Keep firefighters’ hiring policy intact for now, city council advises

By David Skolnick

The mayor said he’s concerned the city’s law could be unconstitutional.

YOUNGSTOWN — City council doesn’t support a change, recommended by the city administration, to the longstanding policy on hiring firefighters — at least for now.

Six of council’s seven members discussed the proposed change at a council safety committee meeting Monday. They agreed not to change it, and to study the options further.

Mayor Jay Williams wants to eliminate the policy of two lists — one for white men and one for minorities and females — to hire firefighters and police officers.

The city typically hires one minority and/or female for every two white men it hires for jobs with its police and fire departments.

Law Director Iris Torres Guglucello said she recently discovered a 2006 federal-appeals-court decision declaring the use of two lists by Shreveport, La., to be unconstitutional.

Two lists are permissible under Ohio law.

If the city doesn’t change the policy to get rid of the two lists, they may be sued, Williams said. There’s also the possibility of a lawsuit if the policy is changed, he said.

Shreveport went to one list of every person who passes tests given for police and fire jobs and eliminated ranking them by the top written scores on exams.

Following Shreveport’s lead is one option, Williams said. Other possibilities include Youngstown eliminating written tests and hire people based on their qualifications or keeping the two lists, he said.

“I believe we should use what we have,” said Councilwoman Carol Rimedio-Righetti, D-4th. “I’m not saying we shouldn’t change the policy in the future.”

The Shreveport decision was in a federal court district that doesn’t have Youngstown in its jurisdiction.

But “if we’re sued, how do you defend [yourself] knowing a court decision came out ruling what we do is unconstitutional?” Williams asked.

Williams asked that council approve legislation at its next meeting, Feb. 3, supporting the two-list policy in case of a lawsuit. Council members agreed to the mayor’s request.

“Just know that it comes with repercussions,” Williams said about not changing the policy.

Because of recent retirements and resignations, the fire department needs to hire nine to 11 firefighters early next month.

The current policy ranks potential employees by the top written score, as long as they also pass an agility test. Those in the top 10 are at the top of the list in being offered the firefighter jobs, which have a starting annual base salary of $24,000.

Of the 185 applicants who signed up to take the firefighter test in April 2009, 78 passed. The top minority finished 51st. Three women passed the written test but failed the physical agility test.

A “great majority” of those who scored the highest on the exam aren’t from Mahoning County or surrounding counties, Guglucello said.

Those taking the written test needed a score of at least 70 to pass.

skolnick@vindy.com