The New York City Department of Citywide Administrative Services [DCAS] included 20 "research questions" in an examination for Associate Fraud Investigator. The candidates' answers to these question were not rated for the purposes of establishing their "test score" but were included in an effort to allow DCAS to develop alternate forms of an examination "for a given title that would yield measurably equivalent outcomes" and to provide a means for testing "the validity of examination questions, ensuring that these questions were valid across differing groups of test-takers, regardless of their racial or ethnic background." In addition, the time for taking the examination was extended to provide adequate time to answer all questions.
The Social Services Employees Union Local 371 [Local 371] filed a petition pursuant to CPLR Article 78 seeking a declaration that results of a civil service examination administered by the New York City Department of Citywide Administrative Services [DCAS] were null and void. Supreme Court dismissed Local 371's petition which action was unanimously affirmed by the Appellate Division.
The Appellate Division explained that Local 371 "failed to establish" that DCAS's inclusion of 20 ungraded research questions in an examination administered for the position of Associate Fraud Investigator violated the merit and fitness mandate set out in Article V, §6 of the New York State Constitution or §50(1) of the New York State Civil Service Law* or that DCAS action in including the research questions in the examination was otherwise arbitrary and capricious.
In the words of the Appellate Division, DCAS is "afforded considerable discretion in preparing and administering civil service examinations" and as long as the examination is "reasonable in testing for the skills identified for the position" and " competitive' in the constitutional context," courts should not "second guess the format or the methods of the examination."
Further, said the court, Local 371 failed to "sufficiently allege that the inclusion of these ungraded questions was arbitrary or capricious" as all candidates were scored the same way on the graded questions, and the test did not inherently disadvantage any one candidate. The decision also notes that the candidates were evaluated only on the basis of questions that had already been validated as providing an accurate measure of merit and fitness for the role.
Unanimously affirming the lower court's ruling, the Appellate Division opined that DCAS is not required to adopt Local 371's preferred method of testing proposed examination questions, particularly where the method chosen meets the constitutional and statutory mandates.
* §50.1 of the Civil Service Law provides as follows: "Positions subject to competitive examinations. The merit and fitness of applicants for positions which are classified in the competitive class shall be ascertained by such examinations as may be prescribed by the state civil service department or the municipal commission having jurisdiction."
The decision is posted on the Internet at: