Judge to decide whether test for police will be given again

The promotional exam consists of 125 multiple choice questions, city officials said.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- It will be July before a Trumbull County Common Pleas judge decides if the city's civil service commission will have to give another promotional exam.
Judge Andrew Logan heard testimony Friday as to why six city police sergeants want a second chance to take a promotional exam. The judge said he will review the information before deciding.
The six sergeants filed a lawsuit in March, asking the court to order the city civil service commission to give a new exam, which must be passed to be considered for promotion to lieutenant, should an opening at that rank occur.
The plaintiffs are Sgts. Robert M. Massucci, John Delbene, Albert Bansky, Martin Gargas, Joseph O'Grady and John Burzynski.
During Friday's hearing, O'Grady testified that the candidates were told in December that the promotional exam would be given in February. The candidates were also given a list of reference materials to study.
Ten candidates took the test and six failed. City officials declined to name the six who failed.
What lawsuit alleges
According to the lawsuit, the candidates were told they should read "Management and Supervision in Law Enforcement," third edition. However, the plaintiffs state that there were questions on the test that were taken from the second edition of that book.
Atty. Jim Ries, an assistant city law director, said during Friday's hearing 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, city officials said.
The lawsuit states that the two top scorers on the promotional examination did study the second edition.
"The test was a good test and should not be thrown out," Ries said. "People who did not do well on the test are using the fact that they were not told to read one book as a pretext to get the test thrown out."
Ries noted that the list of books the civil service told candidates to read was a "suggested" reading list.
sinkovich@vindy.com