agency: Promote people in the order set by a certified list, and issue rules that detail how that listshould be certified.Decades ago, the Board promulgated a rule that lays out a strict timeline for reviewingand approving promotion exam scores. Section 1 limits the time between a test administrationand certification of a final list of scores.
The Board must publish a list of ranked scores ―within
120 working days after the completion of an examination involving 100 or mo
Civil Service Rules and Regulations of the C
ity of New Haven (―Local Rules‖)
, Rule IV,Sec. 1.
Section 2 sets the effective date for a list; ―an eligible list shall be in effect from the dateon which it is promulgated.‖
, Rule IV, Sec. 2. And Section 3 fixes an expiration date for acertified list.
A list ―shall be in effect for a period of at least one year but no more than two yearsfrom the date of promulgation.‖
, Rule IV, Sec. 3.In most cases, the Board has had little trouble meeting
deadlines. But in 2003,the agency encountered a hurdle
when the Board reviewed a set of test results, it foundevidence that the exam might have violated federal law.B.
The 2003 Firefighters TestThe eleven plaintiffs in this case are firefighters for the City of New Haven. In late 2003,they took an exam to qualify for promotions within their department. The City only offers thetest every two years, so the stakes were high for applicants. Firefighters
―studied for months, atconsiderable personal and financial cost.‖
, 557 U.S. at 593. Nervous applicants expectedto receive their scores within a few months, after the City
had reviewed and certified the exam‘s
results. Until then, the results remained confidential.In early 2004, the City reviewed the results of the 2003 tests, ranked test takers in orderof performance, and realized that only one person of color had scored high enough to earn
Case 3:10-cv-01038-SRU Document 59 Filed 02/06/13 Page 3 of 26