Tag Archives: merit testing

Court Rules FDNY First Amendment Suit Can Proceed

A US District Court judge has refused to dismiss a lawsuit brought by an FDNY deputy assistant chief who was denied a promotion for refusing to renounce letters to the editor he wrote decades ago relative to merit based testing. Even more interestingly, Judge Brian M. Cogan suggested that the proper First Amendment analysis for the case is not the traditional Pickering Balancing Test, but rather one that looks at the ability of government to compel the speech of public employees.

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Suit by FDNY Ops Chief Alleges Promotion Denial Violates First Amendment

An FDNY deputy assistant chief who claims he was passed over for promotion to assistant chief for refusing to renounce letters to the editor he wrote decades ago relative to merit based testing, has filed suit alleging the city violated his First Amendment rights. DAC Michael F. Gala, Jr. filed suit late last year naming the city and Fire Commissioner Daniel A. Nigro as defendants.

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Connecticut Suit Over Merit Promotional Testing to Proceed

A lawsuit brought by four Stamford, Connecticut firefighters challenging changes to the city’s promotional process, will proceed over the objection of the city. Lieutenants Kevin Dingle and Bruce Wagoner, along with firefighters Robert Pickering and Brian Whitbread filed suit last year naming the city of Stamford and several city administrators as defendants.

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