Judge Rips Lawyers For Failing to Hand Over Documents in FDNY Discrimination Case

NY Daily News - May 04, 2010

by John Marzulli

A judge blasted city lawyers Monday for failing to hand over thousands of documents linked to a Fire Department exam that discriminated against minority candidates.

Brooklyn Federal Judge Nicholas Garaufis went from simmer to boil as a lawyer tried to explain how 6,000 pages of materials were recently discovered - two years after the city insisted it turned over all paperwork to the feds.

"I am deeply troubled by the implication that you don't seem to know who your client is," Federal Judge Nicholas Garaufis said.

"Your client is the public," he continued. "It's not the fire commissioner, it's not the mayor. You're not in the position of protecting this one or that one - it's protecting the public interest."

Garaufis stopped short of ordering sanctions but put city officials on notice that he is running out of patience.

City lawyer James Lemonedes appeared to blame the snafu on a city lawyer who no longer works for the city. The documents were found in her office.

The judge ruled last year that two written FDNY entrance exams systematically barred hundreds of blacks and Hispanics from becoming firefighters between 1999 and 2007.

He has ordered the city to create a new exam and establish a process to determine monetary compensation and retroactive seniority for victims.









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