(KTVI - myFOXstl.com) -- Your safety is at stake according to St. Louis City Director of Public Safety Sam Simon. This week Simon sent St. Louis Fire Chief Sherman George a warning - promote battalion chief and fire captain vacancies or, face disciplinary action which could include being fired.

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Supporters Rally Around Fire Chief Sherman George

Chief Sherman George
ST. LOUIS, MO (KTVI-myFOXstl.com) -- African Americans are rallying around St. Louis Fire Chief Sherman George over the promotions standoff. They say Mayor Francis Slay is micromanaging the fire department. FOX 2's Bonita Cornute has more details on their show of support

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ACLU Gets Involved With City Hall And Fire Dept. Issues

(KTVI - myFOXstl.com) -- Saint Louis' Director of Public Safety: out. A new man: in, but the new boss is certainly not the same as the old boss. Instead the city shakeup is designed to break up a years long logjam of promotions at the fire department. A new twist Monday night, the ACLU is getting involved. FOX 2's Andy Banker has more details.

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Charles Bryson Is New City Safety Director

A shake up just days before the racially charged battle over long delayed St. Louis city fire department promotions comes to a head. St. Louis’ Public Safety Director, Sam Simon, suddenly resigned Monday. His replacement is Charles Bryson, the mayor's deputy Chief of Staff. The big question is what does this mean for the promotions which are supposed to happen by this Friday. FOX 2's Chris Regnier has the details.

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St. Louis Public Safety Director Resigns

ST. LOUIS (AP) -- St. Louis City's Director of Public Safety is resigning from his position.

Mayor Francis Slay announced the resignation Monday morning and said the move is effective immediately. Advertisement

Slay's statement says Sam Simon quit his post to pursue other opportunities, but does not elaborate beyond that.

Simon will be immediately replaced by Charles Bryson, who previously served as Slay's Neighborhood Development Executive.

Simon grabbed headlines last week when he told St. Louis Fire Chief Sherman George to either promote a group of firefighters or face disciplinary action.

The promotions have been controversial because George says the promotion system is unfair.

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Firefighters Entrance Exam

City personnel director Rick Frank, by now a seasoned veteran of litigation surrounding the adequacy of tests to select and promote public employees, has cancelled the results of a recent exam that would have begun the process of hiring some new firefighters. Not every person who passed this test would have qualified to become a firefighter, but no one who failed it would ever have had the opportunity to join our Fire Department.

The personnel department cancelled the results of the test, which was devised by a company brought to the personnel department by Chief Sherman George, because Rick found that this specific test had an “unusually” low rate of passage. Just 30 percent of the applicants received passing grades in some general education subjects like reading comprehension and simple mathematics. For any test-giver, this level of failure signals some fundamental problem – and, these days, is a pretty good predictor of litigation.

Most of the ambitious young men and women who took a test that required mastery of some fundamental skills failed it, despite having arrived at the testing center with at least a high school diploma. The high failure rate, then, may be indicative of the aptitude of the test takers, the inadequacy of their education, or some flaw in the test or its methodology.

So, Rick is going to offer another test – just as rigorous as this test, but skipping the video screen format that this test used and replacing it with more traditional pencil and paper materials. If the same applicants fail it, Rick will have a better idea of what the problem is – and is not.

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Promotions, Now An Order

The most important issue for City residents and businesses is whether or not the Fire Department has the right people doing the right jobs. With one-third of the management jobs of the Fire Department being filled on a temporary basis, no one can be certain that the right people are working. That’s why the Public Safety Director, the President of the Board of Aldermen, and I have all urged the Fire Chief to make formal promotions.

He has not taken the suggestion.

On Tuesday, the requisition for the promotions was set to expire. The chief had not promoted anyone. In fact, he had not interviewed anyone, nor had he requested more time. So, the Public Safety Director asked for and received an extension. And, he has now directed the Fire Chief to make the promotions by the end of the day on September 14th.

Let’s be clear. The Public Safety Director’s order does not tell the Fire Chief who to promote. Rather, it tells him to select his captains and battalion chiefs from a list of eligible, tested firefighters — and to do it right now.

The most important issue for most firefighters — black and white -— is that the most qualified firefighters get the promotions. The City’s Director of Personnel has examined the test on which the promotion list is based — and he said it was valid. A Federal judge has examined the promotions test and, after hearing testimony from everyone involved, he said it was valid, did not discriminate, and legitimately tested the skills, knowledge, and ability needed to be a captain or battalion chief in the St. Louis Fire Department.

There are no excuses left.

The Fire Chief understands the chain of command. I believe he will obey the order. He knows that if he disobeys a direct order, he will face whatever appropriate disciplinary measures his supervisor selects and the Civil Service rules will allow.

I support the Fire Chief and hope he decides to do the right thing. But, it is time to make the promotions and move on.

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Fire candidates did poorly on test

By Jake Wagman

ST. LOUIS POST-DISPATCH

09/05/2007

ST. LOUIS — Scores of aspiring city firefighters could not answer basic math and reading questions on an entrance exam given this summer.

More than 70 percent of about 1,350 applicants failed the test, according to city personnel director Richard R. Frank. The city plans to scrap the results of the exam and retest all of the applicants at a later date.

That decision comes amid simmering tensions in the department over another exam — the promotional test for existing firefighters — that was the subject of a prolonged federal lawsuit.

“The last thing I want to do is use some examination that is going to be so controversial that it lands us in court again,” Frank said today.

The July test was the first part of an entrance exam that applicants must pass before qualifying to take a physical fitness test. Candidates who pass both phases are eligible to become fire privates, the lowest rank in the department.

But, Frank said, the vast majority of applicants taking this year's test did not fare well enough on the reading comprehension or arithmetic questions on the test to advance.

“They obviously could not read and respond to the questions appropriately,” Frank said. “There was basic math questions that they were not able to complete.”

Such as: Each length of hose is 30 feet long. The fire is 90 feet away. How many lengths of hose are needed to reach the fire?

“We're talking about elementary level skill,” Frank said.

Though Frank did not have immediately available the passage rates for previous exams, he said that a 70 percent failure rate was “highly unusual.”

The exam was designed by Ergometrics, a Seattle-firm that distributes entry-level exams for a wide-range of jobs, from prison guards to bank tellers. Company officials did not return repeated requests for comment today.

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From the Mayor's DeskFriday, August 31, 2007

Simon Said?

Did an action taken by the City’s public safety director, Sam Simon, nearly leave the Fire Department without some necessary firefighting equipment? It is a question worth asking, but only if one is willing to accept the truth as an answer.

Five years ago, two St. Louis firefighters died tragically. Their widows filed suit against the manufacturer and distributor of some of the Department’s equipment. In the course of the first trial, testimony suggested that equipment might be defective. Both widows are convinced the equipment contributed to the deaths of their husbands.

Armed with that information, Simon wrote to the distributor asking for a $1.2 million refund. The distributor responded by offering to remove the equipment, but without refunding any cash. Simon declined. At no point did Simon ever order the equipment removed.

That’s the simple chronology that "supports" the baseless assertion by some partisans that Simon’s actions were improper. And that assertion, of course, inflames critics of Chief Sherman George, who see his hand behind charges made against his boss.

Meanwhile, the second trial is underway, and the equipment remains on the fire trucks. The City’s lawyers continue to negotiate with both the manufacturer and the distributor. Partisans and critics alike continue to bicker, sometimes egged on by bad reporting.

The City will put a bond issue on the February ballot to fund the purchase of new equipment, which will settle only the simplest aspect of the Fire Department’s problem.

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Political Eye

Black Caucus backs Chief George
Thursday, August 23, 2007 8:11 AM CDT

The Aldermanic Black Caucus delivered something of a surprise - for Fire Chief Sherman George and his many citizen supporters, it was a pleasant surprise - when it released a detailed a resounding letter of support for the chief’s resistance to Mayor Francis G. Slay’s pressure for him to make promotions from a contested 2004 list, based on a testing process that George rejects as flawed - regardless of Judge Rodney Sippel’s ruling in the suit filed by Captain Addington Stewart of FIRE.

Because of logistics in last week’s newspaper deadline, the American was unable to print the letter at length or work it into front-page reporting on issues surrounding the Fire Department and Department of Public Safety. Here’s the letter, with only minor edits:

Members of the St. Louis African American Aldermanic Caucus announce their support of Fire Chief Sherman George “in his ongoing effort to improve and ensure a professional selection process for promotions in the St. Louis Fire Department.”

Caucus members feel that Chief George’s caution toward making promotions in light of pending court appeals that relate to issues with the present St. Louis Fire Department promotion list is a reasonable and a logical approach. The Caucus feels that apparent pressure on the chief from his superiors promote from the present, inadequate and possibly illegal list of applicants is inappropriate and unwarranted in light of these pending legal appeals. In the long run, promotions now with pending appeals could cause more litigation later, thus costing the City additional money. Until these appeals are ruled upon promotions made now could be overturned wasting staff time, effort and possibly causing internal confusion in the City’s Fire Department.

The Caucus feels that the numerous issues raised by the Fire Chief related to the inadequacies of the present promotion list merit consideration, warrant serious review and calls for major changes. It is the Caucus’ understanding that the present promotion list, which was created by the City’s personnel department, was not compiled using the typical criteria for making promotions within top-notch fire departments like the St. Louis Fire Department, led by Chief George. Until the present list, previous local criteria mirrored national standards, which include: a multiple-choice written test measuring basic technical knowledge; a fire-scene simulation measuring advanced technical knowledge; an assessment measuring employee supervisory skills; and an assessment measuring administrative skills.

The Caucus understands that a multiple-choice written test measuring technical knowledge and an unrecorded oral assessment were the only measurements used to compile the present promotion list. The Caucus feels that such a compiled list is grossly inadequate from which to make promotion selections and should be updated using criteria proposed by Chief George.

A recent court ruling on one law suit related to the present promotion list only addresses the issue of racial discrimination. It did not address the issue of the inadequacies or possible legal unfairness of the testing procedure used to compile the present list. Because of this, the recent court ruling therefore does not fully speak to concerns raised by Chief George. Still further, the Caucus understands that the present inadequate and extremely controversial list is at least three years old. However, instead of throwing out this list the personnel director of the City has decided to extend its use until 2008. It is apparent that if the chief uses this list as recommended by his superiors, additional law suits will follow. The Caucus can see no reason to use this list and not start over. For whatever reason, at the very least, if the Chief should find it necessary to make selections from this list he should be extremely careful and do all that he can to ensure that any promotions reflect the highest possible qualifications.

Concerns about Fire Department procedures to temporarily fill vacant command positions are unwarranted and do not justify pushing the chief to promote. Present procedures place the most senior person in charge at any fire house. Many of these senior fire fighters are also candidates for advancement. It is the Caucus’ understanding that this type of temporary filling of vacancies has been an effective and long-standing procedure within the Fire Department long before Chief George’s tenure as chief.

The Caucus feels that in light of this, there is no need to push the fire chief to promote. According to the City Charter, the Chief is the promoting authority in this matter. Because of the highly technical nature of these jobs, it only makes sense that the chief has this power and responsibility. Caucus members feel that it would be better for the City to address Chief George’s concerns by applying and using more comprehensive standards proposed by the chief that better ensure a quality City Fire Department. Caucus members feel it is time that all significant parties in City government related to public safety begin to work together.

This is the time to set aside any differences that might exist and unite. This is the time to unite around the needs of our city and the clear and laudable efforts of our fire chief to improve the ability of the City to provide professional and enhanced fire protection services.

It is becoming increasingly clear that Slay will face a significant fight from the black community if he persists in pushing the agenda of Local 73 in the name of “healing our racial divide.” Whatever the mayor and Jeff Rainford elect to do in this matter, the EYE sincerely hopes they drop the “healing the racial divide” rhetoric when addressing members and leaders of the black community. They simply don’t have any credibility in the bank on this sensitive topic. Black folks know pigs don’t fly.

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Fire test rift leaves top scorers in limbo

By Jake Wagman

ST. LOUIS POST-DISPATCH

08/23/2007

ST. LOUIS — Firefighters Lonnie Hughes and Wayne Killingsworth know that being No. 1 doesn't always pay.

Hughes, who has been with the St. Louis Fire Department since 1978, scored the highest on the department's test for battalion chief. Killingsworth, a 15-year veteran, scored the highest on the department's promotional exam for captain.

But since 2004, neither Hughes nor Killingsworth has been promoted.

Fire Chief Sherman George, who questions the effectiveness of the test, has not promoted the pair and about 25 other candidates, despite a prolonged court fight and political battle that climaxed late last month with a stern letter from Mayor Francis Slay.
The dispute has exposed a deep racial rift in one of the state's largest and most active fire departments.

Lost in the war of wills between the department and City Hall are firefighters — white, black and Hispanic — who spent hours studying for the tests, only to do well and not reap the financial rewards.

"I neglected my kids in the hopes of being promoted, so I could provide a better life for my family," said Killingsworth, 38. "I do these things the city asks me to do. I perform well. And I can't get promoted."

After three years, firefighters are looking at about $40,000 they would each have made had they been promoted right away.

Instead, many firefighters are filling the jobs that they tested for, serving on an "acting" basis without a pay increase.

Three years ago, a group of African-American firefighters filed a federal suit alleging that the promotional exams for captain and battalion chief were unfair. They questioned why they were not allowed to record the oral portion of the exam, and accused some union firefighters of cheating.

Recent history suggests why they were suspicious.

In 2002, four firefighters, three white, one African-American, were fired for cheating or trying to cheat on a promotional exam.

Even so, a judge ruled that the 2004 tests did not intentionally discriminate, and that the black firefighters could not prove there was an "adverse impact."

In the St. Louis Fire Department, battalion chief is a key post, a rung above captain and a step away from deputy chief.

On the battalion chief test, the firefighters with the top six scores are first in line for promotion. In 2004, the top scorers were two African-Americans, one Hispanic, one white woman and two white men.

"This is as good or better than what I've seen in other municipalities," testified Rick Jacobs, whose firm E.B. Jacobs, developed the test. "I would say this is an excellent representation of diversity at the top of a promotion list."

Jacobs, based in State College, Pa., has been testing public and private employees across the country for more than 25 years, offering promotional exams in fields ranging from law enforcement to transportation.

The captain's test was less diverse. Of the top 25, four were African-American, and the rest were white.

Hughes, an African-American who scored highest on the battalion chief test, is now acting battalion chief at Engine House No. 28, a hectic station where the motto is "Sleep when you're dead."

The other African-American finalist, Capt. Steve Simpson, is a spokesman for George. Hughes and Simpson declined to comment.

Many black firefighters such as Hughes belong to FIRE, the Firefighters Institute for Racial Equality, a fraternal organization formed in the late 1960s after black firefighters were excluded from a union picnic.

FIRE was also a part of the 2004 federal suit against the tests, where the plaintiffs stated that they believed that "the city wants to make sure that no African-American is eligible to be chief of the department again."

One of the plaintiffs, firefighter Leonard Davis, said that he felt no matter how close he came to advancement, the system was designed to hold black firefighters back.

"You see it, but you won't touch it," Davis said in a deposition.

Chris Molitor, president of the International Association of Firefighters Local 73, said the fight over promotions is not about race or color.

"One comment one of my guys made is: 'It's not black. It's not white — it's green,'" Molitor said.

For firefighters, each rise in rank comes with an average salary bump of $13,000 a year, plus a more generous pension.

But, right now, there are only 22 openings for captain and five for battalion chief. An additional battalion chief position is expected to open. Firefighters who don't score high enough to make those positions can find themselves stuck at a lower pay grade.

Pay is also based on years of service, making most experienced city firefighters reluctant to move to another fire department.

That's why the debate surrounding the promotional tests is so intense, Molitor said.

"It's basically affecting the amount of money you make for the rest of your life," Molitor said.

Molitor says the union has pushed for an additional position — such as an engineer post — that would ease the struggle for promotions while providing a bridge from an entry-level private to the higher ranks.

For now, though, firefighters continue to be frustrated.

Capt. Gail Simmons, who scored second-highest on the test for battalion chief, would be the first woman in the history of the department to hold such a position. Simmons, a single mother, had to pull her son out of private school while waiting for the raise that will come with a promotion.

"My life has been on hold for three years," she said.

Duane Greer, a Hispanic firefighter in line for a promotion to battalion chief, says he can no longer dwell on the situation because it "makes me sick to my stomach."

"This is life-changing money to us," Greer said, who makes about $66,000 a year.

Greer, who was hired 20 years ago this month, worries that the tension between those up for promotion and those who believe the process was unfair may spill out of the firehouse to the fire scene — making an already tough job more treacherous.

"Right now, there can be all kinds of animosity inside of the firehouse, but, when the bell hits, we all feel like we can do the job," Greer said. "More and more, guys are doing it, but they are looking over their shoulder. And that just creates a dangerous situation."

Meanwhile, firefighters on the promotion list continue to watch George for any signs that he might act. In a letter to George on July 31, Slay warned the chief that unless the issue of promotions is addressed, "it could severely damage your ability to lead the department." In a letter back to Slay, George expressed concerns over whether the exam adequately tested the necessary skills needed for a higher rank.

Still, George wrote that he would request the promotion lists and "review them for appropriate candidates" — though he stopped short of saying he would make the promotions.

"I said my plan is to look at the list," George said last week. "That's what I'm going to do."

Firefighters up for promotion received letters last week to schedule an interview with the chief.

Yet those such as Killingsworth, who remain in job limbo, are not optimistic.

In the weeks leading up to the 2004 captain's test, Killingsworth said he studied eight hours a day. Now, he depends more on his off-day job — a lawn care business — to keep his four children, ages 7 to 13, in parochial school.

"I basically had to let it go," he said. "Divine intervention will have to take place if I'm going to get promoted."

jwagman@post-dispatch.com | 314-622-3580

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Investigator to Determine Whether Orlando Firefighters Cheated

Story by wftv.com

ORLANDO, Fla. --

Orlando Fire Chief Jim Reynolds has asked an independent investigator to determine whether some of his top officials cheated to get ahead.

On June 29, 2007, the city attorney received a CD and an anonymous letter that claimed up to four firefighters studied actual test scenario before they took the chief exams back in 2002.

The tipster claimed the CD was a recording of the conversation firefighters Rudolph Johnson and Brian Will had while listening, by radio, to an actual tactical test to become an Orlando district fire chief.

During the test, candidates had to make split-second decisions, like what to do if a bakery had caught fire.

The two men allegedly heard on the audio recording did eventually pass the test. Johnson is a deputy chief, and Will is a district chief.

Now, Orlando Fire Union President Steve Clelland says firefighters throughout the department are outraged that four of their seniors may have cheated. Come test time, were all competing for the same promotion, so these are these guys futures, said Clelland.

On August 15, 2007, Chief Reynolds said he expected the independent investigation to be finished by the end of the week, or the following week.

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COMMENTARY

Rod Watson: Being white in Buffalo is no ‘burden’

Rod Watson
Updated: 08/16/07 8:09 AM

How much is enough? That’s the question now that some white firefighters have sued, contending that they were discriminated against because the city wants to promote African-Americans.

It’s an old story: A municipality tries to make up for 200 years of race-based privilege. In response, whites who don’t get every position they want say they’re being treated unfairly.

In this case, it’s being played out in a Buffalo Fire Department where lawyers say only 5 percent of the supervisory staff members appointed off lists are African- American — in a city that’s 37 percent black.

Put another way, it means whites already hold 95 percent of the top jobs. So just how much is enough?

Instead of relying on state promotional exams that contributed to those shocking numbers, the city has experts developing new tests, according to attorney Adam W. Perry, its outside counsel. In the meantime, it let a civil service list expire, causing whites up for promotion off that list to dash to state court alleging discrimination.

Their attorney, Andrew P. Fleming, said that the city may have laudable goals but that his clients “shouldn’t bear the burden of the city’s alleged failure to promote African-Americans.”

That argument brings us to the strange place where the phrase “white man’s burden” takes on a whole new meaning. There’s just one problem: Every bit of statistical evidence belies any notion that society is unfair to whites or that being being white in Buffalo now constitutes any kind of “burden.”

For those who doubt that, I have just one question: How many would want to trade places?

When the median family income for whites in Buffalo is $38,225, while the median black family brings home $23,477, how many whites would rather be black?

When the white per-capita income in Buffalo is $17,757, while blacks make only $12,264, how many whites would rather walk in blacks’ shoes?

When fully a third of the city’s African- American population lives below the poverty line, compared with only 17.6 percent of whites, who would want to change places with whom?

Not that Buffalo is all that different from the rest of America, where — despite pockets of obvious progress — life in black and white remains starkly different.

Would white parents trade their odds of having a healthy baby, or give up part of their lives for a promotion, when census data shows that the infant-mortality rate for blacks is twice that of whites, while life expectancy for whites is five years longer?

Whites didn’t gain these advantages simply by being exemplary individuals; they accumulated them over time by being members of the right group. These socioeconomic gaps do not result from kooky “Bell Curve” theories or from acts of God.

They resulted from acts of men — white men — over more than 200 years. And it will take acts of men to close them, as former Supreme Court Justice Harry Blackmun famously noted in observing that in order to get past race, we first have to consider it.

Now the city, to its credit, has looked at the numbers and recognized that something is wrong. Perry, noting that some black firefighters already have sued in federal court, said the city just wants “a fair test.”

It is taking steps to improve what he tactfully calls “an anomalous situation” that sees an urban fire department with 95 percent of its supervisory staff white.

No doubt, that seems tough to the white firefighters and life seems very unfair.

But when it comes to unfairness, things could have been a lot worse. They could have been born black.

rwatson@buffnews.com

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Why hire EB Jacobs?

Thursday, August 16, 2007 8:12 AM CDT

City Hall does not respect Fire Chief Sherman George’s leadership or the well being of the African-American community.

Under Chief George’s leadership, the St. Louis Fire Department is recognized as a national leader among departments, using innovative technology to prevent disasters and save lives. His request not to hire EB Jacobs as the consulting company to develop and administer the test should have been reason enough to take the firm off the list. Many of us know how it feels to earn a job and have the authority diminished to the point where we cannot do the best job.

Since more than 50 of the city of St. Louis is African-American, the mayor should be the first to dismiss this list or any process that takes away opportunities for one-half of its citizens. Why did the city change the testing process for battalion chiefs and captains in 2004? Tests given prior to that time seem to have rendered a more equitable result.

The African-American community cannot afford to be left out when promotions are made to fill 30 management positions. Fewer African-American leaders usually results in a systematic exclusion of blacks at all levels. Unlike the judge, I call that result adverse impact.

Linda F. Stewart

African-American voter

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Fire Dept. promotions are just too hot to handle
By Bill McClellan
ST. LOUIS POST-DISPATCH
08/15/2007

Do you work for a company in which "yes-men" get promoted? Or maybe some middle-aged boss takes a fancy to a good-looking young woman, and the next thing you know, she's running your department. Is that the way your company runs?

If so, be grateful. You could work for the St. Louis Fire Department.

The department used to promote on the basis of test scores. That sounds fair, doesn't it? Promotions go the candidates with the highest scores. Meritocracy in action. Imagine the scene around the kitchen table, as a father comes home and hits the books, preparing for the exam. Maybe a fireman's coat is thrown over a chair. The kids peek into the kitchen, but don't say a word, not daring to disturb their father. It sounds like something out of a Norman Rockwell painting, but it used to be a real scene in kitchens all over the city.

Well, not quite all over the city. Mostly, on the city's south side.Advertisement

Although the Fire Department hired its first black firefighter in 1921, the department was pretty much a white guys' club until 1968. That's when the few black firefighters left Local 73 of the International Association of Fire Fighters and started an organization known as FIRE (Fire Institute for Racial Equality) to represent black department members. That organization then sued the city and argued that blacks were under-represented in the Fire Department. Only about 6 percent of the firefighters were black. FIRE won that lawsuit, and the city was ordered to hire more blacks. Then FIRE sued about promotions. Of the 200 captains in the department, only three were black. FIRE won again, and the court ordered the department to promote 12 blacks and 12 whites to the 24 available captain slots.

Things have bumped along unhappily ever since. FIRE continues to represent the black guys. Local 73 represents the white guys. Racial tension seems to be the norm.

The promotion tests are particularly tricky. The tests of 2002 resulted in a police investigation. As best the cops could determine, some of the white firefighters were convinced that some of the black firefighters were going to get a copy of the test in advance, so the white guys tried to get the test. Meanwhile, a black battalion chief managed to obtain a video portion of the exam. At least that's the best guess of what happened. According to the cops, seven out of eight firefighters failed lie detector tests, so if the truth was out there somewhere, that is where it remained — out there somewhere.

Under any circumstances, this long history of distrust would be a problem, but the Fire Department is being asked to confront a truth that even people of goodwill don't want to acknowledge, let alone confront, and that truth is this: White people generally score higher on tests than do black people, just as Asians generally score higher than do whites.

As with all generalizations, there are plenty of exceptions, but still, facts are facts. At a hearing in Jefferson City earlier this year about school funding, several witnesses argued for more money for black students. Even when poverty is factored in, even when desegregated students have been educated from kindergarten in the county schools, there remains an achievement gap between white students and black students on standardized tests, these experts testified. But even their testimony was somewhat muted. This is a delicate topic.

Look at the trouble the Wentzville School District got into last year when school officials sent out a letter trying to explain why one of its schools had failed to meet federal standards for three years running under the No Child Left Behind Law. Most of the kids are doing fine, the letter said, but certain groups — black students, special education students and students who qualify for free and reduced lunches — are not making adequate progress.

That letter was denounced, and the district soon sent out an apology. Which was fine, I suppose, except for the fact that the first letter was true.

If academics, who mean well, have a tough time with this, what can we expect from the Fire Department? Apparently, white firefighters did better on the 2004 tests than did their black counterparts. FIRE sued. This time, it lost. Chief Sherman George, who has the city's toughest job, came from FIRE and has blocked the promotions, citing the need for a better testing process. But Local 73 is a political force and it's pushing Mayor Francis Slay to push George to get on with the promotions.

It's enough to make you happy to work in a place where good old favoritism still holds sway.

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Promoting Harmony

08/06/2007

Perhaps it's the nature of the job â€” hours of hard and sometimes heroic work alternating with even more hours of tedium â€” but firefighters seem to have more time for office politics than members of most other professions.

This is not to diminish the importance of the issues involved in the long-smoldering legal battle over promotions policies in the St. Louis Fire Department. It's critical for safety, effectiveness and morale that promotions go to firefighters who earn and deserve them. It's also important that promotions tests and qualifications be designed so that everyone, regardless of physical, racial and cultural differences, gets a fair crack at them.

But for the promotions issue to linger for a decade or more is not conducive to public safety or department discipline. Once the legal issues have been settled â€” and in June, U.S. District Court Judge Rodney W. Sippel ruled that promotions could move forward â€” it's time to lay politics aside. Nearly a third of the SLFD's supervisory positions are vacant, and the firefighters filling those jobs on a temporary basis aren't being compensated for their trouble.

Now, at long last, Fire Chief Sherman George has indicated he will move forward on filling the vacancies, using a promotion list drawn up after a round of tests in 2004. The Firefighters Institute for Racial Equality, an African-American firefighters group, had claimed that the 2004 tests discriminated against black firefighters. Judge Sippel ruled that whatever discrimination may have existed was unintentional.

But Chief George, an African-American who is under heavy pressure in the black community, refused to promote from the 2004 list, creating unhappiness among members of Firefighters Local 73, which represents mostly white firefighters.

Local 73 is a potent force in city politics. In last spring's aldermanic president race, it endorsed Alderman Lewis Reed, D-6th ward, an African-American who promised to push the chief to move forward on promotions.

Mr. Reed won his race, and last week made good on his promise, writing Chief George and asking him to move forward. With Mr. Reed walking point, Mayor Francis Slay jumped into the fray, urging Chief George to use the 2004 promotions list to fill vacant battalion chief and fire captain slots. Mr. Slay then proposed closing the promotions list and hiring a firm to design a new test for the next round of promotions. The mayor promised that all sides to the dispute would be involved in designing the next test.

Mr. Slay couched his letter in diplomatic terms but made it clear that Chief George's job was at stake. "I ... fear the issue of promotions, if not addressed fairly and immediately, will severely damage your ability to lead the department," the mayor wrote. He added that he wanted "to avoid a confrontation that will divide our city and hurt everyone involved â€” including you."

The chief got the message, and Friday indicated he was willing to "start the promotion process," a mayoral spokesman said. That stopped short of saying he actually would fill the vacant slots, but the mayor's spokesman said the chief's letter had been received "in good faith."

People of good faith should accept Mr. Slay's proposal, sit down together and find a fair and permanent solution. The mayor's offer won't make either side completely happy. But it moves the issue forward for the first time in more than 10 years, and more important, benefits the city as a whole.

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Clergy back Chief George

Wednesday, August 8, 2007 10:39 PM CDT

Members of the Firefighters Institute for Racial Equality (F.I.R.E.) along with supporters picketed in front of City Hall last week. The group wants to address the recent history of biased promotional tests, its legal battle challenging the fairness and validity of the 2000 and 2004 promotional tests and Mayor Francis Slay's demand that Chief George makes promotions from the disputed list. Photo by Wiley Price

Call for investigation of Sam Simon

By Chris King For the St. Louis American

Since Mayor Francis G. Slay abruptly went public with a letter he had sent on July 31 to Fire Chief Sherman George regarding promotions within the Fire Department, a number of clergy, activists and firefighters in the black community have voiced public support for Chief George.

They also expressed concern about the mayor’s decision to go public with what the chief and his supporters consider to be an internal personnel matter that falls under the fire chief’s jurisdiction, according to the City Charter.

At the forefront of the community response to the mayor have been Bishop Willie James Ellis Jr., George’s home pastor at New Northside Missionary Baptist Church; the Rev. B.T. Rice, pastor at New Horizon Seven Day Christian Church; the Rev. James T. Morris, pastor at Lane Tabernacle CME Church; and Anthony Witherspoon, pastor at Washington Methodist AME Zion Church.

As Ellis said, “We as African-American leaders are speaking as one voice with unfettered and complete support of Chief George” in the administration of his department.

After the clergy held a press conference Thursday, Slay blasted them in belittling terms, accusing them of being dated and theatrical.

“The old way of doing things in St. Louis is to line up along racial lines for a big fight,” Slay said. “That makes for great theater for the media.”

“The mayor and Local 73 had already lined up along racial lines,” Rice told the American, referring to the white-dominated firefighter’s union.

Local 73 has stridently called for George to make promotions to captain and battalion chief from a list drawn up in 2004 based on tests conducted by EB Jacobs, a company the chief told the City not to hire.

Promotions from the list would further imbalance leadership in a department already skewed heavily toward white firefighters.

George also told the American that the test administered by EB Jacobs “didn’t demonstrate people had the skills” needed to lead in his department.

FIRE, a black fraternal firefighters organization, sued the City over the 2004 tests and lost. For Slay, that closes the case. Not for George, who curtly reminded the mayor that he was not party to FIRE’s suit against the City.

“As I have said repeatedly, the issue is not in any way racial from my point of view,” George wrote in response to Slay’s letter calling for promotions.

“The issue is solely one of safety and whether the tests, and resulting lists, assess the ability of firefighters to perform supervisory roles in dangerous conditions required by the nature of firefighting.”

George pointed out that the City, against his recommendation, had hired a firm that did not follow the protocols vital, in his judgment, to assessing a firefighter’s leadership abilities. George spelled out these protocols in great detail in his Aug. 3 letter to Slay, which is archived on www.stlamerican.com.

“The 2004 tests did not use these protocols or any that were similar,” George said.

“I objected prior to the hiring of the firm hired and continued my objection afterward.”

George also listed several things he had requested from the City yet not received, including “the written legal opinion” upon which Director of Public Safety Sam Simon “claimed that continued refusal to promote exposed the City to claims of unlawful failure to promote.”

George also reminded the mayor that, notwithstanding Slay’s direct order to promote that he turned over to the media, promotions within the Fire Department remain the responsibility of the fire chief.

“I have been advised that there is no legal requirement that promotion occur, as promotion is a discretionary decision of the appointing authority,” George said.

“The Missouri court has made clear that I am the appointing authority.”

Clergy call for investigation of Simon

The American has obtained a document drawn up by the activist clergy group that calls for a re-framing of the problem.

The clergy - acting under the name Citizens and Leaders in Support of Chief Sherman George - claim that the City should be investigating the leadership of George’s boss, Sam Simon, rather than pressuring the fire chief to promote within his department.

“We have become aware of a pattern of interference and undermined authority with Chief George and the Fire Department by Public Safety Director Sam Simon going back over several years,” the clergy state.

“More disturbingly, we have been made aware of serious errors in judgment, as well as apparent failures to provide oversight on the part of Public Safety Director Sam Simon that we feel - as information continues to come in from the community - may be just the tip of the iceberg.”

Saying, “We almost don’t know where to begin,” the clergy listed a number of alleged incidents that reflect unfavorably upon Simon. According to the clergy:

* Simon recently ordered that all Fire Department airmasks be removed from the department by Aug. 1 without notifying the fire chief, a move the clergy described as “dangerous and incompetent”; when George found out, he ordered that the gear remain in the department.

* In November 2004 Simon usurped George’s authority and blocked intradepartmental transfers George had ordered, after firefighters affected by the moves complained to Simon directly; the clergy claim that Simon’s intervention was an unprecedented move in the history of the department.

* Against George’s protests, Simon removed civilian building inspectors from under Fire Department jurisdiction and reduced them in number, which the clergy claim weakened public safety.

* The clergy identified “an alarming pattern of neglect and abuse” at the Justice Center and medium-security facility on Hall Street, both of which are under Simon’s direction. In addition to the recent death of the young asthmatic woman who was not given proper medication, the clergy cited community reports of a man left dead inside the Justice Center so long rigor mortis set in before he was discovered and another man detained at the Justice Center who “literally crawled out of the place after being denied medical attention for two days” in the aftermath of savage beatings by corrections officers.

City spokesman Ed Rhode had not responded to these allegations by press time. In fact, despite a series of requests for comment, he has not responded to the American’s editors since July 27.

In the statement, the clergy call for “an investigation into the conditions and records at the Justice Center and the record of Sam Simon as public safety director of St. Louis.”

Both Ellis and Rice told the American, “We will not tolerate a firing or forced resignation of Fire Chief Sherman George” and pledged a community mobilization against the mayor should he attempt to resolve the promotions issue in that manner.

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Fire test just doesn't measure up, George says
By Sylvester Brown Jr.
ST. LOUIS POST-DISPATCH
Sunday, Aug. 05 2007

George's superiors compiled a list of 10 potential companies in 2003. The fire chief rejected two. One of the two, EB Jacobs, became the chosen firm.

George maintains that the judge's ruling against FIRE has nothing to do with his hesitation to make promotions. This position confused me because he had said publicly that he wouldn't promote anyone until the lawsuit was resolved.
Wasn't that, in a way, supporting FIRE's position?

"Absolutely not," George said. "I didn't want to promote anyone while the case was being litigated because I'd have to demote people if FIRE won."

George also told me he doesn't know the race of the firefighters awaiting promotion. In fact, he says he doesn't even know who they are.

"I refused to even look at the list," George said. "I don't care who's on it. I care that they did not have the tests that demonstrated their ability to be on the list."

I asked Bryson why Slay would link George's inaction to the FIRE decision if he was aware of George's concerns.

"Race" was not the mayor's major concern, Bryson answered. "The mayor is in charge of the city's public safety. He's concerned that positions be filled to better serve the city."

I then noted that the city's charter, supported by a 2005 Missouri Court of Appeals ruling, mandates that the fire chief has sole discretion to decide when to fill various positions. George said the mayor is distorting what's at stake.
I asked Bryson if the mayor added unnecessary tension to an already racially tinged issue.

It's a moot issue, Bryson responded. The mayor is pleased with George's response letter. In the letter, the chief says he would request a review of the promotion lists.

"He's starting the process. We're done with it," Bryson said, adding that a diverse committee that could include George and members of FIRE and Local 73 should lead to better testing procedures.

Not so fast, George countered. Yes, he promised to review the lists, but he has not agreed to proceed with promotions, not yet.

"My concerns have not been addressed," the chief said. "I have almost 40 years with this department, yet others feel they know what's best for the citizens of this city. ...

"This has never been about race. It's about public safety and who's more qualified to run the fire department."

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Fire chief gets support in promotion dispute

By Jake Wagman

ST. LOUIS POST-DISPATCH

08/02/2007

UPDATE:

A group of African-American ministers and civic leaders announced support today for Fire Chief Sherman George in his promotion dispute with Mayor Francis Slay.

“We will not tolerate the firing or forced resignation of Chief Sherman George,” said Bishop Willie J. Ellis of the New Northside Baptist Church.

On Tuesday, Slay delivered a letter to George urging him to end a hold on promotions at the Fire Department, saying that failure to do so would damage George’s ability to lead the department.

The dispute stems from a 2004 federal lawsuit – one of several similar cases in the department – that contended the promotional test was biased against African-Americans. Earlier this year, a federal judge ruled that the test did not intentionally discriminate.

Even so, the African-American leaders at today’s news conference continued to support George. Harold Crumpton, head of the local chapter of the NAACP, compared the judge’s ruling to the Dred Scott decision, where the U.S. Supreme Court ruled against slaves’ rights.

“Because a judge makes the decision does not mean that it is good for the people,” Crumpton said.

Others said they felt that George, who has been given until Friday to respond to Slay, has been put under an ultimatum. They insisted that the mayor let the fire chief alone to do his job.

“Our chief is being micro-managed,” said the Rev. Sammie Jones.

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Our earlier story:

ST. LOUIS — Mayor Francis Slay has urged Fire Chief Sherman George to end his hold on promotions, setting up a potential showdown between the chief and City Hall.

A letter from Slay, hand-delivered to George on Tuesday, stopped short of saying the chief's job is in jeopardy — but still read like an ultimatum. If nothing else, the letter represents an escalation of the political friction that has existed between George and the mayor since Slay took office six years ago.

The promotions must be made "to avoid a confrontation that will divide our city and hurt everyone involved — including you," Slay wrote.

"I support you as chief of the Fire Department and want you to continue to succeed," Slay wrote. "However, I also believe the department must promote, and fear the issue of promotions, if not addressed fairly and immediately, will severely damage your ability to lead the department."

Slay gave George until Friday to respond.

Reached by telephone on Wednesday, George had little to say about the missive from Slay.

"On the advice of my counsel, I'm unable to comment at this time," George said.

He refused further questions.

"That's it," George said, before hanging up.

The long-simmering dispute over promotions stems from a 2004 lawsuit — one of several similar cases — filed by four firefighters and Firefighters Institute for Racial Equality, a black fraternal organization known as FIRE.

They claim that the tests used to decide who would be promoted to captain and battalion chief were biased against blacks and were not based on relevant skills.

Positions have been filled on an "acting" basis, even though a court has already paved the way for promotions to be made. In May, U.S. District Judge Rodney Sippel found that the promotions test did not intentionally discriminate against black firefighters.

Even so, Slay, in his letter, offered to begin the process of hiring a new testing company — once the promotions have been made.

Slay also said he would push for mandatory diversity training "to address the rifts in race relations that have developed within the Fire Department, whether based on ill feelings about these promotions or from historic grievances."

Racial tension runs so deep in the Fire Department that while many of the white firefighters belong to the International Association of Fire Fighters Local 73, some of the department's African-American employees instead are affiliated with FIRE, which does not have collective bargaining powers.

Capt. Addington Stewart, chairman of FIRE, said his group supported the decision not to make the promotions because it believed allegations of cheating on the promotional exam had not been fully investigated.

"Unfortunately, jobs are at stake, and if promotions are made without investigating the allegations into cheating, we have cheated those who did not cheat," Stewart wrote to Slay last month.

Slay's letter this week was preceded by a similar message from Board of Aldermen President Lewis Reed, who was elected with help from an early endorsement of Local 73.

Reed wrote on July 20 that, if the promotions are not made, "morale within the department will plummet."

"I am concerned that under these circumstances, a great many firefighters would give up trying to advance themselves because they will see it as a waste of time," Reed wrote.

An official from Local 73 said that morale is already at an "all-time low" because of George's refusal to make the promotions.

"You have guys that should have been promoted that have not been promoted in the last three years," said Kenny Sturma, the union's secretary-treasurer. "And that's cost them almost $40 (thousand) to $50,000 in pay."

Sturma said more than 35 positions need to be filled, mostly for captain, and some for battalion chief.

George, 63, had been with the fire department more than 30 years before being appointed chief in 1999 by then-Mayor Clarence Harmon. When Slay defeated Harmon in the 2001 election, he chose to keep George at the helm, but the pair have had a rocky relationship.

The first major bump came in 2003, when Slay ordered a "top to bottom" investigation of the department after 13 firefighters were injured in about a month.

Earlier this year, the mayor's office forwarded to the Police Department complaints that a pair of Fire Department officials were using recruits to perform personal work for them, such as cleaning up debris at rental property, officials said.

At the time, George said he was not involved in calling for the investigation and did not know why it had become a police matter. No arrests have been announced in the case.

jwagman@post-dispatch.com | 314-622-3580

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By Jasmine Huda

(KSDK) - St. Louis Mayor Francis Slay has a plan to address what he calls a racial rift in the city's fire department. The mayor is calling for mandatory training in diversity and race relations for all city firefighters.

Mayor Slay wrote in his blog July 28 that over the past decade, race relations within the city's fire department "have sometimes become heated"- largely because of one issue.

"The latest promotional exams basically fuel the disputes that are going on within the department," he said.

Members of the Firefighters Union, Local 73, are upset Fire Chief Sherman George has decided not to promote firefighters even though a judge ruled promotional tests are valid. However, F.I.R.E., the group that represents African-American firefighters, argue the tests are unfair, and that blacks are under-represented at the leadership level.

The mayor writes in his blog that "it's time for things to change" and for both groups - Local 73 and F.I.R.E. - to come to the table.

"Chief George and I can try to put the system together, put the structure together, call them together," Slay said. "But in the end it's going to be up to them."

The two groups call the plan a good start.

"If it helps to solve anything, I'm all for it. Right now we're willing to do whatever it takes to solve it," Christopher Molitor, president of Local 73, said.

But the groups also expressed some skepticism about the mayor's proposal. Captain Addington Stewart, president of F.I.R.E., argued the racial rift will exist as long as disputes over promotions hang in the balance.

"I think the issues that we're talking about, in reference to what's leading up to him wanting to have diversity, is still having testing, and working out a proposal on how testing should be conducted."

A spokesperson for Fire Chief Sherman George said mandatory diversity training is already required for new recruits.

Mayor Slay said he will have more to say about pending promotions next week

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Political Eye

Let’s play ‘You The Man’ - you’re running it

Wednesday, July 25, 2007 8:52 PM CDT

Welcome to a new game show, “You The Man.”

Okay - you The Man. You’re running it, the City of St. Louis. You get an anonymous letter from a citizen that reeks of Firefighters Local 73, a white-dominated union locked in a struggle against F.I.R.E., a black fraternal firefighter’s organization, over promotions. (A contested promotions list based on a contested aptitude test calls for 20 whites to be promoted to captain but only two blacks.) The black fire chief, thus far, has implicitly backed F.I.R.E. by exercising his right under the City Charter to promote - or, in this case, not promote - within his department.

This anonymous letter (with the odor of Local 73) alleges that certain black firefighters have taken Fire Academy recruits to do inappropriate things like cut a diving board off a private swimming pool while on City time. You The Man; what do you do?

Do you hand the letter to the fire chief and say, “You need to look into this. You might have some bad guys in the Fire Department”? Or do you hand it to the police chief, start using the phrase “criminal investigation” like somebody got killed, and then call your buddy Mike Owens at KSDK?

Chief of Staff Jeff Rainford and Mayor Francis G. Slay handed it to the Police Department, talked up a criminal investigation, and probably called KSDK. (It might have been Local 73 that called KSDK.)

Okay, next problem. You The Man. You’re running it, the City of St. Louis. You get the following, non-anonymous letter, addressed to the City director of personnel, signed and dated by the chairman of F.I.R.E. No need to guess where this came from or where to start investigating its claims.

March 30, 2004

Dear Mr. Duffe:

As per your request, here are the allegations of cheating and/or impropriety the members of F.I.R.E. witnessed:

? Three of the assessors socialized with William “Bill” Pollihan the night before the test (for promotions). Several firefighters observed Pollihan dropping off the assessors in the morning after a night of entertaining. You were specifically asked about firefighters socializing with the assessors before the tests and you stated that such familiarity would not take place.

? Two white firefighters, Jacques Matthews and Andy Masonic, were witnessed being given the scenarios for the captain’s test the night before the exam.

? A firefighter, Greg Boschert, took his notes for the oral exercise into the interview room, a clear violation of the rules stated before the exams.

? Firefighters Daniel Sutter, Kenneth King, Kenny Sturma, Steve Olliges, Mike Auer and John Fischer, as well as Captains Bruce Williams, Larry Braun and Christopher Erb, all wore dark suits to tip off the assessors that they were union representatives. I told you of the plan to identify union representatives before the exams.

? Gail Simmons was escorted out of the written examination room and given an extra hour to take the test. Ms. Simmons was not given extra time or extra consideration for the other three portions of the test, which she took with the other fire captains.

These are serious allegations of cheating. We know that you will not hesitate to have the individuals take lie detector tests as the African-American firefighters had to do when they were accused of cheating.

Thank you for your prompt attention to this matter.

Very Truly yours,

Addington Stewart

Chairman of F.I.R.E.

You The Man; what do you do? Plenty of names and information to go on here. Do you get right on it? Hand it over to the Police Department? Talk up a criminal investigation? Call Mike Owens?

No, not if you are Rainford and Slay. They had Duffe ask for even more names and information. Stewart comes back with more information:

April 12, 2004

Dear Mr. Duffe:

This letter is in response to your letter dated April 7, 2004. As you can understand the white firefighters who witnessed these incidents (allegedly cheating on the test for promotions) fear reprisals.

Several white firefighters during relief between the “C” and “B” shifts at Engine House 28 made the statements (Bill Pollihan cheating) in front of Lonnie Hughes.

A white firefighter made the statement (about Andy Mazenac and Jacques Matthews) to a black firefighter while this firefighter subbed at a firehouse.

Greg Boschert admitted his actions in front of several firefighters.

Several black firefighters saw the individuals (white firefighters) mentioned in dark suits at the Captain’s exam. I saw Bruce, Chris and Larry in dark suits.

Several fire captains saw Gail Simmons escorted away in front of everybody to a private room, during the in-basket test. Marvin Witherspoon witnessed that she did not receive additional help during the other portions of the test in the preparation rooms.

I know that you have the authority to investigate allegations of cheating without the names of those making the allegations because the last examination administered by Charles Blockett and Associates was based on an anonymous email. This anonymous tip led to an investigation by the mayor and police department that ended the career of Battalion Chief Stanley Johnson and lie detector tests of several black fire captains and battalion chiefs. Now, I am perplexed as to why we need the names of firefighters making these allegations, in this case.

This is all of the information that I have from those who were not scared to death to speak out on these allegations.

Sincerely,

Addington Stewart

Chairman of F.I.R.E.

You The Man; what do you do? Hand it over to the Police Department? Talk up a criminal investigation? Call Mike Owens?

Remember, there are some good old boys from the club being accused here, including the nephew of Assistant Police Chief Stephen Pollihan (Bill Pollihan) and the son-in-law of retired Fire Chief Neil Svantics (John Fischer). These are not the sort of people in St. Louis who just get turned over to the Police Department or Mike Owens.

You, in fact, are not The Man, and that’s why you never heard about this non-investigation until now.

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Conspiracy theory still ablaze

Wednesday, June 13, 2007 7:53 PM CDT

St. Louis Mayor Francis Slay, Fire Chief Sherman George, and new President of the Board of Aldermen Lewis Reed march during the start of a memorial service last week for fellow St. Louis firefighters Derek Martin and Rob Morrison who lost their lives in a fire, in 2002. The memorial service included the reading of all 165 St. Louis firefighters names who have died in the line of service for the last 150 years. Photo by Wiley Price

City says fire chief should not be alarmed

Judge rules that promotions should proceed

By Chris King Of the St. Louis American

When asked about an allegation that at least one of his department heads had conspired with Firefighters Union Local 73 to undermine Fire Chief Sherman George, Jeff Rainford (chief of staff for Mayor Francis G. Slay) at first said, without hesitation, “Hogwash!”

Though at the end of a lengthy interview with the American - and a comparison to the fact that an anonymous complaint letter recently inspired City Hall promptly to call for an investigation of the St. Louis Fire Department by the St. Louis Metropolitan Police Department - Rainford said, “I will look into it.”

As has been widely reported, the police department recently opened a criminal investigation into the alleged use of Fire Academy recruits to perform personal work while on duty - based on an anonymous letter.

Last week, the American reported an allegation that Director of Public Safety Sam Simon and Director of Personnel Richard Frank “are tired of the fire chief and they want to … start documenting things,” which allegedly is why the recent investigation was opened.

The allegation regarding Simon, Frank and Molitor was not made anonymously, but by the mother of a recruit, Lisa Ann Richards. Richards said she was quoting Chris Molitor, president of Local 73, who she said repeatedly called her to dig for evidence that her son had been ordered to perform personal work while on duty. According to Richards, Molitor called her before the anonymous letter regarding the alleged recruits incident was received by City Hall or an investigation was opened.

A transcript of Richards’ comments, made to a fire department official, were reported in the American last week. Richards subsequently confirmed to the American that she made the comments and said she came forth because “I didn’t want to be a part of a witch hunt.”

Molitor, Simon and Frank all have denied the allegation.

Without investigating the allegation, Rainford said he was “100 percent sure” that neither Simon nor Frank would involve themselves in a conspiracy to undermine the fire chief.

Rainford said, “There hasn’t been one phone call or oral complaint against the fire chief” submitted by Simon and that Frank always had been supportive of the chief regarding personnel matters.

Frank told the American, “The fire chief’s name has not even been mentioned in any context involving Sam (Simon)” and that he “certainly would have to be aware” of any formal attempt to dislodge George.

Further, Rainford pointed out that as a civil servant, George’s professional fate is in the hands of the Civil Service Commission, rather than City Hall.

Firefighters supportive of George describe possible scenarios other than a formal attempt to undermine the fire chief as a personnel matter that could explain a conspiracy - and wonder why the non-political mother of a recruit would invent such a story.

“I don’t know why she would make that up and put herself under the scrutiny she has if it weren’t true,” said Addington Stewart, president of Firefighters Institute for Racial Equality (FIRE), a black fraternal organization.

(Given the polarized nature of the fire department, it is worth pointing out that Richards and her son are white.)

This week the American requested an interview with Police Chief Joseph Mokwa regarding the allegation that Simon and Molitor acted together to build a case against the fire department before the investigation was opened. No interview with Mokwa was granted. Department spokesman Richard Wilkes only confirmed that an investigation had been opened into the recruits allegation.

The American insisted that Wilkes had not heard the question - the question was whether an investigation had been opened into the conduct of Simon (who has authority over the fire department) and Molitor.

Wilkes said, “I understood your question,” but would not comment specifically on whether the allegation regarding Simon and Molitor had led to an investigation.

To promote or not to promote?

If Richards is telling the truth, that doesn’t mean that Molitor, president of Local 73, was telling her the truth when he hinted at a conspiracy involving Simon and Frank. Local 73 is locked in a battle with FIRE and the fire department over race-based fairness in testing for promotions and George’s refusal to make promotions for unfilled positions until those concerns are answered to his satisfaction.

A 15-year veteran firefighter, Thomas Payton, sees the pressure allegedly put on George by Molitor and City Hall as connected to the promotions, rather than an outright attempt to get George fired.

“The City just keeps pressuring the chief so he will break down and promote from that list,” Payton told the American, referencing a list drawn up in 2004 based upon aptitude tests for promotions.

Payton questioned the timing of what he considers to be a staged investigation into the alleged recruit incidents, which came when U.S. District Judge Rodney Sippel’s ruling on the promotions issue was pending.

In fact, Sippel handed down his ruling on May 25, after Molitor allegedly had started digging for evidence of wrongdoing with recruits but before the City had opened a criminal investigation into the allegation.

City Counselor Patricia Hageman said the suggestion of conspiracy “seemed strange” and that the timing of the ruling did not support the suspicion of a conspiracy, given that she and Deputy City Counselor Nancy Kistler were “shocked that (Sippel) ruled so soon.”

Hageman said Sippel ruled “there is no evidence” of discrimination in the testing process. Further, she said that “there is no chance (for FIRE) to win on an appeal.”

Addington said FIRE’s lawyer, Althea Johns, is in process of filing an appeal to Sippel’s ruling.

Chief George has retained his private legal counsel, Thomas Blumenthal, based on his distrust of the City counselor.

Blumenthal told the American that “other issues need to be answered before (George) takes any action” on the promotions, including the finalization of the City budget,

Rainford said, based on the ruling and the City counselor’s judgment that an appeal would be futile, that promotions to captain and battalion chief should proceed according to the 2004 list.

“If we need these positions, they need to be filled,” Rainford said. “If not, let’s remove them and eliminate them from the budget.”

Frank, the director of personnel, said the City is “compelled ethically to proceed with the promotions,” because many firefighters already are performing “higher-level duties without appropriate pay.”

Molitor told the American, “I have always been told that the money for promotions has been allocated within the fire department’s budget. The money is there. We are patiently waiting and hope the chief does the right thing. We’d like to see all the positions filled.”

According to the fire department, the current demographics among battalion chiefs are: 12 white and 3 black. After promotions from the 2004 list, the demographics would be: 14 white and 5 black.

According to the fire department, the current demographics among captains are: 68 white and 33 black. After promotions from the 2004 list, the demographics would be: 88 white and 35 black.

The disparity, then, would be in captain promotions, where 20 whites would be promoted but only two blacks - when 42 percent (nearly half) of City firefighters are African-American.

City divided

The recruits allegation, the conspiracy allegation and the promotions issue all are tangled in a set of what can appear to be intractable divisions - between the police department and the fire department, white and black, labor and management, and City Hall and the fire department.

“There is an antagonism between the police department and the fire department,” the veteran firefighter Payton told the American.

This set fire department officials on edge when the City handed the investigation of the recruits allegation to the police department - though Rainford told the American this is standard procedure, to protect the City and avoid any potential for “cover-up.”

It doesn’t ease tensions or fears of conspiracy that Simon, who presides over George and the fire department, is a former police officer.

Molitor - who scoffed at any notion of conspiracy - said the tension between himself and George is “a labor and management issue that (George) unfortunately tends to take personally.”

It doesn’t ease tensions that many black firefighters are so distrustful of the white leadership of Local 73 that they maintain their own independent organization, FIRE.

FIRE, in turn, sees City Hall and Local 73 as inseparable allies - though Rainford pointed out that Slay has gone against the union recently on the issues of residency and pensions.

“When it comes to our complaints against Caucasians in the fire department, I don’t expect the City to do anything,” said Stewart, president of FIRE.

“I don’t know if I can tell the difference between the union and the City administration. That’s why the chief is confronted with issues” like the recruits allegation.

Stewart and many black firefighters believe Molitor drafted the anonymous letter regarding the recruits allegation, which Molitor denied. Rainford said, “Granted, whistle blowers don’t always have the purest of motives, but that doesn’t mean there may not be truth to their allegations.”

Rainford emphasized, repeatedly, that the allegation regarding the recruits remains an allegation. He also disputed the insinuation that the investigation reflects on the leadership of Chief George.

“We intend no disciplinary action in any way, shape or form against the chief,” Rainford said. “He had the proper protocols set up.”

Rainford admitted that corruption and getting over on your employer is unavoidable - how a leader handles such incidents once they occur is what is key.

“Even if this allegation is true, it doesn’t reflect badly on the chief,” Rainford said. “It’s how he handles it.”

Rainford also said that “the only people who are saying this could make the chief look bad are people who support the chief, including the St. Louis American,” but that is questionable.

Last week, Simon described the recruits allegation as a personal problem for the fire chief.

“He’s got a tough thing he’s dealing with,” Simon said. “The police are looking into it. We’ll wait and see what comes out of all this.”

Simon added, “He has a tough job. We all have tough jobs.”

Perhaps none tougher than being a firefighter for the City of St. Louis, where inherent, persistent danger in the workplace is joined with fraternal suspicion.

Payton said, “You trust a guy with your life, but you’re uncomfortable sitting in the same room together.”

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The Honorable Francis G. Slay

Mayor City of St. Louis

1200 Market St., Room 200

St. Louis, MO 63103-2877

July 26, 2007

Dear Mayor Slay:

I want to renew my request that a bipartisan group initiates an investigation into the allegations of cheating on the 2004 exam, based on my original complaint. At this time no promotions have been made that would adversely affect those members that prepared, studied and trained to be officers in the St. Louis Fire Department. Unfortunately, jobs are at stake and if promotions are made without investigating the allegations into cheating, we have cheated those who did not cheat. I also have some recommendations for a solution to the testing issue and the issue of racism in the St. Louis Fire Department;

1. We need to set some goals for us to achieve in reference to testing and put them in the form of an ordinance that everyone could agree to. During the mediation prior to the lawsuit we started on a proposal to address how testing should be conducted for the St. Louis Fire Department. I feel that we should revisit those proposals and come to a resolution.

2. Help us organize a group of leaders that are willing to address a plague (race and racism) that will continue to damage the growth of this city and the St. Louis Fire Department if we do not do it now.

My reason for raising the issue of cheating is that during the lawsuit, there was critical testimony from Dr. Echemendia of the testing firm Echemendia, Boyle, and Jacobs (EBJacobs) hired to administer the 2004 exam. According to her testimony, the City of St. Louis hired assessors (fire officers) from across the country to assess the participants in the exam. During the training of these assessors, Dr. Echemendia testified that they (testing company EBJacobs) gave the assessors the training booklets with the answers to the test prior to the administration of the test. This was a major mistake and caused a serious breach in security of their testing process. During her testimony, we realized how important and how serious our allegations of cheating were. However, because the Department of Personnel never addressed my complaint or conducted an investigation into the allegations of cheating and dismissed the allegations as hearsay, there was nothing for us to present to the Judge to prove that there was cheating. Based on these facts I implore you to support a bipartisan group with the interest of all parties being represented. A failure to investigate will also destroy the efforts of those who took the time to prepare, study and train for this exam. I feel that we owe it to the members of the St. Louis Fire Department and the citizens of St. Louis to make sure that we make every effort to investigate a reasonable compliant that some may have cheated and address them appropriately.

The Federal Judge, Rodney Sipple did rule in this case for F.I.R.E. in reference to Adverse Impact and then ruled against us on Validity of the exam at the first level of the judicial process. F.I.R.E. has appealed the decision of Judge Sipple to the United States Federal Court of Appeals. If this exam were compromised because someone cheated, that would surely cause the exam to be invalid. I am opposed to any promotions taking place until a bipartisan team of investigators investigates the allegations of cheating.

The issue of race and racism in the City of St. Louis and the St. Louis Fire Department is detrimental to all citizens. The latest changes in testing have systematically reduced the number of African Americans that are eligible for promotion to four or five promotions per testing cycle out of twenty (20) to thirty (30) promotions for Caucasians. This reduction is out of line with the number of African Americans in the fire service and in the St. Louis community. African Americans support our government entities with tax dollars and other contributions. We must also have equitable access and rewards from those institutions we support. We cannot go backwards; jobs and promotional opportunities form the basis of healthy communities.

I respectfully request a response to this letter at your earliest convenience or I can follow-up with a call by July 31, 2007. I feel the need for an urgent resolution to this issue so that we can resolve these problems.

Sincerely,

Addington Stewart

Chairman of F.I.R.E.

Enclosures (7); Court Testimony of Dr. Janet Echemendia

Letter to Mr. Duffe, March 30, 2004

Letter to Captain Stewart, April 7, 2004

Letter to Mr. Duffe, April 12, 2004

Letter to Mayor Slay, June 8, 2004

Letter to Chief George, June 17, 2004

Letter to Members of the Board of Alderman, June 24, 2004

Cc: Darlene Green, Comptroller

Lewis Reed, President of the Board of Alderman

Richard Frank, Director of Personnel

Sherman George, Fire Chief

Members of the Board of Alderman

Brenda Jones, Executive Director of the ACLU

John Moten, Black Leadership Roundtable

Tom Irwin, Executive Director Civic Progress

Harold Crumpton, Chairman NAACP

Jim Buford, Chairman Urban League

Douglas Parham, Chairman Black Clergy Coalition

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The Facts on Testing In the St. Louis Fire Department.

F.I.R.E. has filed an appeal in this lawsuit Stewart vs. The City of St. Louis and will await a decision from the U.S. District Court of Appeals.

In your article a conspiracy theory is still ablaze; in reference to the testing process in the St. Louis Fire Department and the administration by the Department of Personnel it is not just a conspiracy or a theory it is a fact.

In reference to the City Counselor Patricia Hageman’s statement “there is no chance for F.I.R.E. to win on an appeal” without the U.S. District Court of Appeals ruling on this issue I think that she is premature in her response. This statement appears to be an attempt to put pressure on the fire chief to promote now before this decision is upheld or reversed by the U.S. District Court of Appeals. No one has ever been demoted in the St. Louis Fire Department by the courts after promotions had been made.

According to the Charter and Civil Service Rules of the City of St. Louis the Director of Personnel has the authority to choose and hire testing consultants to administer test to employees of the City of St. Louis. The Charter and Civil Service Rules of the City of St. Louis also give the Manager or Chief the sole authority to promote or not promote from a promotional list. What is significant in this testing issue is the Director of Personnel gave the fire chief an opportunity to sit in on the process to choose a testing consultant for the St. Louis Fire Department. The only expert on the fire service in this process is the Fire Chief Sherman George, out of ten testing consultants the fire chief requested that they not use two of the ten consultants. The Director of Personnel chose to select one of the two consultants that Chief George requested him not use although there were eight other consultants to select from. The two consultants were Barrett & Associates and Echemendia, Boyle & Jacobs (EBJacobs) and because of their track records to administer test that continually have an adverse impact on African Americans around the country and their ability to administer test that does not measures and choose the best candidates here in St. Louis with prior examinations the fire chief made the decision to oppose those firms. Once the results from these tests were known they had an adverse impact on African Americans and failed to produce a list that chose the best candidate to mange in the St. Louis Fire Department.

Prior to the results of the 2004 test being known or distributed to members of F.I.R.E. or the St. Louis Fire Department F.I.R.E. filed an EEOC Complaint against the 2004 examinations. Once the results were known we amended our complaint to include Adverse Impact. We had also recently received a determination letter from the EEOC on our complaint that we filed against the 2000 examinations that were administered as lacking content validity, not measuring the skills and abilities of candidates and had adverse impact on African Americans. F.I.R.E then filed an injunction against the City of St. Louis to stop the promotions and address the issues we filed our complaint on. The U.S. District Judge Rodney Sippel stated that he would not stop the city from promoting but if F.I.R.E. proved its case on the merits he would demote. The fire chief made the decision to not promote from the 2004 promotional list not the Mayor, Director of Public Safety, City Counselor or Director of Personnel because according to the Charter it is at the fire chief’s discretion to promote or not promote from a list.

Once this decision was made to not promote, the fire chief and the City of St. Louis was sued by Local 73 where they filed a lawsuit to force the chief to promote from a promotional list. The City Counselor’s Office represented the City of St. Louis and the fire chief hired his own lawyer, Don Wolff to represent him because he was personally named and sued in the lawsuit. The State Court Judge David Dowd ruled that Chief George had to promote. That ruling was appealed by the fire chief’s lawyer and not the City of St. Louis to the State Court of Appeals. They reversed the decision of Judge David Dowd and stated that the Charter clearly gave the fire chief the sole authority to promote.

Now it must be noted that the chief was ordered to request the promotional list by the Public Safety Director Sam Simon, but he could not according to the City Charter order the chief to promote from the list. It should also be noted that in an article written in the Post-Dispatch by Robert Joiner a former columnist with the paper stated that the Director of Public Safety Sam Simon said that F.I.RE. was only trying to thwart the promotions of some Caucasian firefighters. It is unconscionable, 1) that the City of St. Louis would not appeal Judge Dowd’s decision. 2) This administration has not supported the fire chief on one issue that was or has been initiated by the union.



Another significant issue is that the Department of Personnel and EBJacobs would not allow you to see your test papers (questions, answers, or your answer sheet). They sent you a report stating what you did well or did poorly. There is no data that was shown or given to the candidates where you could actually see what you scored on the test. They gave you a lot of statistical data that meant nothing to the average test taker. Today they can not and will not show the individual candidate how they scored what they scored or how those scores comprised a promotional list of the individuals that took the test. It is simply trust us the City paid us a lot of money to develop this test, by the way which is proprietary.

The other issue is that F.I.R.E. filed a complaint with the Department of Personnel alleging that several firefighters had cheated by having access to the oral exams from one of the assessors. Now according to their process during the training of the assessors they were given copies of the exercises several days prior to the test being administered and as long as they signed a confidentiality agreement that they had integrity and would not show any of the information to candidates participating in the test, that was all they had to do. I listed the names of everyone that was involved, the person’s that informed me of the allegations and signed my name to the complaint letter. The results there was no investigation conducted and that my allegations were unsubstantiated. The person that I listed as one of the complainants was never called in for a statement or questioned at all. Why is any of this significant now they are thoroughly investigating an anonymous complaint? Yet they would not investigate a complaint filed by an individual with his name on the complaint.

Are Power, Control, Money, Nepotism, Cronyism and RACISM at the crux of a conspiracy to control who will be promoted and who will manage the St. Louis Fire Department?

Let me take you to the beginning of what I feel caused this conspiracy, that was the success of African American firefighters;

1978 – The federal courts ordered that 12 Blacks are promoted.

1980 – 1^st Assessment Center - The federal courts ordered after years of Multiple Choice Exams that were shown to be biased against Blacks were 33% of 25 promotions.

1984 – 2^nd Assessment Center – Blacks were 28% of the 51 promotions made.

1986 – 3rd Assessment Center Based Exam African Americans resulted in Blacks receiving 37% of the positions for Battalion Chief. NO LAWSUIT WAS FILED BY F.I.R.E. OR LOCAL 73.

1990 – 4^th Assessment Center Based Exam Blacks received 35% of the promotions. NO LAWSUIT WAS FILED BY F.I.R.E. OR LOCAL 73.

The first step to change the power structure and testing in the SLFD.

May 29, 1991 – In a memo from Gary Gebhart, Assistant Examination Manager to the Director of Personnel William Duffe and Deputy Director Deane Looney wrote the following legal concerns: A) written test often have an adverse impact against minority candidates. B) Courts have not viewed written test favorably as major ranking devices for supervisory/managerial positions (especially in public safety). C) The likelihood of successfully defending a challenge to an exam procedure for Battalion Chief that consists solely of written tests is questionable.

April 1993 – Freeman Bosley Jr. elected as the first African American Mayor.

1993 – After writing the memo above the city went back to a multiple-choice test and then added an Assessment Center Based exam after the multiple choice test had an adverse impact on Blacks. The test that they administered had an adverse impact against African Americans where the former Director of Personnel William Duffe utilized a practice known as race norming, lowered the cut-off score and changed the weights of the exam to try and avoid adverse impact first for white firefighters and then for black firefighters.

The Battalion Chief Exam administered by Landy Jacobs, the Director of Personnel William Duffe used his charter given authority to throw out the results of the test after a lawsuit was filed by Local 73 challenging the results of the exam.

1994 – 5^th Assessment Center Based Exam administered by Lawrence O’Leary for Captain; Blacks received 40% of the promotions. NO LAWSUIT WAS FILED BY F.I.R.E. OR LOCAL 73.

The 2nd step to change the power structure and testing in the SLFD; during this time several reverse discrimination lawsuits across the country began to be filed and the Anti-Affirmative Action efforts were underway.

1997 – The city administered a multiple-choice exam that yielded Blacks 4 promotions out of 19 promotions to Battalion Chief. Federal Judge Limbaugh ruled against us on a Summary Judgment.

April 1997 – Clarence Harman elected as Mayor.

1998 – Director of Personnel William Duffe used his charter given authority to throw out the results of this exam after it could not be graded by Memphis Fire Officers that did not know or understand our Rules, Regulations and Standard Operating Procedures.

November 1999 – Sherman George appointed Fire Chief by Mayor Harmon.

The 3^rd step to change the power structure and testing in the SLFD, by appointing a Black Fire Chief everything will be fair?

December 1999 - William Duffe announces new exams to be administered by the same company Barrett & Associates that had just administered an exam that had an adverse impact. It was known by the city that he administered exams in Chicago, Akron and Cleveland and they all had an adverse impact on Blacks and minorities. The fire chief opposed the use of this firm. The Director had the charter given authority to choose the consultant of his choice and disregarded the wishes of the fire chief. The results were adverse impact on Blacks for Captain (4 promotions out of 22) and Battalion Chief (two promotions – Blacks none).

April 2001 – Mayor Slay elected.

The 4^th step to change the power structure and testing in the SLFD, hire a black testing consultant everything will be fair?

2002 – The first Black testing consultant in history is hired by the Department of Personnel. Charles Blockett & Associates is hired to administer the Captain & Battalion Chiefs exams. Before his job analysis is conducted the Union (local 73) files a lawsuit in State Court that the test will be biased to Caucasian firefighters, the State ruled that they have not been harmed so take the examination. They filed a lawsuit in federal court stating that the test that has not been administered by the first Black testing consultant will be biased against Caucasians. The federal courts ruled that they have not been harmed so take the test. Allegations of cheating were made that some firefighters may have gotten a copy of the oral exercises. After an investigation by the department of personnel, William Duffe decided that he would exclude the exercises in question and proceed with the exam. The Mayor overruled Duffe and called in the police department to investigate. The results were a Black Battalion Chief and a White firefighter was fired. Through no fault of Charles Blockett he was not given the opportunity to complete his examination process.

Prior to administering the Blockett exam William Duffe allowed the promotional list from the 2000 exam to expire. The Mayor requested that he re-certifies the list and use it to make promotions. Duffe sends the request to the Civil Service Commission who decides to resurrect the list for promotions. F.I.R.E. files a lawsuit to challenge the Civil Service Commission’s authority to resurrect a promotional list that the Director of Personnel allowed to expire. F.I.R.E. prevailed in that lawsuit.

The 5^th step to change the power structure and testing in the SLFD, the new Director Richard Frank hires Saville Holdsworth Landy (SHL) formerly Landy Jacobs and finally Echemendia Boyle Jacobs (EBJ).

In March of 2004 EBJacobs was hired to administer the exam. Allegations of cheating were ignored by the Department of Personnel to launch an investigation. The test will have an adverse impact on African Americans if promotions are made from this testing process. It is the responsibility of the City to administer and find a consultant to administer an examination that would have a lesser impact and test for the best manager in the St. Louis Fire Department. We have sent them names of consultants whose processes have not caused an adverse impact and have even requested that they go back to what the courts had prescribed and the process that they used in the 1978, 1980, 1982, 1986, 1990 and 1994.

I feel that this was an intentional organized effort by the union that spanned several administrations, support for various candidates, and changes in the testing process that caused this series of lawsuits and fighting between F.I.R.E and local 73 over the last fifteen years.

Addington Stewart

Chairman of F.I.R.E.

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Political Eye

Maybe Jeff Rainford and Ed Martin need new jobs

Thursday, November 1, 2007 8:07 AM CDT

A businessman with significant investments in the city of St. Louis was moaning about the intensified racial divisions left by how the mayor’s office mishandled the latest episode in the longtime leadership struggle within the fire department.

“Do we need to find Jeff Rainford a different job?” this businessman asked.

He was referring to Mayor Francis G. Slay’s chief of staff, whose clumsy fingerprints were all over the hatchet job on Fire Chief Sherman George.

Rainford’s lack of sensitivity to the black community’s concerns can be startling. Last year when the city of St. Louis was fingered as first in crime, Rainford was all over the local mass media. He carried on about how he and his wife (Janet Rainford, who works for the same company that has a no-bid contract to provide the City with Wi-Fi service) stroll their St. Louis Hills neighborhood in sublime safety at all hours.

Good for them. And, yes, of course, the city of St. Louis has some safe neighborhoods. It also has earned its reputation as Murder City, as its black citizens know too well. So, how could Rainford not have known how insular and insensitive he sounded, in preaching the safety of the city?

If he knew anything - or cared anything - about the black people who help to pay his salary, at the very least he would have acknowledged the city’s undeniably dangerous neighborhoods (where people do kill and die at alarming rates) before selling the city the white folks relate to.

It’s that tone deafness to issues of concern to the city’s majority black community that led to the polarizing bungling of Chief George and the promotions issue. Slay can get a few people like Charles Bryson, Sammie E. Jones and Claude Brown to stay in line. But as long as Rainford’s attitude drives the Slay administration’s thinking on racially sensitive issues, the prospect for cooperation essential for the city’s future progress is dim.

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St. Louis FD Roiled by Racial Tensions

From The Associated Press, January 14

ST. LOUIS, MO – Few brotherhoods are as strong as the one among firefighters, who depend on one another just to stay alive. But powerful racial tensions have divided the St. Louis Fire Department and spilled over recently to City Hall.

In October, the city's white mayor, Francis Slay, demoted black Fire Chief Sherman George after a three-year dispute over the firefighter promotion exam.

Since then, the FBI has investigated two incidents inside engine houses that were reported as possible hate crimes — one involving a stuffed monkey hung by the neck, the other a noose tied around a cracker box.

The FBI concluded that neither case was racially motivated, and neither amounted to a federal crime.

But coupled with the chief's demotion — and his replacement by a white firefighter — the incidents have stirred an outcry from the city's black community. There have been rallies at City Hall, an effort to recall Slay, and a boycott of the city that is making a convention of black engineers consider moving the event elsewhere.

Firefighters, politicians and preachers have been drawn into the dispute, with the opposing sides describing the monkey and noose incidents in starkly different terms.

"The good white folks say it's a prank," said retired Battalion Chief Robert Grady, who is black. "To a black guy, that's a death threat."

The mayor said he is trying to bridge a long-standing divide in the department that is institutionalized — the department's union is largely dominated by white members. It was a blacks-only group within the department, the Firefighter's Institute for Racial Equality, that raised the complaints that led to the FBI investigation.

The roughly 700-member firefighting force is 56 percent white and 43 percent black, while the city of 347,000 is about 50 percent black and 45 percent white.

"The racial tension seems to really rise to a high level every time the promotion issue comes up," said the mayor, who is in the middle of his second four-year term. "This is something that has been going on for at least the 20 years while I've been in city government."

FBI agent John Gillies said the monkey had been found at a fire scene and brought back to the engine house, where a firefighter hung it from a strap around its waist to dry. It remained there for weeks until someone removed the stuffed animal in December and rehung it by the neck, Gillies said.

The noose around the cracker box was a misguided attempt to make light of the monkey incident, Gillies said. The firefighter who put the noose around the box was a minority, but not black, according to the FBI agent.

At issue in George's demotion was a test used to determine which firefighters are promoted. George insisted the test was inadequate because it focused too much on superficial questions that didn't demonstrate the kind of skills needed in a real fire.

In 2004, the black firefighters organization sued over the tests, claiming the process discriminated against blacks. Over the next three years, George put a freeze on all promotions. Of the 28 candidates on the promotion list based on their exam scores, only four were black, the former chief said.

"It's a matter of principle," George said. "I stood for what I believe."

The mayor's office argued that holding up the promotions violated the city's charter, which takes hiring decisions away from the fire chief to reduce cronyism.

When City Hall ordered George to make the promotions this fall, he refused and was demoted. Soon after, he retired and filed a complaint with the U.S. Equal Opportunity Employment Commission.

Chris Molitor, president of the firefighters union, said the chief's refusal to approve any promotions put a strain on the department, burdening some firefighters with leadership duties.

"There's a lot of extra work with doing the job above you, and everyone was doing it with no extra compensation on top of it," Molitor said.

George — the city's first black chief — himself won his first promotion only because of a federal court order in 1978 that found the department's tests for promotions discriminated against blacks. George, 63, and other black veterans of the department say racism hindered their rise at every step.

"The fire department was a country club for white folks," said retired Capt. Baby Webber, who is black. "Then the black folks started coming in and breaking up their country club."

The mayor does not see the recall petition against him as a political threat, said Slay's chief of staff, Jeff Rainford. Organizers said Wednesday they had collected just 7,000 of the 43,000 signatures necessary for a recall.

The mayor said his director of public safety is drawing up plans to create a committee with members from both the union and the black firefighters organization that could establish new policies for the department.

"I think the vast majority of the people in this city — both black and white — are interested in moving this city forward," Slay said.

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Rod Watson: Being white in Buffalo is no ‘burden’

From the Mayor's DeskFriday, August 31, 2007

Simon Said?

COMMENTARY

Rod Watson: Being white in Buffalo is no ‘burden’

Rod Watson Updated: 08/16/07 8:09 AM

St. Louis FD Roiled by Racial Tensions

Rod Watson
Updated: 08/16/07 8:09 AM