Case 21: Suffolk County, NY
Pro-quota Testing Firm SHL / Landy-Jacobs Opposes Equal Treatment

Racial Preferences = Racial Discrimination

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In "Candace Carrabus, et al. v. Alan Schneider, Personnel Officer of the County of Suffolk, et al." U.S. DOJ-approved testing firm SHL / Landy-Jacobs opposes equal treatment in this affidavit.

2. Rick Jacobs Affidavit 6/28/00

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

RC-1541
In the matter of the Application of

CANDACE CARRABUS, CHRISTOPHER BARRY and all other Petitioners similarly situated as set forth and described in the Petition,

Petitioners,

-against-


ALAN SCHNEIDER, PERSONNEL OFFICER OF THE COUNTY OF SUFFOLK AND SUFFOLK COUNTY.

Respondents.

AFFIDAVIT OF RICK JACOBS IN SUPPORT OF MOTION TO VACATE TEMPORARY RESTRAINING ORDER
For a Judgment pursuant to Article 78 of the Civil Practice Law and Rules directing that Alan Schneider, Personnel Officer of the County of Suffolk and the County of Suffolk comply with those provisions of the Civil Service Law of the State of New York and teh Suffolk County Code which obligate Respondents in the performance of their duties to offer and certify a competitive Civil Service Test based upon merit and fitness and to certify and supply answers to the 1999 Suffolk County Police Exam.

CV00-2805 (ILG)
STATE OF NEW YORK
COUNTY OF SUFFOLK
)
)
ss.:

          RICK JACOBS, being duly sworn, deposes and says that:

          "1.      I am the Chief Operating Officer of SHL, North America, a consultant firm specializing in assessment and testing.

          "2.      I submit this affidavit in support of Suffolk County's motion to vacate the temporary restraining order.

See
SCAN
SCAN of original affidavit
of
Jacobs
Affidavit
          "3.      I have been with SHL since March of 1998 when my former firm, Landy, Jacobs and Associates, was acquired by SHL.  Landy, Jacobs and Associates was also in the business of assessment, with specialization in testing for public safety organizations.  I was the senior vice president of that firm for 16 years.

          "4.      I also hold the position of Professor of Psychology of Penn State University.  I have been on the faculty at Penn State since 1979 with responsibilities for undergraduate and graduate education as well as research.  A copy of my curriculum vitae, detailing my work history and past accomplishments is attached to this affidavit.

          "5.      During the past 20 years I have participated in teaching, research and practice with respect to testing for employment.   In this time I have developed and implemented police testing programs in departments across the United States including New York City; Buffalo, New York; Akron, Columbus, Cleveland and Cincinnati, Ohio; Miami, Florida; Colorado Springs, Colorado; Wilmington, Delaware; and St. Louis, Missouri.  I have also worked on testing programs for state police in Massachusetts, New York, Florida, Delaware, and Illinois.

          "6.      In the course of my involvement in this work, I have seen the selection of police officers evolve from simple programs focusing on the single domain of cognitive abilities to more complex models that more fully measured the necessary skills, abilities and personal characteristics requisite for successfully forming [sic] responsibilities of law enforcement.

          "7.      SHL, North America contracted with Suffolk County to research and construct an exmaination for the position of police officer for its police department slated for administration in May, 1999.

          "8.      In the testing program designed for Suffolk County, a project team from SHL performed a job analysis to detail the tasks performed by Suffolk County police officers in order to better understand the required cognitive abilities, as well as personal attributes, that contribute to success in the job of Suffolk County police officer.  These analyses were conducted by SHL testing specialists using the expertise of incumbent police officers and their supervising sergeants in the Suffolk County Police Department.  The methods used included observations, interviews and surveys.

          "9.      The results of these analyses were consistent with those done in other departments, and indicated that the test developed must not only assess cognitive abilities, but also biographical information and work styles.  With this in mind, SHL designed a complete written assessment device for the 25,000+ candidates expected to compete for the vacancies in the Suffolk County Police Department.

         "10.     In order to fully understand the relationship between the test [we] developed and actual job performance, another study was conducted to demonstrate the relationship between test scores and job performance.   The study included over 200 currently serving Suffolk County police officers.   The participants in the study were randomly selected in a manner that resulted in a sample that had similar characteristics to the department as a whole.  That is, the sample was representative of the department in variables such as age, experiences, percentage of females and percentage of minorities.  Each officer in the study was evaluated by his or her immediate supervisor using an appraisal instrument designed by SHL for use in the study.  The incumbent officers were also administered the entry level test for police officers.  Each participating officer received a cognitive ability test score, six scores on the biographical inventory, and 26 scores in the work styles instrument.

         "11.      Utilizing the data collected described above, SHL documented the relationship between test scores and job performance apply[ing] methodologies recognized and accepted in the field.

         "12.     The results of the study indicated that both the biographical and work style scales were extremely important for the prediction of police officer performance.  It was also found that cognitive abilities [general intelligence and reasoning ability] had only a small, non-significant, relationship to job performance.  The study was also used to determine the weights to be applied to the various test scores and in what manner each test score would be applied.   The resultant study and its underlying data were submitted to the United States Department of Justice for review by experts of its choosing.

"[--missing or garbled paragraph--] ... maintained high levels of validity."

         "14.     SHL conducted its study and constructed the examination in conscious conformity to current legal standards including the Uniform Guidelines on employee selection procedures, as well as professional practices in the field.

         "15.     I understand that the petitioners in this matter allege that the cognitive component was not scored or used.  This is completely in error.  The cognitive items were scored.

         "16.     The selection device requires that a candidate achieve a passing score on the cognitive ability test to remain in the competition for appointment.  Once a candidate qualified based upon passing the cognitive test, cognitive ability test scores, along with scores from the biographical inventory and work styles survey were weighted to form a composite score.  A composite score reflected the relationship uncovered in the study incumbent with police officers.  This system was applied to all candidates in exactly the same manner and the resulting list was provided to Suffolk County by SHL.

         "17.     I understand that the petitioners in this matter assert that the final composite score should not be used to select candidates and, instead, the eligibility list should be created based only on the cognitive test scores.  This would lead to both a poorer prediction of job performance, and a massive adverse impact.  In effect, Suffolk County would be using a selection system that minimizes validity while maximizing adverse impact.  This would clearly violate not only the Uniform Guidelines, but also sound testing practices."

Dated:   Hauppauge, New York
             June 28, 2000
                                                 BY:     /s/ notarized signature of Rick Jacobs 6/28/00.

Note: Readers may review a scan of the original Rick Jacobs affidavit by clicking the arrow icon at the right. See
SCAN
SCAN of original affidavit
of
Jacobs
Affidavit

Additional Background and Info:

The federal Uniform Guidelines on Employee Selection Procedures (Recommended)

Judge Derails Hiring of Cops in Suffolk County (05/19/00)

The Role of Minority / Quota Consultant SHL Landy Jacobs


END Case 21: (2) Affidavit of Rick Jacobs, SHL Group

 

Case 21:
(1) Suffolk County Police
Main Page
Case 21:
(2) Affidavit of Rick Jacobs, SHL Group
Case 21:
(3) Appeal by Plaintiffs
Case 21:
(4) U.S. DOJ brief against Plaintiffs
Case 21:
(5) Opinion and Order turning down Plaintiffs' appeal

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*  We use the term reverse discrimination reluctantly and only because it is so widely understood.  In our opinion there really is only one kind of discrimination.