IBPO Challenges Massachusetts' Proposal for Civil Service Exam Score Banding
The Massachusetts Human Resources Division held a hearing in December on proposed changes to Personnel Administrator rules. The hearing room was packed, largely with fire and police representatives concerned about the proposals for score banding on civil service examinations. Deputy General Counsel Jean Zeiler attended the hearing on behalf of IBPO.
"Without any public notice, HRD tried to introduce score-banding for police civil service examinations taken in October 2008, which would take us right back to the days of rampant nepotism," said Zeiler. "With an expanded number of individuals in a band, the risk of playing favorites is magnified."
The IBPO joined in a lawsuit against the banding and a Superior Court Judge granted an injunction stopping HRD from banding scores rather than straight ranking by whole number.
HRD is now proposing rules to allow score banding for civil service entry and promotional examinations. Banding puts a range of scores in one group, and selections may be made from anyone in that band. Depending on how the band is determined, candidates may be equally eligible for promotion with scores that may be up to seven or more points apart. There is no bypass appeal right if someone with a lower score but in the same band is selected.
The IBPO and other public safety unions opposed the banding as a return to the days of nepotism. Serious concerns were raised about how banding would eliminate the veterans preference, since veteran points may not count for anything within a band. The banding expert HRD brought to the hearing stated that the bands are not determined until after the test is taken. Most places that use banding introduce additional testing to distinguish between candidates. HRD would not answer the question raised over and over of what problem they were seeking to correct with banding.
While the current system may not be perfect, it provides an objective ranking and appointment system. Most municipalities also have additional evaluations for promotion, such as oral interviews. An Appointing Authority may seek to bypass the top scorers, but must justify such decision to the HRD, and individuals have appeal rights to the Civil Service Commission.
Paul Dietl, Chief Human Resources Officer, explained that the purpose of this hearing was to take comments and answer questions before any rules were finalized. Any final rules will be subject to public comment and hearing. Since no one appeared to defend banding, the IBPO hopes HRD listened to the stakeholders and will decide not to move forward with banding. Otherwise, the IBPO remains committed to fighting rule changes that make career advancement once again depend more on who you know than what you know.