Based on the attached memo sent to the police chiefs by HRD, it appears the agency has finally relented and will establish promotional lists from the October 2008 exam in the traditional “whole number” formula.

As the memo goes on to state, HRD will attempt through rulemaking to change the current rule requiring scores in whole numbers.  If the rule is changed, they would then, presumably, band results of the next promotional examinations.

 I know that within seconds of this entry’s going out, we will be asked these questions:  (1) “Will you challenge banding in rulemaking?” and (2) “What is the likelihood of winning such a challenge?”  The answer to Question 1 is simple: we will do what our clients ask us to do.  To stop banding of this exam, our clients Mass. Coalition of Police and Boston Police Patrolmen’s Association jointly retained us.  Whether to contest the issue in rulemaking will be their decision.  As for the likelihood of a successful legal challenge to the rulemaking, I will say only that there are arguments that could be raised on both sides of the issue.

We (my law partner Bryan Decker and myself) again want to thank all of you for your support, but most especially our clients, MCOP and BPPA, without whom HRD would have been able to run roughshod over its own rules and the merit-based system Civil Service is supposed to be.

Download Memo…