Interim Selection Process. 33. The Parties recognize that the proper development of a New Selection Device to replace the Challenged Written Exams will take time, and that the County’s immediate opera- tional needs require the hiring of entry-level police officers and cadets before the de- velopment and implementation of the New Selection Device pursuant to Paragraphs 40-47 of this Agreement. 34. In order to address the County’s immediate operational needs, the Parties agree that the County may, on an interim basis, continue using the National Police Officer Selection Test (the “interim written examination”). The County independently began using this interim written examination in June 2019. The County’s continued use of the interim written examination will be on a pass/fail basis. 35. No later than thirty (30) days after the County’s first administration of the New Selec- tion Device implemented pursuant to Paragraphs 40-47 of this Agreement, the County will produce applicant flow data necessary for the United States to determine if the interim written examination caused an adverse impact on African American applicants and to calculate any resulting Hiring Shortfall caused by the interim written examina- tion, as well as any information then in its possession regarding the validity of the in- terim written examination. Specifically, the County will provide the following infor- mation for each individual who took the interim written examination: name; social se- curity number; contact information; race; test date; written examination overall test score, as well as the scores on each component of the exam; the written examination pass/fail determination; whether the individual was hired; final offer date (if applica- ble); and other related data points collected as part of the County’s routine recordkeep- ing process identified by the United States. Such information shall be produced in an electronic format agreed to by the Parties. 36. The United States shall review the materials provided and, no later than forty-five (45) days after receipt of all documents and information required by Paragraph 35, notify Baltimore County in writing whether it has found that the interim written examination caused an adverse impact on African American applicants, its calculation of any result- ing Hiring Shortfall, and whether it believes the information provided by the County about the validity of the interim written examination satisfies the County’s burden to establish that its use of the interim written examination complies with Title VII (i.e. was job related and consistent with business necessity). 37. If the United States notifies the County that the interim written examination caused an adverse impact that resulted in a Hiring Shortfall and that the information provided by the County does not demonstrate that the interim written examination complies with Title VII, the County shall notify the United States within ten (10) days whether it intends to produce additional evidence in support of the validity of the interim written examination. If the County intends to produce additional evidence, it must do so no later than thirty (30) days after receipt of the notification from the United States de- scribed in Paragraph 36. 38. No later than sixty (60) days after receipt of a production of additional evidence from the County pursuant to Paragraph 37, the United States shall review the materials, ▇▇- ▇▇▇▇▇▇▇ whether the County’s use of the interim written examination complied with Title VII, and notify the County in writing of its determination. 39. If the United States determines that the interim written examination did not comply with Title VII, the County will, no later than sixty (60) days after receiving notification from the United States under Paragraph 38, invite all African Americans who failed the interim written examination to take the New Selection Device developed pursuant to Paragraphs 40-47 of this Agreement. The County shall hire up to six (6) people from the pool of invited African American individuals who appear for and pass the New Selection Device and successfully complete the County’s other police officer and cadet screening procedures then in effect into the first available BCPD Academy class. The County’s obligation to hire individuals under this Paragraph shall be limited to the Hir- ing Shortfall identified by the United States under Paragraph 36 or six (6), whichever is lower. The individuals hired pursuant to this Paragraph will not be eligible for back pay (beyond that which they may be eligible for pursuant to Section VI.E.) or a hiring bonus, but will be granted seniority credit and vacation benefits corresponding to the year in which the individual first took and failed the interim written examination as follows: a. On the date on which an individual hired pursuant to this Paragraph 39 enters the BCPD Academy, the County shall credit the individual with seniority for purposes of calculating the regular rate of pay (and any other types of pay cal- culated based on the regular rate), annual leave, and accrual of vacation leave after the first year of employment as outlined in the table immediately below.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Interim Selection Process.
33. The Parties recognize that the proper development of a New Selection Device to replace the Challenged Written Exams will take time, and that the County’s immediate opera- tional needs require the hiring of entry-level police officers and cadets before the de- velopment and implementation of the New Selection Device pursuant to Paragraphs 40-47 of this Agreement.
34. In order to address the County’s immediate operational needs, the Parties agree that the County may, on an interim basis, continue using the National Police Officer Selection Test (the “interim written examination”). The County independently began using this interim written examination in June 2019. The County’s continued use of the interim written examination will be on a pass/fail basis.
35. No later than thirty (30) days after the County’s first administration of the New Selec- tion Device implemented pursuant to Paragraphs 40-47 of this Agreement, the County will produce applicant flow data necessary for the United States to determine if the interim written examination caused an adverse impact on African American applicants and to calculate any resulting Hiring Shortfall caused by the interim written examina- tion, as well as any information then in its possession regarding the validity of the in- terim written examination. Specifically, the County will provide the following infor- mation for each individual who took the interim written examination: name; social se- curity number; contact information; race; test date; written examination overall test score, as well as the scores on each component of the exam; the written examination pass/fail determination; whether the individual was hired; final offer date (if applica- ble); and other related data points collected as part of the County’s routine recordkeep- ing process identified by the United States. Such information shall be produced in an electronic format agreed to by the Parties.
36. The United States shall review the materials provided and, no later than forty-five (45) days after receipt of all documents and information required by Paragraph 35, notify Baltimore County in writing whether it has found that the interim written examination caused an adverse impact on African American applicants, its calculation of any result- ing Hiring Shortfall, and whether it believes the information provided by the County about the validity of the interim written examination satisfies the County’s burden to establish that its use of the interim written examination complies with Title VII (i.e. was job related and consistent with business necessity).
37. If the United States notifies the County that the interim written examination caused an adverse impact that resulted in a Hiring Shortfall and that the information provided by the County does not demonstrate that the interim written examination complies with Title VII, the County shall notify the United States within ten (10) days whether it intends to produce additional evidence in support of the validity of the interim written examination. If the County intends to produce additional evidence, it must do so no later than thirty (30) days after receipt of the notification from the United States de- scribed in Paragraph 36.
38. No later than sixty (60) days after receipt of a production of additional evidence from the County pursuant to Paragraph 37, the United States shall review the materials, ▇▇- ▇▇▇▇▇▇▇ whether the County’s use of the interim written examination complied with Title VII, and notify the County in writing of its determination.
39. If the United States determines that the interim written examination did not comply with Title VII, the County will, no later than sixty (60) days after receiving notification from the United States under Paragraph 38, invite all African Americans who failed the interim written examination to take the New Selection Device developed pursuant to Paragraphs 40-47 of this Agreement. The County shall hire up to six (6) people from the pool of invited African American individuals who appear for and pass the New Selection Device and successfully complete the County’s other police officer and cadet screening procedures then in effect into the first available BCPD Academy class. The County’s obligation to hire individuals under this Paragraph shall be limited to the Hir- ing Shortfall identified by the United States under Paragraph 36 or six (6), whichever is lower. The individuals hired pursuant to this Paragraph will not be eligible for back pay (beyond that which they may be eligible for pursuant to Section VI.E.) or a hiring bonus, but will be granted seniority credit and vacation benefits corresponding to the year in which the individual first took and failed the interim written examination as follows:
a. On the date on which an individual hired pursuant to this Paragraph 39 enters the BCPD Academy, the County shall credit the individual with seniority for purposes of calculating the regular rate of pay (and any other types of pay cal- culated based on the regular rate), annual leave, and accrual of vacation leave after the first year of employment as outlined in the table immediately below.
b. Upon the individual’s successful completion of the BCPD Academy, the County will grant individuals hired pursuant to this Paragraph 39 with a certain number of vacation days for their first year of employment as outlined in the table immediately below. 2019 7/1/2020 13 2020 7/1/2021 (unless actual start date is earlier) 12 2021 12/1/2021 (unless actual start date is earlier) 12 2022 7/1/2022 (unless actual start date is earlier) 12
Appears in 1 contract
Sources: Settlement Agreement