monday, January 9^th, 2012

Merit Matters has become aware of a “pilot program” approved by Special Monitor Mark Cohen and Judge Nicholas Garaufis that will benefit one group of applicants while excluding all others- and the race of the applicants is the sole determining factor in the decision to do so.

The bold headline at the top of this page is correct in all but one point- it is blacks who are being afforded special treatment, and whites and others who are being excluded.

Those who were outraged upon reading the headline should still be outraged; why wouldn’t they be? Discrimination against one is discrimination against all, is it not? As Supreme Court Chief Justice John Roberts has opined, the way to stop discrimination based on race is to stop discriminating based on race.

The “pilot program” (which is worrisome, as a pilot program is often expanded and becomes entrenched as official policy) to visit the homes of black applicants (and no other group) to allow them to “follow up” on incomplete applications is completely unacceptable to Merit Matters, and should be to everyone. Immediately upon learning of it we made numerous requests to the FDNY Recruitment Unit, FDNY EEO Unit and the Special Monitor because, while we don’t believe anyone should be allowed to submit a “completed” application 4 months after the application period has ended, if one group is allowed to all should be and Merit Matters would provide volunteers to visit all applicants- regardless of race. Our requests, which were first made before Christmas, were turned down and the first of three weekends of visits occurred this past weekend.

Another worrisome aspect of this episode is the reaction- or, more correctly, the lack of a reaction- to this blatantly racist act by the FDNY EEO Unit. In our contacts with them we urged that this Unit take whatever action is necessary to oppose and stop this discriminatory action or else explain how it does not violate FDNY EEO Policy which reads in part:

“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...”

The advice given to us by EEO was to contact the NYC Law Department (which, to its credit, opposed this pilot program but was forced to comply with the court’s order), an avenue we were already pursuing. We responded by advising that an issue such as this is squarely in the EEO area of concern and should be addressed by them - but our advice went ignored. Perhaps the new leadership doesn’t realize that the first “E” in EEO stands for “Equal”, not “Extra”.

Merit Matters continues to call for equal treatment for all candidates and will visit anyone and everyone if the court allows. Time is of the essence, however, as the test is scheduled to begin at the end of February.

Please contact me with any questions.

Paul Mannix

President - Merit Matters

516-848-9847 cell

Litigation Update: The 2nd Circuit Court of Appeals

2012-01-08T18:49:00.000-08:00

No one is working harder than our attorney, Keith Sullivan, and his law partner Jay Galleshaw - no one. For the next two weeks all conversations should begin, "Have you signed the Merit Matters petition yet?".

If you think this only pertains to the entry test, think again. On Saturday January 7, 2012 Paul Washington was quoted in the Amsterdam News saying: "The (number of black FDNY) firefighters are still only 3 per cent and the officers are 2 per cent- less than 40 are Black officers". The recent New Haven 20 case concerned a Lieutenant and Captain test, and on the 1983 NYPD Sergeant test the same argument was being used- disparate impact. Hundreds of cops who had failed that test were promoted. How would you like to attend promotion classes and study group for years only to be told you are not being promoted because of the color of your skin?

EVERYONE and ANYONE can sign the petition - firefighters, civilians, family, friends. All who care about equal treatment and the safety of NYC residents and firefighters will have no hesitation signing.

Have you signed the Merit Matters petition yet?

Paul Mannix

President - Merit Matters

516-848-9847 cell

Litigation Update: The 2nd Circuit Court of Appeal took the VERY rare step of granting an expedited briefing schedule and expanding the briefs from 30 to 60 pages. A clear indication they realize this is a very important case and one that will likely land at the steps of the US Supreme Court. So, the work begins on drafting the appeal for Merit Matters as Amicus Curia ("Friend of the Court"), essentially an advisory appeal to the Court addressing all of the issues from our perspective. This is literally my 24/7 job for the next two weeks. Most appeals are written over months! S&G will get it done. If you have not already done so, PLEASE sign the petition on our website below. On the main page, go to the "Pro-Bono" link and then under the Merit Matters symbol click "Learn More Here". Pass it along, this is your job, your future and the City's safety, we are doing this pro-bono and not getting a penny but need your support in circulating the petition. The more electronic signatures the greater our numbers are for the Court.

Keith Sullivan & James Galleshaw

Merit Matters THANKS Our Newest Supporters....

2012-01-05T15:44:00.000-08:00

Merit Matters thanks our newest supporters, the

Company Officers Association

President Joe Principio

the

FDNY Anchor Club

President Bill Greco

AND

The FDNY Holy Name Society (Manhattan, Bronx & Staten Island)

President: Joe Bryant

AND

The FDNY Holy Name Society (Brooklyn and Queens)
President: Joe Murphy

JUST the FACTS

2012-01-02T09:56:00.000-08:00

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As there are delicate flowers that wilt when opinions contrary to theirs are presented, we will herein present “just the facts”. We also call on Vulcan President John Coombs to participate in a debate with me regarding the issues surrounding FDNY integration and the current lawsuit. It can be held at Vulcan Hall with a moderator of his choosing. Our contact information is at the top of this page. We also remind everyone that our essay contest, discussed in our release dated 12/30/11, is again open for entries. Now, some facts:

Current Vulcan Society leaders have been quoted, and we can provide the sources, making the following statements:

“The fire department killed Jamel Sears!”

Speaking of quotas: “...if they set numerical goals, the Vulcan Society would be all for that”.

“We just want more black firefighters on the job”.

Discussing the 1970s Federal court order that required the FDNY to hire one black for every three other candidates (a quota that resulted in blacks comprising almost 8% of the firefighting ranks): “That was good then, and we’d love to see that return even higher. We are not averse to the most radical of methods. If that’s what has to happen, that’s fine with us”.

FDNY promotion tests are “pretty fair” and allow black firefighters to advance; “the problem is getting in the front door” due to entrance exams that are biased. When asked in print to explain how one form of a written test could be fair and another not, this leader failed to answer.

About firefighting: “...there is some danger involved in the job but not nearly as much as people think”.

More on firefighting: “...fires eventually go out; it doesn’t matter who fights them”.

“I got a little upset and spoke out in a way that I shouldn’t have” said one leader after stepping out of the City Council Chamber to collect himself. He was referencing an audible comment he made while then - Commissioner Nicholas Scoppetta was testifying. The comment asserted that Scoppetta wanted to make the FDNY 99% white. We don’t believe any disciplinary action was taken in this case.

“Mayor Bloomberg is a new version of George Wallace, who said, ‘Segregation now. Segregation tomorrow. Segregation forever.’” We are again unaware of any disciplinary action resulting from this personal attack.

There is one FDNY leader who was also a Vulcan who we agree with: Gus Beekman, one of two black FDNY Commissioners, said that rather than expecting special programs or simplified exams, applicants should be dedicated to becoming firefighters and must work hard on their own.

The Vulcan Society has aligned itself very closely with Black Panther/City Councilman Charles Barron, who once infamously said that he wanted to slap a white person to aid his mental health. There are so close that Capt. Paul Washington and he were photographed engaging in what was described as a “scuffle” with police and, in fact, Capt. Washington was arrested on that same day. Disciplinary action? We are unaware of any. Capt. Washington has also pronounced Malcolm X is one of his heroes and has repeated his call to violence, “by any means necessary”, when discussing FDNY integration.

A Vulcan member defied orders and attempted to gain entrance to a firehouse to have lunch with President Obama. He thought protocol should be waived because he was black and the Vulcans supported him in this belief. This defiance of orders has, to date, not resulted in any disciplinary action we are aware of.

There are more facts to review but for the time being we will stop here. Our goal is to point out that although the Vulcan leadership supports quotas (which discriminate on the basis of race), apparently has little if any respect for the dangers of firefighting, apparently is free to show disrespect to superiors and defy orders without consequence, can freely align themselves with someone who makes blatantly racist comments and even accuses FDNY members of killing someone, Merit Matters must be censored.

Go figure.

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

If You Can’t Beat ‘em...Censor ‘em

2011-12-30T09:02:00.000-08:00

December 30, 2011

The Department Order issued yesterday that prohibits the posting of opinions or viewpoints anywhere in quarters is concrete evidence that Merit Matters is winning the debate. This Order is the direct result of complaints made earlier this month about the letters and Press Releases we have been issuing, but instead of responding with sound, solid arguments in opposition our opponents have instead demanded censorship. There is no truer indication of victory.

We recommend all comply with this order. We also advise all that this will not affect our activities- we will continue to advocate for the residents and firefighters of NYC utilizing other avenues of communication and ask that you help by forwarding our messages to all you think would be interested. You can also help spread the message by buying and wearing our t-shirts.

As a reminder… anyone who disagrees with us has been able for over a year now to submit an essay on the topic, “Merit Matters is wrong because…”. We had originally sponsored a contest with a prize of $100 for the best entry but received no essays (see our posts dated 11/17/10 and 1/23/11 for details). We will now open the contest again.

Between today and the first day the new FDNY entry test is administered (whenever that may be), the best essay explaining “Merit Matters is wrong because…” will be permanently posted on our website, distributed to all our supporters and result in $100 being donated to a mutually agreeable charity. We are confident in our positions and welcome examination of them; we have no need of censorship.

Paul Mannix

President, Merit Matters

516-848-9847 cell

The Latest Update on FDNY Exam 2000

2011-12-15T20:38:00.000-08:00

Here is the latest on the upcoming FDNY Exam #2000.

Note: the CPAT will be used.

As of yet we have been unable to confirm the proper e-mail address to use for FDNY members who want to be involved in the information sessions (which we encourage); I recommend calling the Recruitment Unit at HQ for information.

Paul Mannix
President, Merit Matters
Cell: 516-848-9847

Fourth Amended Notice of Examination for Firefighter, Exam No. 2000

Dear Firefighter Applicant:

This notice provides you with updated information about the Firefighter examination.

As previously mentioned, the first part of the Firefighter examination will be the computer-based test, which is expected to be administered beginning late February or March 2012.

Before you take the computer-based test, you will have the opportunity to view a computer-based tutorial so that you are familiar with computer-based testing and the various question types. By January 11, 2012, it is expected that the tutorial will be available for viewing on the DCAS website at http://www.nyc.gov/dcas. You are strongly encouraged to view the tutorial. The City of New York does not endorse or recommend any particular commercial test preparation course.

If you pass the computer-based test, you may be scheduled, depending on the number of vacancies within the FDNY, to take the physical part of the Firefighter examination. The physical ability test used will be the Candidate Physical Ability Test (CPAT), which is scored on a pass/fail basis. This test consists of a series of 8 events designed to assess the ability to perform the physical aspects of the job of a Firefighter. The test events are: stair climb, hose drag, equipment carry, ladder raise and extension, forcible entry, search, rescue and ceiling breach and pull. Please note that there will be a period of at least several months between the time when the computer-based test is given and when any applicants will be scheduled to take the CPAT.

A more detailed description of the physical test will be distributed to you before any scheduling for the CPAT begins, and is expected to be available for viewing by April 2, 2012 on the DCAS website at http://www.nyc.gov/dcas. You are strongly encouraged to view this information.

UPDATED FDNY Entry Exam Information

2011-12-07T15:43:00.000-08:00

For your information- here is the latest (as of 12/6/11) on issues surrounding the next test. Be advised - details and dates are subject to change.

Date- testing to begin late February/early March 2012. Test is expected to run for a 5 week period.

Tutoring/ test preparation- an on-line tutorial is expected to begin 1/11/12. Information and Tutorial Nights are scheduled to begin the week of 2/6/12.

These will be a one-time opportunity for each applicant to attend an in-person event at one of approximately 35 locations. There will be various dates. Firefighters and Fire Officers will be needed to staff these events and be trained on an overtime basis. If you are interested (and we encourage you to participate) send an e-mail to:

recruitment@fdny.nyc.gov Put "FIT Session Instructor" in Subject Line.

Applicants will be allowed to re-schedule their assigned test date one time.

If you were scheduled to show up and are a no-show, however, you will not be allowed to re-schedule.

There are expected to be multiple forms of the exam and a randomization of questions.

Admission notices should be received by 1/27/12.

All applicants should be receiving bi-weekly E-Alerts with relevant information, updates, changes etc. from Recruitment.

It is unclear whether the CPAT will be used as the Physical test.

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

FDNY Rugby supports Merit Matters

2011-12-07T06:26:00.000-08:00

We are happy to announce that the FDNY Rugby Team has joined the list of supporters of Merit Matters. We are also a little concerned.

Rugby players are crazy, so we don't quite know how this is gonna play out. I played a little rugby in high school but that was a long time ago so I'm a little afraid of these guys.

In any event we thank President Ron Kemly and the FDNY Rugby Team for their support.

Paul Mannix

MERIT MATTERS PRESS RELEASE - Friday, December 2nd, 2011

2011-12-02T09:23:00.000-08:00

Merit Matters Press Release

December 2, 2011

While the lawsuit against New York City and the FDNY has produced some truly ridiculous and confusing rulings, arguments and statements one thing has remained consistent and well understood - the apparent contempt held by Judge Nicholas Garaufis for firefighters and the FDNY. Two topics related to firefighting in NYC seem to particularly gall him - the racial makeup of the FDNY and the fact that firefighters have a habit of recommending the job to friends and family. In criticizing us for these sins, however, Judge Garaufis is throwing stones in a glass courthouse.

According to him, because the expensive and extensive efforts to integrate the FDNY (including quota hiring in the 1970s and more than $20 million spent on recruitment since 1989) have not produced a racial balance he is comfortable with, the FDNY is “a stubborn bastion of white male privilege”. Be advised -what has been stubborn is the city’s repeated attempts to integrate, and our employment is not viewed as a privilege, but something precious to work hard for and earn.

White males comprise approximately 90% of the firefighting ranks in the FDNY- almost exactly the percentage of white males in the Federal judiciary. There is a critical difference, however - firefighters earn their jobs via a competitive civil service merit system; Federal judges are appointed via a patronage system where crony politics often intrudes. Now that this similar racial and gender imbalance has been pointed out, perhaps Judge Garaufis will avoid charges of hypocrisy and resign so as to provide an opportunity for a member of an underrepresented group to be appointed. After all, this is what he has imposed on Candidates for firefighter whose hiring he has prevented.

As glaring as the hypocrisy just outlined is, it pales in comparison to the scathing criticism Judge Garaufis has thrown at the FDNY as it relates to friends and family. According to him, any advice or help given by current FDNY members is out of bounds although it is well known that the Vulcan Society also engages in this practice. Let’s examine how friends and family of the Judge are connected to his recent appointment of a Special Monitor for the FDNY.

On November 9, 2011 Mark Cohen was appointed to this position and authorized to review and approve any aspect of the FDNY hiring process as well as to overhaul the procedure for investigating discrimination complaints (the city has vowed to appeal this appointment). Mr. Cohen’s name was not submitted for consideration by any of the parties (and, in fact, the Vulcan Society objected to him for reasons that were not disclosed) but Judge Garaufis chose him anyway; this mirrors the earlier selection of Robert Morgenthau as Special Master for this case. Morgenthau’s name was also not suggested by any party; he was instead chosen by the Judge but had to drop out within four days because of past conflicts with Mayor Michael Bloomberg.

Who is Mr. Cohen? He was an attorney for the Department of Justice in the Eastern District from 1990-1995 and worked at a private law firm after that. He has been described as not having much civil rights or labor experience, but he does have a law partner named Lawrence Gresser.

Who is Mr. Gresser? He comes from a long line of Queens politicians (Garaufis also has a long history of prominence in Queens politics) and was himself Queens Deputy Borough President under Donald Manes. His wife, Carol Gresser, had been President of the Board of Education, and they are very good friends of Nicholas Garaufis, even attending the annual New Year’s Day party at the Garaufis home after receiving what is described as “a VIP invitation to be treasured”.

Mr. Gresser is also a Trustee of the Citizens Budget Commission from which, as luck would have it, Elizabeth (Betsy) Seidman (wife of Nicholas Garaufis) received consulting fees in 2008, 2009 and 2010. Among the fundamental beliefs of the CBC are a desire to serve the interests of the citizenry at large rather than narrow special interests; a belief that it is wrong to waste precious public resources, financial or human; and that it is important to focus on the well-being of future New Yorkers. I submit that in line with the CBC’s self-described reputation for independence and objective research they should look into the damages possibly visited upon NYC by a narrow special interest group (the Vulcan Society) that is wasting precious financial resources (and perhaps human if fire deaths increase) which may lead to a Fire Department that may not protect future New Yorkers. An inquiry such as this would seem to be a natural for the CBC and I would be happy to assist them.

Who is Michael Tremonte? He was a law clerk for Nicholas Garaufis from 2000 (the year Garaufis was appointed to the bench) until 2001. He then worked for Mark Cohen and Lawrence Gresser from 2003-2008. In 2008 he became an Assistant U.S. Attorney in the Eastern District (where Cohen worked and Garaufis presides). I wonder if any phone calls were ever made on behalf of Mr. Tremonte.

What just happened on the 19^th floor at 800 Third Avenue in Manhattan? Well, on November 2, 2011 (one week before Mark Cohen was announced as Special Monitor although his name had not been submitted by any of the parties and was, in fact, opposed by the Vulcan Society) it was announced that the law firm of Cohen and Gresser signed a 10 year lease for that floor, adding to their offices on the 20^th and 21^st floors. In what I am sure is a complete coincidence, Mr. Cohen’s employment as Special Monitor is expected to last 10 years.

Where does all this information leave us? Should a Special Monitor be appointed to review and approve all aspects of selecting Federal judges? Should the CBC, government agencies or members of the media ask a few questions about the aspects related to the selection of Special Monitor Cohen and the network of family and friends surrounding it?

I at least have one request of Judge Garaufis: if he decides not to resign so as to increase diversity, or forego the benefit of family and friend connections, he should at least have the decency to stop delivering sanctimonious lectures to us on these topics

Anyone with questions or who would like to learn more, feel free to contact me.

Paul Mannix

President Merit Matters

516-848-9847 cell

Note: Mr. Mannix is an FDNY Deputy Chief but does not represent the FDNY in this Release.

More U.S. Military Veterans Suffering Sgt Dakota Meyer's Fate....

2011-11-07T18:23:00.000-08:00

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On September 23, 2011 we issued a Press Release regarding Medal of Honor recipient Sgt. Dakota Meyer and how he needed help fighting a bureaucracy. Due to the help of people like you his request, which had to that point hit a dead end, immediately began receiving attention. Unfortunately the judge approved the one option Sgt. Meyer said from the beginning he would not accept- an extension of the filing period for him alone and no one else- and Sgt. Meyer, true to his word, declined to take advantage of it even though it meant he would not be able to take the next test. Our admiration for him only grew because of this action.

We are now asking you to help not just one Marine but many other members of the US Armed Services who through no fault of their own have also been caught up in a bureaucratic snare. Read Keith Sullivan's filing (see attachment) about Greg Della Valle's predicament and then, as you did for Sgt. Meyer (who Greg served with), forward it to anyone you know in the media or elected and other officials and ask them to do what they can to help. Greg is not asking for special treatment; he was not treated fairly and just wants a fair shot.

His name may be familiar to you and that may be because he approached Merit Matters earlier this year for help. We were happy to help him then and now and Greg has always graciously thanked us when he has appeared in the media.

Anyone with questions can contact me or Keith Sullivan. I thank you in advance for whatever help you can provide.

Paul Mannix

President - Merit Matters

Cell: 516-848-9847

www.meritmattersusa.blogspot.com

FDNY Boxing Team supports Merit Matters

2011-11-07T05:47:00.000-08:00

We are happy to announce that the FDNY Boxing Team officially supports the goals of Merit Matters. Our thanks go out to President Bob McGuire and the team.

If you step into a boxing ring without strength, ability, preparation and commitment you stand to get yourself very badly hurt. If you step onto the fireground without these you stand to get yourself, your fellow firefighters and the citizens you are supposed to be protecting very badly hurt- or killed. This would seem to be common sense but as we have seen common sense isn't common or, what is worse, it is ignored for ideological or selfish reasons.

On November 19th the FDNY boxing team will square off against the NYPD. This is always a great night - plan to attend and support The Bravest. Once again, we thank Bob McGuire and the Boxing Team for their support. If your group would also like to be listed along with our other supporters please contact us at any time.

Paul Mannix