More than 100 high-ranking police officers in Paterson and Newark are at risk of demotion after a state court ruled that the test they took to get their promotions was invalid.
A New Jersey appeals court has ordered a retake of the civil service test that more than 100 superior officers in Newark and Paterson passed six years ago. Passing that test earned them their titles. Some, like Paterson Police Lt. Troy Allen, have been promoted twice.
“These officers have mortgages, children, all that were obtained after they made the rank of sergeant, lieutenant and possibly captain,” said Chris Benevento, the president of the Paterson Police Superior Officers Association. “If they are demoted, their lives can be thrown into complete disarray.”
The test was ruled invalid years later over concerns that the last 10 questions created a racial disparity.
Court documents say the score difference between minority candidates and non-minority candidates decreased when those questions were removed.
But those who passed the test don’t believe this should impact them.
“[There’s] no race bias,” said Lt. Allen. “I think the last 10 questions were in regards to the attorney general guidelines, and it's pretty much cut and dry.”
“If there is a problem with the exam, it should be either everyone in the whole state who has to retake it, or only the 15 original appellants,” said attorney Valerie Palmer.
Palmer represents the 31 Paterson officers and 75 Newark officers impacted. She said she has filed an appeal, and is asking for a stay before the exam is offered again in February.
Police say the test requires months of studying and sacrifice. Unless they get the pause they are asking for, they will have to take the test faster than the six months’ notice that the PBA says they’d usually get.
The court says that until the officer passes the new test, the titles they earned are
conditional. The PBA argues that the results of a new test could deplete staff.
“You're not replacing that experience by plugging in a lieutenant from patrol, which we're not going to have because you just demoted all our lieutenants on patrol,” said Angel Jimenez, the president of the Paterson PBA.
News 12 reached out to the Civil Service Commission but did not hear back. The Office of the Attorney General, which has taken control of the Paterson Police Department, had no comment.