|2. Rick Jacobs Affidavit 6/28/00
|UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
matter of the Application of
CARRABUS, CHRISTOPHER BARRY and all other Petitioners similarly situated as set forth and
described in the Petition,
ALAN SCHNEIDER, PERSONNEL OFFICER OF THE COUNTY OF SUFFOLK AND SUFFOLK COUNTY.
OF RICK JACOBS IN SUPPORT OF MOTION TO VACATE TEMPORARY RESTRAINING ORDER
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.
COUNTY OF SUFFOLK
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.
"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
"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.
|Suffolk County Case Index
"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
"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.
Readers may review a scan of the original Rick Jacobs affidavit by clicking the arrow icon
at the right.
Additional Background and Info:
Uniform Guidelines on Employee Selection Procedures (Recommended)
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