Colorado Black Professional Firefighters 3255 West Layton Avenue Englewood, CO.

80110

June 11, 2012

An Open Letter To: Those organizations dictated to upholding the concepts of truth, fairness and diversity. From: The (Colorado Black Professional Firefighter Organization (CBPFF) a non-profit chapter of the International Association of Black Professional Firefighters (IABPFF). Re: The lack of hiring and promotional opportunities for African Americans on the Denver Fire Department.

As a way of a brief introduction, my name is Anthony (Tony) Martin. I am a 20 year veteran of the Denver Fire Department, holding the rank of Fire Captain; I am also the current President of Colorado Black Professional Firefighters. I am contacting you in order to express a grievance, as well as, solicit your help. I will be succinct. From the inception of the fire service to this day, there have been and continue to be myriad challenges African American Denver Firefighters (and African America Firefighters in the fire service all over this great nation) have had to face and overcome. Our employee group and similar ones that work on the behalf of Female and Hispanic Firefighters were developed out of necessity in order to facilitate goodwill and fairness and to ensure all underrepresented Denver Fire Fighter members voices are heard. I hope that you can appreciate the difficulty of that endeavor when you are made aware that there are fewer than 50 black Firefighters currently employed by a department that is staffed by more than 900 members. Having made that initial point, I would like to take the time to extend warm greetings to you from Colorado Black Professional Firefighters (CBPFF). As mentioned, in an effort to cover all bases as we move forward as a people (and an organization), we are reaching out to you and your organization for assistance. It is hoped that that assistance will come in the form of helpful ideas which CBPFF has not yet considered. A helpful nudge toward resources which might help all of us reach our mutual goal of more opportunities for qualified people of color from our community, would also be very much appreciated. Or, perhaps you can offer help in some other unexpected way. Of the aforementioned 900 plus Firefighters employed by the Denver Fire Department (DFD). Fewer than 50 are African American (only 2 of those are female). We recently endured a seven year stint wherein no black firefighters were hired. In that same span there were more than a dozen fire academy classes for new recruits (traditionally, a recruit class will include 20 or more members). Additionally, the charter of the Civil Service Commission which is responsible for the DFD hiring process and promotional exams, states clearly that the Commission and its members are directly responsible for maintaining an appropriate level of diversity throughout the public safety sector. A task in our opinion they have failed to carry out.

Keeping the Fire Burning for Justice

Colorado Black Professional Firefighters 3255 West Layton Avenue Englewood, CO. 80110

Not only has it been difficult for African Americans and minorities in general to be hired by the DFD, it has been equally difficult for those who have been hired to promote to higher level positions. In the last several years the number of African American Chiefs working for the DFD has been reduced from a high of 5 to just 1, and that remaining Chief is slated to retire soon. The situation is the same for our African American Captains and Lieutenants. Unfortunately, this problem is not unique to the Denver Fire Department. Something has gone terribly wrong in the hiring and promotional practices for many fire departments across this great nation of ours. You dont have to look very hard (or far) to see just how true that statement is. A few examples are:

March 22, 2011 article in the Houston Chronicle tells of Seven Black Houston Firefighters unfairly passed over for promotion to the rank of Captain who, after filing a lawsuit, were later awarded that rank and cash settlements. City lawyers negotiated a settlement offer of $301,165.12 in attorneys fees and back pay to the 7 Firefighters. August 17, 2011 article in NBCChicago.com stated that the Chicago Fire Department had to hire 111 Black Firefighters by March 2012. The order, presented by U.S. District Court Judge Joan Gotschall, stemmed from a civil rights case that had made its way through trial and federal court. The lawsuit alleged that the Chicago Fire Department used discriminatory practices in its evaluation of scores for a 1995 entrance exam. March 9, 2012 article in the New York Law Journal speaks of Eastern District Judge Nicholas Garaufis who, on March 8, said New York City could be on the hook for tens of millions of dollars in damages in connection with the New York City Firefighter discrimination case for Black candidates who were not hired or suffered delays in being hired. The judge also said that the city has had many opportunities to avoid financial liability of this magnitude, and that it had been in the city's power to prevent or remedy the need for damages proceedings for a decade and it has not done so. March 12, 2012 article in the Baltimore Sun informed its readership of how the Department of Justice launched an investigation into the Baltimore County Fire Departments possible violations of the Civil Rights Act in hiring African-Americans for entry-level uniformed positions in the Police and Fire Departments. April 24, 2012 article in Firstcoastnews.com tells of similar troubles they are having in Jacksonville Florida. The United States Department of Justice has filed a lawsuit against the city of Jacksonville and the Jacksonville Association of Firefighters. The DOJ filed the suit saying the entities engaged in racial discrimination against Black firefighters seeking promotion.

The following letter was sent out April 5, 2012 to the following Individuals: Michael B. Hancock, Mayor of Denver; Alex J. Martinez, Manager of Safety; Stephanie Y. OMalley; J.D, Deputy Chief of Staff; City Council President Chris Nevitt: City Council members; Susan Shepherd; Paul D. Lpez; Peggy Lehmann; Mary Beth Susman;

Keeping the Fire Burning for Justice

Colorado Black Professional Firefighters 3255 West Layton Avenue Englewood, CO. 80110

Charlie Brown; Albus Brooks; Judy H. Montero Jeanne Robb; Christopher Herdon , Councilwoman-at-Large Robin Kniech, and Deborah Ortega CBPFF also forwarded this letter to Earl Peterson, Executive Director of the Civil Service Commission and to the entirety of his senior staff. As of today, C.B.P.F.F. has received responses from only Councilwoman-at-Large Robin Kniech, and the Mayors Chief of Staff, Stephanie Y. OMalley. CBPFF believes the lack of even a perfunctory response from the other parties is unacceptable.

After looking over the Denver Fire Department March 2012 entry level test results and reviewing the history of the Denver Fire Department it saddens me to observe that progress in ensuring that a diversified Fire Department to serve a diversified city is further behind than it was ten, actually twenty years ago. The Denver Fire Department has made little or no progress when it comes to the hiring and retention of minority firefighters. The hiring practices, training regimen and discipline procedures have resulted in a low number of African American and other minorities being hired and promoted. While you may not have been personally involved, the Denver Fire Department and the Denver Civil Service Commission have had a history of discrimination lawsuits that resulted in courtordered consent decrees. Whenever these consent decrees were in place, the Denver Fire Department experienced an increase in its diversity numbers, but when the consent decrees were lifted, the diversity levels on the Denver Fire Department unfortunately decreased. If the city does not act quickly, the Denver Fire Department, the City of Denver and the community will face a crisis that will have political and legal ramifications in the near future. Studies, litigation and court-ordered-oversight are a fiscally irresponsible way to apply funds paid by the public for fire safety and protection. Much has been made of relying solely on testing practices. From college entry to medical schools, from the military to fire departments, there is growing evidence that there is no validity in candidates who scored higher on a test making better recruits. Decades old practices must be updated to consider the composition of the citizens that firehouses serve as well as the skills that are needed to serve well. Creating assessments that are more closely tied to what jobs demand such as field tests could go a long way in ensuring greater equality of opportunity. Perhaps the perceived harm of changing practices is often greater than the actual harm and smaller than the benefits that that would occur by a change in practices. An organizations success and competitiveness depends upon its ability to embrace diversity and realize the benefits of a diverse work force. Diversity works because it fosters a culture better suited to gaining the community support and trust.

Keeping the Fire Burning for Justice

Colorado Black Professional Firefighters 3255 West Layton Avenue Englewood, CO. 80110

We of the Colorado Black Professional Firefighters entreat you to personally investigate this situation and provide your thoughts to us by April 27, 2012.

Colorado Black Professional Firefighters has sought to be proactive in terms of meeting with our Citys elected and appointed officials to no avail thus far. It is our opinion that as a result of past and present lack of progress on the issue of equitable hiring, we have seemingly gone backwards in terms of our diversity objectives. What makes this so frustrating is many acknowledge that there is a problem. However, no one seems to be able to remedy what has been an ongoing issue since the practice of 1 for 1 hiring which was forced upon the DFD by the courts years ago, expired. It is apparent that there are still looming obstacles before us. For the reasons stated, we are looking forward to collaborating with you and all others that recognizes the value of diversity and the inherent worth of all people regardless of their race, nationality, gender, or any other differences that may exist. We formally request your organizations assessment of this situation and eagerly anticipate a response or initiative stating that you are willing to collaborate with us. Please respond by July 9, 2012. Thank you in advance for any guidance you can offer us as we attempt to move forward and work for the betterment of all people.
Sincerely,

Anthony (Tony) Martin, President, Colorado Black Professional Firefighters

Keeping the Fire Burning for Justice