WARREN Officers denied chance to retest

A member of the city's civil service commission said he is pleased with the ruling.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- City police officers who were hoping to retake a promotional exam to improve their score will not be given that chance.
Judge Andrew Logan of Trumbull County Common Pleas Court ruled Wednesday that he will not order the Warren Civil Service Commission to give another promotional exam for rank of lieutenant.
The six sergeants who filed the lawsuit did not show any "abuse of discretion" by the commission, the judge said.
"This court should not be involved in redrawing, preparing or revisiting test questions and cannot and should not intervene in the Civil Service Commission matters absent abuse of discretion," the judge's ruling states.
The officers who filed the lawsuit declined to comment. They are Sgts. Robert M. Massucci, John Delbene, Albert Bansky, Martin Gargas, Joseph O'Grady and John Burzynski.
The judge also stated in the six-page ruling that if he ordered the test to be given again he would be penalizing the two sergeants who scored the highest.
Atty. James Fredericka, a commission member, said he is pleased with the ruling.
The six sergeants filed the lawsuit in March. They asked the court to order the commission to give a new exam should an opening at that rank occur. The test must be passed to be considered for that promotion.
Ten candidates took the test Feb. 6, and six failed.
Questions
The lawsuit says the candidates were told they should read the third edition of the book "Management and Supervision in Law Enforcement" to prepare for the test. The plaintiffs, however, say there were questions on the exam that were taken from the book's second edition.
Atty. Jim Ries, an assistant city law director, has said that the first 70 questions on the test came from the third edition. The plaintiffs, however, contend that 11 questions on the test were not covered in the third edition.
The test consists of 125 multiple-choice questions.
The lawsuit says the two top scorers on the promotional examination did study the second edition.
The test is administered by Clancy & amp; Associates of Cleveland. The commission previously had granted another protest period for candidates upset about the test.
sinkovich@vindy.com