Case 3:13-cv-00161-TJC-MCR Document 9 Filed 03/13/13 Page 1 of 10 PageID 38

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JACKSONVILLE BRANCH

and

JACKSONVILLE BROTHERHOOD OF FIREFIGHTERS, A CHAPTER OF THE INTERNATIONAL ASSOCIATION OF AFRICAN-AMERICAN PROFESSIONAL FIREFIGHTERS,

CASE NO.: 3:13-cv-161-J-32MCR

on behalf of themselves and the class they represent,

Plaintiffs,

v.

CONSOLIDATED CITY OF JACKSONVILLE.

Defendant. ___________________________________________/

DEFENDANT CITY OF JACKSONVILLE’S ANSWER AND AFFIRMATIVE DEFENSES

Defendant City of Jacksonville (the “City”) hereby files its Answer and Affirmative

Defenses to the Complaint in this Action.

ANSWER

SUMMARY OF CLAIMS

1. The City admits that Plaintiffs, the National Association for the Advancement of

Colored People, Jacksonville Branch (the “NAACP”), and the Jacksonville Brotherhood of

Firefighters (the “JBOF”), have brought the instant action, making the allegations described in

Case 3:13-cv-00161-TJC-MCR Document 9 Filed 03/13/13 Page 2 of 10 PageID 39

paragraph 1 of the Complaint. The City denies the allegations and Plaintiffs’ standing to bring

this action.

JURISDICTION AND VENUE

2. Admits that, if Plaintiffs have standing, the Court has jurisdiction over this action;

denies entitlement to relief.

3.

Admits that, if Plaintiffs have standing, this Court is the proper venue; denies

entitlement to relief.

PARTIES

4. The City denies the third and fourth sentences of paragraph 4. The City is without

knowledge as to the remaining allegations, and therefore denies them.

5. The City denies the third sentence of paragraph 5. The City is without knowledge

as to the remaining allegations, and therefore denies them.

6. The City denies the allegations in paragraph 6.

7. The City admits the allegations in paragraph 7.

8. The City admits the allegations in paragraph 8.

9. The City admits the allegations in paragraph 9.

PROCEDURAL AND ADMINISTRATIVE REQUIREMENTS

10. The City is without knowledge as to the date on which JBOF filed its alleged

EEOC charge, and as to the dates and content of any alleged right-to-sue letter, and therefore

denies the overall allegation that Plaintiffs have satisfied all the procedural and administrative

requirements for proceeding under Title VII. Furthermore, assuming arguendo that the EEOC

issued the alleged right-to-sue letter, the City denies that the letter could satisfy the procedural

and administrative requirements of Title VII and 29 C.F.R. 1601.28. The City further denies any

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allegations inconsistent with the operative EEOC charges. BACKGROUND
11. The City admits that Coffey v. Braddy, 3:71-cv-44, was filed in 1971 and resulted in a consent decree that imposed race-based requirements on the hiring of entry-level firefighters, and that the pleadings therein speak for themselves. To the extent the allegations in paragraph 11 are inconsistent with such pleadings, the City denies those allegations. The City denies the remaining allegations, and further denies that such allegations are proper or relevant.
12. The City admits that, following the alleged noose incidents, Mayor Peyton asked the Jacksonville Human Rights Commission (the “JHRC”) to investigate some aspects of the JFRD. The City further admits that on August 8, 2006, following its investigation, the JHRC issued a report, and that the report speaks for itself. The City denies any allegations inconsistent with the report and further denies the remaining allegations and any inferences as to the authoritative weight or accuracy of JHRC’s report.
13. The City admits that the dockets of Coffey v. Braddy, Case Nos. 3:71-cv-44 and 3:09-mc-22, speak for themselves. The City denies the remaining allegations and any allegations inconsistent with the dockets of the cited cases.
14. The City admits that the mediation efforts continue, that on April 23, 2012, the United States Department of Justice (the “DOJ”) filed a lawsuit against the City, and that such pleading and other pleadings referenced speak for themselves. The City denies any allegations inconsistent with such pleadings and denies the remaining allegations in paragraph 14.
15. The City admits that Plaintiffs have filed the action described in paragraph 15, but denies they are entitled to relief.
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CLASS DEFINITION 16. The City admits that Plaintiffs are attempting to bring a class action, as described in paragraph 16, but denies they are entitled to relief.
STATEMENT OF THE CLAIM Allegations as to Recruitment and Hiring 17. Denies. 18. Admits. 19. Denies. 20. The City admits that the JHRC issued a report in August 2006, and that the report speaks for itself. The City denies any allegations in paragraph 20 inconsistent with the report and further denies the remaining allegations in paragraph 20 and any inferences as to their authoritative weight or accuracy. 21. The City admits that it established the JFRD Cadet Program, and that the program was in place for a number of years, until it ended. The City denies the remaining allegations in paragraph 21. 22. The City admits the existence of a high school program designed to raise an interest in firefighting as a career, subject to statutory limitations. The City denies the remaining allegations and any inferences inconsistent with applicable laws. 23. The City admits that applicants for the position of firefighter must undergo a driver’s license check, a criminal background check, a criminal background check, and an oral interview. The remaining allegations are denied. 24. Denies. 25. Denies.
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26. The City is without knowledge as to the calculations and analysis performed by Plaintiffs, and therefore denies the allegations.
27. Denies. Allegations as to Assignments
28. Denies. 29. Denies. 30. The City admits that the JHRC issued a report in August 2006, and that the report speaks for itself. The City denies any allegations inconsistent with the report, and further denies the remaining allegations and any inferences as to their authoritative weight or accuracy. 31. Denies.
Allegations as to Hostile Work Environment 32. Denies. 33. Denies. 34. The City admits that on February 17, 2006, two black firefighters reported finding nooses inside their lockers, and that the JHRC conducted an investigation and issued a report that speaks for itself. The City denies any allegations inconsistent with that report, and further denies the remaining allegations and any inferences as to their authoritative weight or accuracy. 35. Denies. 36. Denies.
CLASS ACTION ALLEGATIONS 37. The City admits that Plaintiffs are attempting to bring a class action, but denies that the definition offered in paragraph 37 is proper or that they have met the requirements for a class or class action.
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38. Without knowledge, and therefore denies. 39. Without knowledge, and therefore denies. 40. Without knowledge, and therefore denies. 41. Without knowledge, and therefore denies. 42. Without knowledge, and therefore denies. 43. Without knowledge, and therefore denies. 44. Denies.
CLAIM FOR RELIEF (Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.) 45. The City incorporates, by reference, its answers to all preceding paragraphs, as if fully set forth herein. 46. The City admits that Plaintiffs are attempting to bring this particular claim on their own behalf and on behalf of the Class. The City denies that this claim is properly brought on behalf of either Plaintiffs or the Class as stated in the Complaint. 47. Denies. 48. Denies. 49. Denies. 50. Denies.
PRAYER FOR RELIEF Admits that Plaintiff is seeking the relief stated. Denies that Plaintiff is entitled to such relief.
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CITY’S AFFIRMATIVE DEFENSES First Affirmative Defense
Plaintiffs failed, in whole or in part, to state a claim upon which relief can be granted. Second Affirmative Defense
Plaintiffs’ claims are barred in whole or in part by the applicable limitation periods. Third Affirmative Defense
The City’s actions and requirements are job-related and consistent with business necessity.
Fourth Affirmative Defense The comparison groups used by Plaintiffs are invalid, irrelevant, unlawful, or yield unreliable results for purposes of establishing liability thereunder.
Fifth Affirmative Defense The calculations and analyses performed by Plaintiffs are invalid, irrelevant, unlawful, or yield unreliable results for purposes of establishing liability thereunder.
Sixth Affirmative Defense Statutory requirements alter the City’s actions and affect the numbers relevant to a determination of liability.
Seventh Affirmative Defense At all relevant times, the City acted in good faith, without discriminatory intent.
Eighth Affirmative Defense Factors beyond the City’s control have led to fluctuations in the number of JFRD’s African American uniformed employees.
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Case 3:13-cv-00161-TJC-MCR Document 9 Filed 03/13/13 Page 8 of 10 PageID 45
Ninth Affirmative Defense The City has no control over employees’ experiences outside the workplace or outside the location and duration of any work-related activity.
Tenth Affirmative Defense There are no alternative policies and practices that would equally serve the City’s legitimate purposes with less discriminatory impact.
Eleventh Affirmative Defense Plaintiffs have failed to meet the procedural prerequisites and conditions precedent to bring this action. In addition, it appears that Plaintiffs’ EEOC charges were not investigated by the EEOC prior to the issuance of any determinations alleged in the Complaint.
Twelfth Affirmative Defense Plaintiffs are not entitled to to any relief for, and their claims are barred by, any alleged acts or omissions which exceed the scope of the charges filed with EEOC.
Thirteenth Affirmative Defense Plaintiffs are not entitled to any relief under Title VII of the Civil Rights Act of 1964, as amended, for any alleged conduct occurring more than 300 days before the filing of the charge(s) of discrimination.
Fourteenth Affirmative Defense Even if Plaintiffs have established a prima facie case of discrimination (and the City expressly denies such is the case), the City can articulate legitimate non-discriminatory reasons for its actions.
Fifteenth Affirmative Defense Even if Plaintiffs could prove a violation under 42 U.S.C. ' 2000e (and the City expressly
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Case 3:13-cv-00161-TJC-MCR Document 9 Filed 03/13/13 Page 9 of 10 PageID 46
denies such is the case), the City would have taken the same actions and made the same
decisions in the absence of the alleged impermissible motivating factor(s).
Sixteenth Affirmative Defense
Any damages are limited by the terms of Title VII of the Civil Rights Act and the
sovereign immunity limits of Chapter 768, Florida Statutes.
Seventeenth Affirmative Defense
Plaintiffs have failed to exhaust their administrative remedies.
Eighteenth Affirmative Defense
Plaintiffs have failed to mitigate their damages with reasonable diligence.
Respectfully submitted,
OFFICE OF GENERAL COUNSEL
/s/ Cindy A. Laquidara CINDY A. LAQUIDARA GENERAL COUNSEL Florida Bar No.: 0394246 CAROL MIRANDO ASSISTANT GENERAL COUNSEL Florida Bar No.: 069019 ADINA TEODORESCU ASSISTANT GENERAL COUNSEL Florida Bar No.: 784761 117 West Duval Street, Suite 480 Jacksonville, Florida 32202 Telephone: (904) 630-1700 Facsimile: (904) 630-1316 CindyL@coj.net CMirando@coj.net Teodores@coj.net Attorneys for Defendant, City of Jacksonville
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Case 3:13-cv-00161-TJC-MCR Document 9 Filed 03/13/13 Page 10 of 10 PageID 47 CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on March 13, 2013, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to the following: Jane L. Dolkart, Esquire, jdolkart@lawyerscommittee.org, Lawyers' Committee for Civil Rights Under Law, and Kirsten L. Doolittle, Esquire, kd@kdlawoffice.com, Law Office of Kirsten Doolittle, PA. I further certify that I mailed the foregoing document and the notice of electronic filing by mail to the following non- CM/ECF participants: Ray McClain, Esquire, Lawyers' Committee for Civil Rights Under Law, Suite 400, 1401 New York Ave NW, Washington, DC 20005.
/s/ Cindy A. Laquidara CINDY A. LAQUIDARA Attorney for Defendant
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 Case 3:13-cv-00161-TJC-MCR Document 1 Filed 02/14/13 Page 1 of 19 PageID 1

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PPllaaiinnttiiffs the Nmatiionnall Associatliionll forr the Advancementt of Colored PPeople, Jacksonnvillee Brancchh ("''NAACPP") and thee JJacksonnvillee Brotherhoodd of fF-irefiighters., a Chapter of the IIntecrmnationnal Association of African-Ammerrican Professionall Fire Fightters ("'·JBOF"")., indiividuaally and onn beehalf of alll olthers simiilarly siituated, allege, uponn personnall knowledge as to themselves annd upon infornmllation and bceliecfas t\o0 otherr matterrs,. as follows:
SSUUMMMMARY OF THilEE CLAIMS I1.. This actionn is brrought onn beehaallffofrtthe above-named plaintiffs and a<l class of aspiiring. present. anndd formerr Black fiirrefighterrs (hereinafter ""PPlai ntiiffs"") forr violations ofTTitlle VII of the Civiil Rightls Aectt of 1996644..42 U.Ss.Cc. § 2000e etl seq.. (-"-Titllle VV II"). As setl foorrthh more fully below. the parties allege thatt Defenndant. the Consolidated Ciity of JJacksonvillle

Case 3:13-cv-00161-TJC-MCR Document 1 Filed 02/14/13 Page 2 of 19 PageID 2
("Jacksonville"), through its Fire and Rescue Department ("JFRD"), has used and continues to use recruitment, hiring, assignment, and transfer policies and practices that have a disparate impact on Black candidates and Black firefighters, that are not job-related or consistent with business necessity, and that do not otherwise meet the requirements of Title VII. The parties further allege that Defendant Jacksonville has permitted the creation of a racially hostile work environment in violation of Title VII.
JURISDICTION AND VENUE 2. This Court has jurisdiction under 28 U.S.C. § 1331 anndd§§ 1343(a)(4) as this claim arose under the Constitution, laws or treaties oftthe United States, and undeerr§§ 706 of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5, et seq. 3. The employment actions alleged to be unlawful in this complaint were all committed within the jurisdiction of the United States District Court for the Middle District of Florida.
PARTIES 4. Plaintiff NAACP is an organization representing the interests of minority groups in Jacksonville, Florida. The mission of the NAACP is to eliminate racial prejUudice and to end racial discrimination through the democratic process. The NAACP's members include aspiring Black firefighters who have either been denied employment or dissuaded from applying as a result of the Jacksonville Fire and Rescue Department's ("JFRD") discriminatory hiring process. Its members also include present and former firefighters who are or were subjected to discriminatory assignment and transfer policies and who are or were subject to a racially hostile environment by JFRD. On July 30, 2008, the NAACP filed a charge of discrimination on its own behalf, on behalf of its individual members, and on behalf of a class of aspiring, actual, and
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Case 3:13-cv-00161-TJC-MCR Document 1 Filed 02/14/13 Page 3 of 19 PageID 3
former Black firefighters who have been, and continue to be harmed by JFRD's discriminatory practices.
5. Plaintiff JBOF is an organization representing the interests of minority firefighters and aspiring minority firefighters in Jacksonville. The objectives of the Brotherhood include encouraging Blacks to consider a career in firefighting, ensuring a fair and equitable working environment for Black firefighters, and advancing Blacks to the upper ranks of the JFRD. Because of the race discrimination in the JFRD's recruitment and hiring process, the Brotherhood's membership and membership dues have been suppressed. On July 30, 2008, the JBOF filed a charge of discrimination on its own behalf, on behalf of its individual members, and on behalf of a class of aspiring, actual, and former Black firefighters who have been, and continue to be harmed by JFRD's discriminatory practices.
6. Defendant Jacksonville is a municipal government and political subdivision created pursuant to the laws of the State of Florida and is located in this judicial district.
7. Defendant Jacksonville is a person within the meaning of 42 U.S.C. § 2000e(a) and an employer within the meaning of 42 U.S.C. § 2000e(b).
8. Defendant Jacksonville maintains a fire department, Jacksonville Fire and Rescue Department (C""JJFFRRDD").
9. JFRD employs more than 1,200 uniformed firefighters in all ranks. PROCEDURAL AND ADMINISTRATIVE REQUIREMENTS
10. Plaintiffs have satisfied the procedural and administrative requirements for proceeding under Title VII. On July 30, 2008, Plaintiffs NAACP and JBOF filed timely written Charges of Discrimination with the U.S. Equal Employment Opportunity Commission ("EEOC"). Each Charge of Discrimination explicitly placed Defendant on notice of class-wide
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allegations of discrimination on account of race resulting from Defendant's recruitment,t hiring and promotion processes, and assignment and transfer policies,t which "have a disparate impact upon African-Americans." Each Charge of Discrimination also alleged the creation of a hostile work environment for Black firefighters. On August 3, 2012,t the DOJ issued a right to sue letter to the NAACP. Plaintiff NAACP negotiated a tolling of the 90-day deadline with Defendant Jacksonville, which agreement was signed on October 24, 220012, and gave Plaintiff until January 15, 2013 to bring a claim pursuant to the right to sue letter. An addendum to the agreement extended the tolling deadline to February 15,,22013. Plaintiff JBOF received a right to sue letter from the EEOC on December 3, 220012, and the 90 day deadline for filing ends on March 1,,2013. Plaintiffs commenced this action on February 14,,22013.
BACKGROUND
11. In 1971, the JFRD became subject to a consent decree pursuant to a class action filed in the Unites States District Court for the Middle District of Florida, Jacksonville Division, Coffey v. Braddy, Case No. 3:71-cv-00044. This action, filed by private individuals against the JFRD, focused on discrimination in hiring of entry-level firefighters. In 1984, the Court amended the consent decree to require I::1 hiring until the percentage of Black firefighters equaled the percentage of Blacks in the local population. In 1992, the City unilaterally ceased 1: I hiring; at the time, Black firefighters comprised 27% of the force.·1 In 2008,t when the Plaintiffs' EEOC Charges of Discrimination were filed, the percentage of Black firefighters had dropped to 20% of the force, and many of those firefighters were close to retirement. While the percentage of Black firefighters may have risen since 2008, on information and belief, 38 Black firefighters will be
The City ofJacksonville never moved to be relieved of its obligations under the amended consent decree.
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retiring at the end of2013. The percentage of Black firefighters remains well below the percentage of Blacks in the local population, which is 30.7%..22
12. On February 17,,2006, two African-American firefighters employed by the JFRD opened their lockers to find nooses hanging inside.3 This act of severe racial intimidation precipitated an investigation by the Jacksonville Human Rights Commission into the broad discriminatory practices and racially hostile work environment at the JFRD. In August 2006, the Commission issued a report finding a widespread pattern and practice of discrimination against African-Americans in the JFRDD..44
13. On July 30, 2008, after two years without meaningful corrective action by the JFRD, the NAACP and JBOF filed charges with the EEOC, alleging discrimination in hiring, promotion, and tenns and conditions of work by the JFRD. On June 5, 2009, the EEOC issued a Letter of Detennination finding that the JFRD engaged in the alleged discrimination and ordered the charge to the conciliation stage. On July 3, 2009, attorneys in the Coffoy v. Braddy, Case No. 3:71-cv-00044, filed an emergency motion against the City of Jacksonville asking the Court to stay all hiring and promotion procedures within the JFRD. (Doc. Noo..6) The Court denied the motion, but ordered the parties to enter into mediation before Senior United States District Judge Harvey E. Schlesinger. (Doc. No. 88) The NAACP, JBOF, and the EEOC agreed to stay the

2

u.s. U.S. Census Bureau, State & County Quick Facts, Revised, Januarl)y' 10,2013.

3

In Valnlce v. Southern Bell Tel. && Tel. Co., 983 F.2d 1573, 1583 (1li1tth Cir. 1993), the Eleventh

Circuit established the particularly severe discrimination and traumatic historl)y' underlying the use of

nooses, stating "[t]he noose in this context is a symbol not just of racial discrimination or of disapproval,

but of terror. Those of us for whom a particular symbol is just that-a symbol-may have difficulty

appreciating the verl)y' real, verl)y' significant fear that such symbols inspire in those to whom they are

targeted. No less than the swastika or the Klansman's hood, the noose is intended to arouse fear." 983

F.2d at 1583.

4

Jacksonville Human Rights Commission, Report to the Mayor on the Jacksonville Fire and

Rescue Department, City of Jacksonville, August 8, 2006 ("HRC Report").

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EEOC conciliation process in order to participate in the mediation. The Department of Justice, Civil Rights Division ("DOJ") also participated in the mediation sessions, during which proposals were discussed to resolve Plaintiffs' claims that JFRD engaged in discriminatory practices in connection with its hiring, transfer, assignment and promotion processes, and that JFRD subjected Plaintiffs' members to a hostile work environment.
14. The mediation efforts continued for more than three years and the claims of discrimination have not been resolved. On Apriill223, 2012, as a result of the failure to reach agreement on the promotion claims, the DOJ filed suit against the City of Jacksonville, alleging a pattern or practice of race discrimination in promotions in violation of Title VII. United States of America v. Consolidated City ofJacksonville, et. a/l. 3: 12-cv-451. On August 16,2012, the NAACP and the JBOF timely filed a motion to intervene in that action, so that they could pursue their claim that the JFRD has engaged in discriminatory promotions practices. (Doc. 28) That motion, which was unopposed by DOJ and the City of Jacksonville, has been fully briefed and remains pending before the Court.
15. Plaintiffs file the present action, alleging that JFRD's hiring, assignment, and transfer practices and procedures have a disparate impact on Black candidates, are not job-related or consistent with business necessity for the positions in question, and fail to otherwise meet the requirements of Title VII. Plaintiffs further allege a racially discriminatory hostile work environment.
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CLASS DEFINITION 16. Plaintiffs bring this case as a class action under Federal Rules of Civil Procedure 23 (a)(2) and (b)(2), on behalf of the following class:
All Black candidates or aspiring Black candidates for employment who were denied employment or dissuaded from applying by JFRD's discriminatory hiring process and all present or past Black firefighters who have been subject to a hostile work environment, and/or discriminatory assignment and transfer policies, from July 30, 2006 to the present, two years prior to the sworn filing of the EEOC complaint.
STATEMENT OF THE CLAIM Recruitment and Hiring
17. Defendant Jacksonville, through the JFRD, has maintained and continues to maintain a hiring process that results in a disparate and adverse impact on Black applicants and potential applicants. The hiring process is not capable of separation.
18. Defendant Jacksonville, through the JFRD, requires applicants to take and pass a First Responder course, a "minimum standards" course, and an Emergency Medical Technician (EMT) course prior to being eligible to apply for a firefighter position at JFRD.
19. Requiring candidates to obtain certifications prior to hire is a significant barrier to minority employment and has a disparate impact on Black applicants and potential applicants. The Florida State College at Jacksonville ("FSCJ")s5, the only location where the courses are offered, is geographically removed from the historically Black communities of Jacksonville. In order to even apply for a position as a firefighter, an individual must invest up to seven months and $2,900 on the required courses. Moreover, the structure of the required coursework is such

s

Untiill22009, FSCJ was known as the Florida Community College at Jacksonville ("FCCJ").

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that potential applicants are not eligible for federal student loans.6 These requirements disproportionately screen out minority candidates because 31.11% of Blacks in Jacksonville live below the poverty line, compared to 18.3% of the general population of Jacksonville.7 Further Black applicants are unwilling to expend the high costs for these courses only to apply for a job they believe they have little chance of obtaining.
20. In its August 2006 report, the Jacksonville Human Rights Commission disclosed that during the two years preceding the report, Black males comprised 13% of the students in the FCC}J Fire and Rescue Certification Program8, compared to 211% in the male workforce for Duval County. In those same two years, the proportion of Black participants in the FCCJ Fire and Rescue Program was one-third less than the proportion employed by the JFRD. If this trend continues, the proportion of minority firefighters will decrease in the future.
21. Following the filing of Plaintiffs' EEOC charges and for several years thereafter, Defendant Jacksonville established a fire cadet program to train persons interested in firefighting careers. Those accepted into the program were paid a reduced firefighter salary and paid for their own coursework to obtain the certification required for hire. If they successfully completed the program and certification they were hired as firefighters. This program included a significant percentage of minority cadets. In 2010, in spite of the imminent loss through retirement of many Black firefighters, Defendant cancelled the cadet program for budgetary reasons and has not reinstituted the program.

6

The current 450-hour program would need to be expanded to 600 hours in order for students to be

eligible for low-interest federal student loan programs. HRC Report at 24.

7

U.S. Census Bureau, 2011 American Community Survey.

8

Now known as the Fire Fighter Workforce Certificate in the Florida Coast Career Tech, a division

of Florida State College at Jacksonville (FSCJ).

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22. Instead, Defendant established a magnet high school with a program specifically designed to train prospective firefighters. The instructors in the program, however, are not properly certified to teach the courses required prior to applying for a position with JFRD. Therefore, graduates of the high school must still attend the FSCJ Fire and Rescue Certification Program.
23. Defendant Jacksonville, through the JFRD, requires qualified candidates to pass a battery of tests and screenings, including a driver's license screening, a polygraph test, a criminal background check, and an oral interview, some or all of which tests and screenings have a disparate impact on Blacks and are not job related or justified by business necessity.
24. Defendant Jacksonville, through the JFRD, grants the Fire Chief and his staff unlimited discretion in the selection of qualified candidates.
25. Granting the Fire Chief and his staff unlimited discretion in the selection of qualified candidates is a significant barrier to minority employment. Unlimited discretion and subjective decision-making by primarily White officers allows bias to creep into the selection process. Additionally, anecdotal evidence suggests that family and friends of mostly White incumbent and retired firefighters, especially those with ties to the Jacksonville Association of Fire Fighters, Local 122 ("the Union"), are given favorable consideration in the selection process.
26. A summary of hiring data provided by the JFRD in 2007 shows that from July 2000 to July 2006, the JFRD hired 435 Caucasian applicants compared to only 64 Black applicants. During that six year period, only 15% of JFRD hires were Black. When these numbers are broken down by hiring class, the disparity is even more apparent: on April 24, 2006, only two members of a new class of 25 firefighters were Black; on May 2, 2005, only one
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member of a new class of23 firefighters was Black; and on August 23, 2004, no members of a new class of20 firefighters were Black (or any other minority).
27. The discriminatory hiring practices of Defendant Jacksonville, through the JFRD, have caused a significant decrease in the number of Black firefighters serving the City. On information and belief, only 20% of firefighters are Black, and given that a large number of Black firefighters hired under the consent decree are approaching retirement, the situation will become significantly worse in the next several years.
Assignments 28. Defendant Jacksonville, through the JFRD, has maintained and continues to maintain a practice and policy of assignments that results in a disparate and adverse impact on Black firefighters. 29. Defendant Jacksonville, through the JFRD, disproportionately assigns Black firefighters to less desirable positions. In general, the Fire Operations/Suppression Division is perceived to be a more desirable assignment than either the Rescue & Communications Division or the Fire Prevention Division. As of March 31, 2006, Blacks represented 72% (17 out of24) of Fire Prevention officers, 211% (44 out of 207) of Rescue & Communications officers, and only 18% (158 out of 869) of Fire Operations/Suppression. These percentages have remained fairly constant up to the present. 30. According to the HRC Report, Rescue & Communications Units make up to 400 runs per month, and the frequency of runs makes this division less desirable for some. In addition, "an assignment to Fire Prevention is not considered a positive career move." HRC Report at 18.
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31. Exacerbating the disparity in assignments is the fact that the Fire Operations/Suppression Unit does not advertise openings in its Unit.
Hostile Work Environment 32. Defendant Jacksonville, through the JFRD, tolerates a workplace environment suffused with racial harassment and hostility sufficiently severe and pervasive to create a racially hostile work environment in violation of Title VII. 33. Black firefighters experience numerous and ongoing acts of racial hostility and discrimination, including the placement of nooses in their lockers, the use of racial epithets in the workplace, and anonymous threats of physical violence. 34. On February 17,,2006, two Black firefighters opened their lockers to find nooses hanging inside. This incident precipitated an investigation of the JFRD by the Jacksonville Human Rights Commission and resulted in the HRC Report. The Report found that "[t]here is a perception among focus group participants that the environment is returning to the past levels of isolation, segregation and exclusion, which raises concerns of threats, fear and potential violence... African Americans still report feeling isolated in the workplace and then threatened when going on emergency calls because of racially-biased comments like "'I don't want that "N" in my house." HRC Report at 19. 35. Due to the hostile work environment condoned by Defendant Jacksonville, through the JFRD, many Black firefighters fear for their physical safety while in the station houses, in dangerous emergency situations, and off duty with their families. 36. This fear, moreover, has caused and continues to cause some Black firefighters to request transfers to predominantly Black station houses, thus causing the de facto segregation of many station houses.
I11I

Case 3:13-cv-00161-TJC-MCR Document 1 Filed 02/14/13 Page 12 of 19 PageID 12
CLASS ACTION ALLEGATIONS 37. The Class includes all Black candidates or aspiring Black candidates for employment who were denied employment or dissuaded from applying by JFRD's discriminatory hiring process and all present or past Black firefighters who have been subject to a hostile work environment, anedl/lor discriminatory assignment and transfer policies, from July 30, 2006 to the present. 38. The members of the class are so numerous that joinder of all of them is impracticable. 39. There are questions of law and fact in common to each class that predominate over any questions affecting only individual members. Common questions include but are not limited to whether:
(1) Defendant's hiring and recruitment policies or practices had and continue to have a discriminatory disparate impact on Black applicants;
(2) Defendant's hiring and recruitment policies or practice are job-related and consistent with business necessity;
(3) less discriminatory hiring and recruitment policies and practices exist that would meet Defendant's legitimate business needs;
(4) Defendant's assignment and transfer policies or practices had and continue to have a discriminatory disparate impact on Black employees;
(5) Defendant's assignment and transfer policies or practices are job-related and consistent with business necessity;
(6) less discriminatory assignment and transfer policies and practices exist that would meet Defendant's legitimate business needs;
(7) Defendant has allowed to be created workplace conditions sufficiently severe and pervasive so as to constitute a racially hostile work environment in violation of Title VII;
12

Case 3:13-cv-00161-TJC-MCR Document 1 Filed 02/14/13 Page 13 of 19 PageID 13
(8) the workplace conditions of the JFRD, including the placement of nooses in Black firefighters' lockers, the use of racial epithets, and anonymous threats of physical violence targeted at Black firefighters, created and continue to constitute a work environment that would be intimidating, hostile, or offensive to Black firefighters and to reasonable people;
(9) Defendant failed to take prompt and appropriate corrective action; and (1I 0) what equitable and injunctive relief for the Class is warranted. 40. Plaintiffs' claims are typical of the Class. The JBOF and NAACP include within their membership aspiring Black firefighters who have applied for and been denied employment or been dissuaded from applying for firefighting positions with the JFRD by Defendant's discriminatory practices. 41. The JBOF and NAACP also include within their membership Black firefighters who have been employed by the JFRD at some point since July 30, 2006, and while employed by the JFRD have been assigned to a less desirable division, have been harassed by racially hostile work conditions, or have been disciplined or involuntarily transferred. 42. Plaintiffs will fairly and adequately represent and protect the interests of the members of the Class. Plaintiffs have no conflict with one another or any class member. Plaintiffs are committed to the goal of having the JFRD revise its hiring, transfer, and assignment policies and practices to eliminate the discriminatory impact these policies and practices have on aspiring and current Black firefighters. Plaintiffs are further committed to the goal of having the JFRD correct and prevent the unlawful racial harassment pervading its organization and implement effective grievance processes and diversity training. 43. Plaintiffs have retained counsel competent and experienced in complex class actions, employment discrimination litigation, and the intersection thereof.
13

Case 3:13-cv-00161-TJC-MCR Document 1 Filed 02/14/13 Page 14 of 19 PageID 14
44. Class certification is appropriate pursuant to Fed. R. Civ. P. 23(b)(2) because Defendant has acted and/lor refused to act on grounds generally applicable to the Class, making appropriate declaratory and injunctive relief with respect to Plaintiffs and the Class as a whole. The Class members are entitled to injunctive relief to end Defendant's common, uniform, unfair, and discriminatory policies and/lor practices.
CLAIM FOR RELIEF (Title VII of the Civil Rights Act of 1964,42 U.S.C. §§ 2000ce et seq.) 45. Plaintiffs incorporate by reference the allegations in all preceding paragraphs. 46. Plaintiffs bring this claim on their own behalf and on behalf of the Class. 47. Defendant Jacksonville's employment policies and practices have harmed and continue to harm Plaintiffs and the Class, and constitute unlawful discrimination on the basis of race, ethnicity, and/lor color in violation of 42 U.S.C. §§ 2000e etl seq. 48. Defendant Jacksonville has pursued employment practices that have resulted in a disparate impact on Black candidates and Black firefighters, are not job-related for the positions in question and are not consistent with business necessity, and otherwise do not meet the requirements of 42 U.S.C. §§ 2000e etl seq. Defendant Jacksonville's discriminatory practices include but are not limited to: a. requiring applicants to take and pass a First Responder course, a "minimum
standards" course, and an Emergency Medical Technician (EMT) course, where such time- and cost-intensive certification requirements result in a disparate impact on Black candidates, and are not job-related or consistent with business necessity. Even if Defendant's policy and practice of requiring extensive certification to apply for firefighting positions with the JFRD is job-related or
14

Case 3:13-cv-00161-TJC-MCR Document 1 Filed 02/14/13 Page 15 of 19 PageID 15
could be justified by business necessity, a less discriminatory alternative exists that would equally serve any legitimate purpose; b. requiring applicants to pass a battery of tests and screenings, including a driver's license screening, a polygraph test, a criminal background check, and an oral interview, where such tests result in a disparate impact on Black candidates, and are not job-related or consistent with business necessity. Even if Defendant's policy and practice of requiring extensive tests and checks in applying for firefighting positions with the JFRD is job-related or could be justified by business necessity, a less discriminatory alternative exists that would equally serve any legitimate purpose; c. granting the Fire Chief and his staff unlimited discretion in the selection of qualified candidates, where such discretion results in a disparate impact on Black candidates and is not job-related or consistent with business necessity. Even if Defendant's policy and practice of vesting unlimited hiring discretion in the Fire Chief and his staff could be justified by business necessity, a less discriminatory alternative exists that would equally serve any legitimate purpose; and d. assigning Black firefighters to the less favored Fire Prevention and Rescue & Communications Divisions of the JFRD, where such assignments result in a disparate impact on Black candidates, are not job-related or consistent with business necessity. Even if Defendant's practice of disproportionately assigning Black firefighters to less favored divisions and station houses could be justified by business necessity, a less discriminatory alternative exists that would equally serve any legitimate purpose.
15

Case 3:13-cv-00161-TJC-MCR Document 1 Filed 02/14/13 Page 16 of 19 PageID 16
49. Defendant Jacksonville has permitted the creation of a racially hostile work environment in violation of Title VII, 42 U.S.C. § 2000e-2(a), through discriminatory intimidation, ridicule, and insult sufficiently severe and pervasive to alter the conditions of employment and create an abusive working environment for Black firefighters. See Harris v. Forklift Sys., Inc., 510 U.S. 17,,21, 114 S. Ct. 367, 126 L.Ed.2d 295 (1993). Defendant Jacksonville's racial harassment and discriminatory environment includes but is not limited to:
a. numerous and ongoing acts of racial hostility and discrimination including the placement of nooses in the lockers of Black firefighters, the use of racial epithets, and anonymous threats of physical violence, where Defendant knew or should have known about the harassment and failed to take prompt and appropriate corrective action; and
b. more severe discipline of Black firefighters than White firefighters, where Black firefighters are disciplined at more than triple the rate of White firefighters, and where Defendant knew or should have known about these altered conditions of employment and failed to take prompt and appropriate corrective action.
50. The practices of Defendant Jacksonville described in paragraphs 1I through 44, supra, constitute employment practices that discriminate against Blacks with respect to recruitment, hiring, compensation, terms, conditions, or privileges of employment, because of their race; and deprive or tend to deprive Blacks of employment opportunities because of their race, in violation of Section 703 of Title VII, 42 U.S.C. § 2000e. These practices are of such a nature as to deny the full exercise of the rights secured by Title VII. Unless restrained by order of this Court, Defendant Jacksonville will continue to pursue practices that are the same or similar to those alleged in this Complaint.
16

Case 3:13-cv-00161-TJC-MCR Document 1 Filed 02/14/13 Page 17 of 19 PageID 17
PRAYER FOR RELIEF WHEREFORE, Plaintiffs and the Class pray for relief as follows: 51. Certification of the case as a class action on behalf of the proposed Class; 52. Designation of Representative Plaintiffs the National Association for the Advancement of Colored People (NAACP), Jacksonville Branch, and the Jacksonville Brotherhood of Firefighters (JBOF) as representatives of themselves and on behalf of the Class; 53. Designation of Representative Plaintiffs' counsel of record as Class counsel; 54. A declaratory judgment that the practices complained of herein are unlawful and violate Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.; 55. A preliminary and permanent injunction against Defendant and all officers, agents, successors, employees, representatives, and any and all persons acting in concert with them, from engaging in each of the unlawful policies, practices, customs and usages set forth herein, consistent with the less discriminatory alternative described above, and specifically from:
a. failing or refusing to hire Black candidates on the same basis as white candidates;
b. requiring applicants to obtain certification and pass a battery of tests and screenings, where such certification and tests result in a disparate impact on Black candidates, are not job-related or consistent with business necessity and do not otherwise meet the requirements of Section 703(k) of Title VII, 42 U.S.C. § 2000e-2(k);
c. granting the Fire Chief and his staff unlimited discretion in the selection of qualified candidates, where such discretion results in a disparate impact on Black candidates, is not job-related or consistent with business necessity
17

Case 3:13-cv-00161-TJC-MCR Document 1 Filed 02/14/13 Page 18 of 19 PageID 18
and does not otherwise meet the requirements of Section 703(k) of Title VII, 42 U.S.C. § 2000e-2(k); d. assigning Black firefighters to the less favored Fire Prevention and Rescue & Communications Divisions of the JFRD, where such assignments result in a disparate impact on Black candidates, are not job-related or consistent with business necessity and does not otherwise meet the requirements of Section 703(k) offTTiittIle VII, 42 U.S.C. § 2000e-2(k); e. permitting a racially hostile work environment through discriminatory intimidation, ridicule, and insult sufficiently severe and pervasive to alter the conditions of employment and create an abusive working environment for Black firefighters in violation offTTiittIle VII, 42 U.S.C. § 2000e-2(a); g. refusing to take appropriate action to correct the present effects of its discriminatory practices; and h. failing or refusing to take other non-discriminatory measures to overcome the effects of its discriminatory practices; 56. An order that Defendant institute and carry out policies, practices, and programs that provide equal employment opportunities for all eligible Class members, and that Defendant eradicate the effects of past and present unlawful employment practices; 57. Back pay to those class members who should have been but were not hired. 58. Costs incurred herein, including reasonable attorneys' fees to the extent allowable by law, including but not limited to 42 U.S.C. § 2000e-2(k); 59. Pre-judgment and post-judgment interest, as provided by law; and
18

Case 3:13-cv-00161-TJC-MCR Document 1 Filed 02/14/13 Page 19 of 19 PageID 19

60. proper.

Such other and further equitable relieeffas this Court deems necessaryy,,just and

Date: February 14, 2013

Respectfully submitted,
The Law Office of Kirsten Doolittle, P.A.
s/Kirsten Doolittle KIRSTEN DOOLITTLE The Elks Building 207 North Laura Street, Suite 240 Jacksonville, FL 32202 Telephone: (904) 551-7775 Facsimile: (813) 274-6200 Email: kd@kdlawoffice.com
Lawyers' Committee for Civil Rights Under Law
s/lJane Dolkart JANE DOLKART 1401I New York Avenue, NW Suite 400 Washington, D.C. 20005 Telephone: (202) 662-8391 Facsimile: (202) 783-0857 Email: jdolkart@lawyerscommittee.org "...'PPeending admission by the Court
RAY MCCLAIN 1401 New York Avenue, NW Suite 400 Washington, D.C. 20005 Telephone: (202) 662-8342 Facsimile: (202) 783-0857 Email: rmcclain@lawyerscommittee.org .*..Pending admission by the Court
Counsel for Plaintiffs

19

 
 Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 1 of 37 PageID 895

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JACKSONVILLE BRANCH,

Case No.: 3:13-cv-161-J-32MCR

and

JACKSONVILLE BROTHERHOOD OF FIREFIGHTERS, A CHAPTER OF THE INTERNATIONAL ASSOCIATION OF AFRICAN AMERICAN PROFESSIONAL FIREFIGHTERS,
on behalf of themselves and the class they represent,

Plaintiffs,
v.

CONSOLIDATED CITY OF JACKSONVILLE, Defendant.
_________________________________!

SETTLEMENT AND MUTUAL RELEASE AGREEMENT This Settlement and Release Agreement (the "Agreement") is entered into by Plaintiffs, The National Association for the Advancement of Colored People, Jacksonville Branch ("NAACP"), and the Jacksonville Brotherhood of Firefighters, a Chapter of the International Association of African American Professional Firefighters ("JBOF"), on behalf of themselves and as to any and all claims that the ~AACP and JBOF have standing to assert on behalf of their members, and Defendant, the City of Jacksonville (""the City"), (collectively referred to hereinafter as "the Parties"), as of the last date signed below, pursuant to the following terms and conditions:

Exhibit 1

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 2 of 37 PageID 896
RECITALS WHEREAS, in 2013, Plaintiffs filed the above-styled lawsuit against the City under Title VII of the Civil Rights Act of 1964, alleging that the Jacksonville Fire and Rescue Department ("JFRD") discriminated against African Americans in its hiring and transfer practices, and created a hostile work environment for African Americans ("the Litigation"); WHEREAS, the City has vigorously defended itself in the Litigation and strongly denies Plaintiffs' allegations; WHEREAS, through Court-ordered mediation and negotiations over the course of years, the Parties have reached a tentative agreement to resolve the Litigation; WHEREAS, it is the goal of JFRD to maintain a work environment that will attract and retain qualified employees who represent the broadest possible spectrum of our community; WHEREAS, without unnecessary barriers, a workforce will provide equal opportunities for all citizens; WHEREAS, as a department of a City government owned by all citizens of Jacksonville, and that strives to provide high-quality public safety services to all neighborhoods of the City, JFRD believes that a workforce hired based on equal employment opportunity is an important component of our high-quality service delivery and, to that end, is committed to removing workforce barriers that prevent equal opportunity for employment of all citizens; WHEREAS, one of the primary tools to prevent workplace discrimination is to hire from an applicant pool and maintain a workforce representative of the community; and WHEREAS, the Parties intend to compromise and resolve the Litigation without further mediation, negotiation, adversarial proceedings, or admission of any wrongdoing or liability;
NOW, THEREFORE, in consideration of the premises, mutual covenants, and promises
2

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 3 of 37 PageID 897
set forth herein, and for good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Free and Fair Agreement
A. The foregoing recitals are true and correct and are herein incorporated. B. The Parties are represented by legal counsel of their choice. C. The Parties ackno·wledge and agree that this Agreement constitutes a compromise of disputed allegations, claims and demands, and nothing herein should be construed as, or deemed to be evidence of, an admission or concession of any fault, liability, or damage whatsoever by any Party. 2. Obligations of the City A. Transfer Policy The City agrees to maintain, through JFRD, the attached Transfer Policy (Exhibit~). The City will grant requests to transfer to the most senior individual who submits a reassignment request. If special certifications, credentials. training, or qualifications are required for an employee to be eligible to transfer to any position within JFRD, the employee must have completed those requirements at the time of transfer. The City shall maintain a list of such special certifications, credentials, training, and qualifications. B. Work Environment Policy The City agrees to maintain. through JFRD, the attached Work Environment Policy (Exhibit B) to ensure that there is an adequate means to address real or perceived race-based hostility within the JFRD work environment. C. Recruitment Policy The City agrees to implement. through JFRD, the nine points of the recruitment program
set forth in the attached 1999 Hiring Policy (Exhibit C) consistent with section 2(D) below. In
3

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 4 of 37 PageID 898

addition, the City agrees to assign two JFRD uniformed employees to implement all aspects of the recruiting program. The highest ranking of these employees shall be an Administrative Management Improvement Officer (''A,MIO"). Both employees shall report directly to the Fire Chief and be given regular access to department vehicles to enable their etTective performance of recruiting duties. The City will provide all funds reasonably necessary to implement the recruitment program herein described.

D. Hiring Policy, Process and Communication

i.

1999 Hiring Policv: The City agrees to implement, through JFRD, the

attached 1999 Hiring Policy as amended in August 2001 and to excise the provision for credit

history review noted under ';Part II: Selection~' of the 1999 Hiring Policy. 1 Such implementation

will include a presentation and documentation to be provided in April of each year to the City

Council Rules Committee and/or any other City Council Committee to which the City Council

President at such time so directs, to address the status and results of such implementation and to

consider the City's performance of obligations herein contained (collectively referred to herein

as the ..Written Submission"). Copies of the Written Submission and any attachments or

appendices thereto will be provided to the Parties upon request and consistent with Chapter 119,

Florida Statutes.

ii.

Hiring Process for New Firefighters: Approximately one third (1/3) of

JFRD firefighters hired over each of the next five years (through the 2020-21 fiscal year) shall be

selected from a list of non-certified applicants who are not prohibited by law from applying for

certification upon completion of the required coursev·•ork to the extent that qualified applicants

ti1hmTephpleerompcaeerndtitueersdeasogrirmueepseltedhmaatesnthpteeadrptprooufvrssisuuiaconhntshtoiirnitnhthgisepAHrogicrrieensegsm.PeonCltri.ecdyitfohrisatocrryedrietvhiieswtosrywrilelvnieowt bweearepanretvoerf

4

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 5 of 37 PageID 899
comprise sufficient numbers to meet this requirement while meeting the needs of the JFRD (referred to herein as the '·Non-Certitled Hiring Program'').
Each class of new hires shall be chosen on the basis of qualifications and characteristics
determined by the Director of JFRD, including recognition of economic hurdles faced by the applicants, the possession of the minimum requirements imposed by state law (with a preference for applicants who hold at least an associate' s degree or who have obtained 60 college course credits), and other preferences so long as the goal of "build[ing] a fire and rescue workforce reflective of our community" is promoted in accordance with the 1999 Hiring Policy as amended in 2001. Should hiring from the certified list result in hiring more reflective of the community, upon notification to the Plaintiffs as set forth in the Notice section below, JFRD shall choose from such certified list and shall not be required to hire from the non-certified list. Non-certified applicants will be required to maintain their eligibility to apply for certification as Firefighters and Emergency Medical Technicians ("EMT') in the State of Florida and to meet the State's minimum standards for hiring within 18 months from the date oftheir hire.
JFRD will cover the cost of initial coursework and testing for certification. Any noncertified employee who fails any step of the certification process, and wishes to repeat it, will be responsible for the cost (if any) of repeating that particular step. JFRD reserves the right to release from employment any non-certified employee who fails any part of the certification process at the time of such failure .
iii. Communication with JBOF. The Director of JFRD, or his or her designee, and the President of JBOF, or his or her designee, shall meet in October and April of each fiscal year (up to and including the 2020-21 fiscal year) to discuss the City's progress and performance of those obligations set forth in this Agreement. particularly with respect to the
5

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 6 of 37 PageID 900
recruitment and hiring requirements herein stated. The City agrees to cooperate with JBOF and to respond to its requests for information pertaining to such progress and performance in a reasonable and timely manner, consistent with Chapter 119, Florida Statutes.
E. Payment ofSettlement Funds
Within ten ( 10) business days of the date upon which this Agreement is fully executed (i.e., signed by each Party or their authorized representative(s)), and Plaintiffs' submission of those court filings described in section 3(B) below, the City shall pay Plaintiffs $250,000.00 (U.S.), which sum shall be made payable to the Trust Account for the Law Office of Kirsten Doolittle, P.A., and shall be delivered to The Law Office of Kirsten Doolittle, P.A. 3. Obligations of NAACP and JBOF
A. Presentation ofFuture Concerns to JFRD NAACP and JBOF agree to present, in writing, any perceived concerns relating to the implementation of this Agreement to the Director of JFRD. Following receipt of such writing, the Director shall have thirty (30) days to address the stated concerns. No legal action or adversarial proceedings shall be pursued or taken against the City until the expiration of this 30day period. B. Dismissal ofthe Litigation Within five (5) business days of the passage of an Ordinance approving this executed Agreement as set forth in section 5 below, Plaintiffs shall tile in the above-styled case a Notice of Settlement and Motion for Voluntary Dismissal With Prejudice as to all claims associated with the Litigation in the form attached hereto as Composite Exhibit D, thereby dismissing with prejudice all claims and demands against the City in the Litigation and any administrative or court actions against the City that the NAACP and JBOF have standing to assert on behalf of
6

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 7 of 37 PageID 901
themselves or on behalf of their members, including, v.-·ithout limitation, any claims and demands for attorney's fees and costs. 4. Scope of Agreement
By entering into this Agreement, the Parties intend to resolve only those claims and demands arising from or associated with the Litigation. Nothing herein should be construed to resolve those allegations, claims, or demands concerning JFRD's promotional practices as asserted by Plaintiffs in United States, et. al v. City ofJacksonville, et. a/, Case No. 3:12-cv-451J-MCR (M.D. Fla. 2012). Nor do the Parties intend to resolve, by way of this Agreement, any claims or demands raised in Co.tfey, et. a/ v. City ofJacksonl'i!le, Case No. 3:71-cv-44-J-32PDB (M.D. Fla. 1971), Smith v. Ci1y of Jacksonville, Case No. 3:11-cv-345-J-32MCR (M.D. Fla. 2011), or Hopkins v City ofJacksonville, Case No. 3:07-cv-147-J-32MCR (M.D. Fla. 2007). 5. Agreement Contingent Upon Passage of Legislation
The Parties recognize that this Agreement is not valid or binding until the passage of an Ordinance approving the same, with the concurrence of the Mayor of the City of Jacksonville. The City agrees to promptly prepare and present proposed legislation necessary for such approval and to effectuate the terms and conditions of the Agreement. 6. Mutual Releases
In consideration of the foregoing, Plaintiffs hereby release, acquit, and discharge the City and its officials, officers, directors, agents, employees, representatives, related or affiliated companies, subsidiaries, beneficiaries, heirs, predecessors, successors, insurers, third party administrators, assigns, and executors from and against any and all past and present losses, liabilities, responsibilities, demands, obligations, actions, causes of action, rights, judgments, damages, compensation of any kind, liens, expenses (including attorney's fees and costs), as well
7

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 8 of 37 PageID 902
as any and all claims whatsoever, in law or in equity, whether known or unknown which Plaintiffs ever had, now have, or may accrue, both as to each Plaintiff association respectively and as to all claims which Plaintiffs have or may have standing to assert on their own behalf or on behalf of their respective members which arise out of or relate directly or indirectly to the claims and defenses raised in the Litigation.
Likewise, the City hereby releases, acquits and discharges Plaintiffs, their agents, representatives, heirs, successors and assigns, f1·om all actions, claims, debts, liens and demands whatsoever, whether presently known or unknown, in law or equity, which arise out of or relate directly or indirectly to the claims and defenses raised in the Litigation. 7. No Third Party Beneficiaries
This Agreement is binding upon and inures to the benefit of only the Parties, their respective successors, and assigns (including members and prospective members of the Plaintiff associations). Nothing herein should be construed to bind, benefit, or confer any rights upon any other persons or entities. 8. Resolution of Disputes Under the Agreement and Acknowledgment of Jurisdiction
It is the Parties' intention that the Court presiding over the Litigation will retain jurisdiction to enforce the terms of this Agreement, and, if the Parties are unable to resolve a dispute arising out of or relating to this Agreement despite their good faith conferral and negotiations, the Parties agree to submit any such dispute to the same Court. To effectuate this term, the Parties hereby stipulate to the Court's jurisdiction to enforce the terms of this Agreement, as contemplated under the ptinciples set fm1h in Kokkonen v. Guardian Life Ins. Co. , 511 U.S. 375 (1994). The Parties agree to take appropriate measures and actions as to expedite
8

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 9 of 37 PageID 903
proceedings related to the enforcement of this Agreement such that associated disputes may be promptly addressed by the Court. 9. Entire Agreement
This Agreement embodies the entire understanding of the Parties regarding the resolution and settlement of claims and demands associated with the Litigation, and it merges with or otherwise supersedes all prior representations, agreements, and understandings among them. Any amendment of, or changes to, this Agreement shall be in vvriting and shall be signed by authorized representatives of the Parties. 10. Severabi!i!Y
If any section, subsection, sentence, clause, phrase, or other portion of this Agreement is for any reason declared invalid in whole or in part by any court, agency, commission, legislative body, or other authority of competent jurisdiction, it is the Parties' intention that such portion shall be deemed separate, distinct, and independent of all other portions, and such declaration shall not affect the validity of the other portions, which shall continue in full force and effect, to the extent permitted by law. 11. No Admission of Liability
No part of this Agreement constitutes an admission of fault, wrongdoing, or liability on the part of any Party, and each Party specifically disclaims any fault, wrongdoing, or liability relating in any way to the Litigation. The Parties have entered into this Agreement solely to compromise and settle the Litigation without further cost, expense, and inconvenience.
9

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 10 of 37 PageID 904
12. Governing Law This Agreement shall be deemed to be executed in the State of Florida and shall be
construed and governed in all respects, including its validity, interpretation, and effect, in accordance with Florida and federal law.
13. Drafting of Agreement and Authority to Sign
This Agreement was drafted with each Party having an equal right to review, comment upon, and revise its contents. In the event of any dispute or suit related to the interpretation of this Agreement or its terms, no provision will be construed against any Party as its sole drafter. Each Party represents that the individual(s) signing below has/have the authority to execute this Agreement on his, her, or its behalf. 14. Counterparts
This Agreement may be executed in counterparts which, when taken together, shall constitute an original, fully executed Agreement.
[THIS PART LEFT INTE.VT/0.\'ALLY BLAiVK. S!Glv'ATURE PAGES FOLLOW]
10

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 11 of 37 PageID 905

IN WITNESS WHEREOF, the Parties have executed and delivered this Agreement on the date(s) provided below. THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JACKSONVILLE BRANCH
>-?- :ZCJI?
Date

(print title)

STATE OF FLORIDA COUNTY OF DUVAL
The foregoing instrument was acknowledged before me this .1__day of M,.. ecl , 2016,
, who is~rsona:~ o produced identification.
Type of identification produced: - - - - - - - - - - -

Signature ofNotary Public State of Florida

.. .. • ,.. ....,..,..-,. ..... - -w:. ~

._,.-- ...- .......... - ... -- 4 ~~
\~ '~-.~ ~·f-~.1.
~ .. "'

NOIIIIY P11blic: Stalll d FlCirida
GMayiCl NomHmililsuionEE11254fl
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~

11
- -- · . . . .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ . . _ !

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 12 of 37 PageID 906

JACKSONVILLE BROTHERHOOD OF FIRUIGBTERS. A Clb\.Pl'ER OF THE
INTERNATIONAL ASSOC.IATION OF AFRICAN AMERICAN PROJi'ESSIONAL
"j:fc.1ft:

s' )

..

Date

C. , )AMt-s tD\~ Ar\ 0 .s

(print name)
Y(<~,c\c."l~ j()Of-

(print title)

STATE OF 'FLORIDA

COUNTY OF DUVAL

rl fl-.

' ,

/fJartN. The roresoms instrument was acknowledged before me lhis _]_day or

2016,

t. rdf . by JCt@S ~dWlt

'~ idenu~on. who is: o personally known to me;

Typeofidentifieationproduced: FforidOt ]nverJ LiCfhJC
s~~~

' i~ .:·, { J· -------
-Kirsten Doolinle. Esq. Luw Office of Kirsten Doolittle. P.A.
Florida Bar No. 0942391
The Elks Building 207 North Laura Street, SUite 240 Jacksonvil!e, FL .32202 Telephone! (904) 551-7775 Facsimile: (904) 513·9254 kd.;a:kdlawQftl$MQm

\1~' State of Florida .f;·- !j' ~fb-~~·~\'1-CMAY-ICT- OLMI- MNIS- DSIOG-NR- #AFFN-13G4.0E3QR. EXPIRES June t8, 2018

(4on ·J98~, !13

AoridaNatarvsen.ice.com

-and-

12

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 13 of 37 PageID 907

)

..

~~JftC--'-~

Ray MGclain, Esq.

Lawyers' Committee for Civil

Rights Under Law ·

1401 New York Avenue, NW, Suite 400

Washington, D.C. 20005

Telephone: (202) 662-8342

Facsimile: {202) 783-0857

rmcclain@lawyerscomm ittee.org

Co-counsel for Plaintiff~·

13

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 14 of 37 PageID 908

THE CITY OF JACKSONVILLE BY:

Date

(print name)
fLdfB{ OI.
(print title)
STATE OF FLORIDA COUNTY OF DUVAL

SamE. Mousa
ChiefAdministrative Officer
For: Mayor Lenny Curry Under Authority of:
Executive Order No. 2015-05

6Yi.. of ~. The foregoing instrument was acknowledged before me this

day

2016,

by ~ ~Sd..r

, who is: !Jl'personally known to me; o produced i/ntification.

Type of identification produced: _ _ _ _ _ _ _ _ _ _ __
kA ~
Signature ofNotary Public State of Florida

Craig D. Feiser Assistant General Counsel cfeiser~coj .net Adina Teodorescu Assistant General Counsel teodores@.coj .net
Office of General Counsel
117 West Duval Street, Suite 480 Jacksonville, FL 32202 Tel: (904) 630-1700 Fax: (904) 630-1316 Counsel for Defendant, the City ofJacksonville

1111

, , ,. . . . . ., ,

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i:..-~l~iot!!vi"~m·:-~~..i

ALICEW. NEWMAN Notary Public • State or Florida

•C \~ ..a-"'i My Comm. Expires Jun 19, 2018 ···~~.OF ,~cr.,,,••~.·· Commission # FF 99760

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14

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 15 of 37 PageID 909
Exhibit A
(Transfer Policy)

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 16 of 37 PageID 910

OFFICE OF CHIEF OF DEPARTMENT
August 2.5-2015

INSTRUCTIONAL BULLETIN #15·##

TO:

All Fire and Rescue Personnel

FROM: Kurtic; R. Wilson, Chief of Department,/'/k..r:

RE:

Merging ofTransfer Policies 13-18, 14..:09, 14-22, 14-23, and 15-14

The Administration retains all rights listed in the Collecti"e Bargaining Agreement. i1obDRn3fefefh-lic1q.ucio8useei)nernossscntioesdCdrefochroehrircdivecfaobfosfleeutlarenicrrcteevacdreotoystnohsetruaxaalvptnteepisnnlfngyueoarfVsto~iinirnwtfgohlilurltcehbibnree~ccuDdefimiloislrsenseudtcatahbtndoiacesrsed/pesFdrfeorixoorceimnesstCtsawth.hpioUeapftcln.ycrdiioInteneugrdrlNidfiavoo,hirdqacauuminraaycplluiepwfmriocaossanitpttatiesiono,rncandestseisosuo'inn"rridseol,slsp,teeehomnneriinponplrgaroietsydyf.eee.('ervIesIninfabstctteih.eoesBnbumyllaeytin

All openings will be advertised 1700 hrs. (Inst. Bulletin 15·14)

for

7

calen.dar

days

beginning ·

ori

a

Monday

and

close

the

following

Sunday

at

Marine Staffing Policy (Inst. Bulletin 14-09)

The following is Rescue 40 is the

required for permanent assignment for only exception as they will be required

Suppression personnel to to attend JFRD Deckhand

stations 23, 38, certification.

39,

and

40.

Per$onnel to marine

requesting a transfer into marine activities (RHIB, OUPV, Master's

stations will be assigned based on current certifications Captains Ucense, and Hazmat Tech for 70' fireboat)

related

The minimum certitications required for permanent assignment are as foll<m-s: 1. Coast Guard OUPV license 2. JFRD Deckhand certification (RHIB and Deckhand class)

lf no certified personnel request the open spot, seniority commitment to fulfill the training requirements.

will

be

the

guiding

assignment

principle

~ith

a

~i'•t•"·'."...'.#(~
w~a.,.. t-lund.o llllguao.
515 ,.. Julia Stteet 1 Jac:honvlllo, FL 32202.,..128 1 Phofle: 904.630.7868 1 luwllton@coj.net

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 17 of 37 PageID 911

Marine Staffing Policy Continued

There will be an evaluation at the end of the first six months to ensure the employee can operate JFRD
marine vessels safety and efficiently.

Tevhaislueavtiaolunawtiiollnbweiollnbveacroionudsuscmteadllbwy a2tqerucarlaiftiteadnUdSthCeG3c1a' pfitraeibnosaatsss.igIfntehdetoevtahleuamtiaorninies the marine division, then the employee will be re-assigned within the JFRD.

stations. This not to the standard

of

If the evaluation is prm·ided by JFRD:

successfully

completed

then

the

following

classes

and

certifications

must

be

obtained

as

1. JFRD FBOT

2. NFPA Marine Firefighting 1 and 2

3· State of Florida Hazardous Materials 160 Technician (for assignment to the 70' fireboat)

Hazardous Materials Teams (Inst. Bulletin 14-22)

The and

following
21:

is

required

for

permanent

assignment

to

any

Suppression

or

Rescue

unit

assigned

to

stations

7

1. 160 hour IAFF hazardous Materials Technician course 2. State of Florida HazMat Technician Certification. 3. Additional training as required on duty.

If a vacancy occurs, preference will be considered for those already state certified to HazMat Technician level.

If no certified personnel request the open spot, seniority commitment to fulfill the training requirements.

\\ill

be

the

guiding

assignment

principle

with

a

Special Operations Teams-Squads. Urban Search & Rescue Teams (Inst. Bulletin 14-23)

The following is Rescue 13 is the

required for permanent assignment for Suppression personnel only exception as thy will be required to be USAR trained.

to

stations

4,

5,

12,

13,

37:

1. 320 hour USAR Technician Class a. Rope Rescue Technician
b. Confined Space Technician c. Trench Rescue Technician
d. Vehicle & Machinery Technician e. Structural Collapse Technician 2. 40 Hours of RIT training 3· Hazardous Materials Technician 160 Course 4· Addition training as required on duty

If a vacancy occurs, preference will be considered for those already state certified to USAR Technician level.

Ifno certified personnel request the open spot, seniority commitment to fulfill the training requirements.

will

be

the

guiding

assignment

principle

with

a

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 18 of 37 PageID 912
Exhibit B
(Work Environment Policy)

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 19 of 37 PageID 913

The City ofJacksonville (the City) and the Jacksonville Fire & Rescue Department (JFRD) restate the policies, goals, definitions, and procedures set out in Chapters 400 and 402 ofthe City's Code of Ordinances, and in JFRD's Standard Administrative Procedures, and agree not to create a hostile work environment on the basis of race, gender, or national origin. The City and JFRD further agree not to engage in, implement, or permit any action, policy, or practice that retaliates against any current or former employee because such employee has challenged any employment action or practice pursuant to the procedures set out in this Work Environment · Policy and/or Chapters 400 and 402 of the City's Code of Ordinances. This Work Environment Policy relies on the Jacksonville Human Rights Commission ("JHRC") and the City's Equal Opportunity/Equal Access Office ("EO/EA Office") continuing to receive and investigate complaints of hostile work environment.

I.

WORK ENVIRONMENT POLICY

A. JFRD shall evaluate its work environment policy by February 1, 2015, to include, at a minimum, the following:

1.

A strong and clear commitment to a workplace free from harassment and

retaliation;

2.

A clear and comprehensive description of race, gender, and/or national

origin harassment and retaliation including examples;

3.

A statement encouraging employees to come forward ifthey believe that

they have been harassed or retaliated against for complaining about

discrimination;

4.

A description of the possible consequences, up to and including

termination that will be imposed upon violation of the policy against race,

gender, and/or national origin harassment and retaliation;

5.

A statement of commitment to maximally feasible confidentiality for

persons who bring complaints about race, gender, and/or national origin

harassment or retaliation;

6.

An assurance that persons who in good faith complain about race, gender,

and/or national origin harassment they experienced or witnessed will not

be subject to retaliation;

7.

A statement that JFRD's Work Environment Policy applies to all persons,

including but not limited to JFRD's management officials, supervisors,

vendors, suppliers, third parties, and customers;

8.

The procedure for reporting such claims, pursuant to Chapters 400 and

402 ofthe City's Code ofOrdinances;

9.

The contact information including title, address, and telephone number of

persons both internal (i.e. human resources) and external to JFRD (i.e.

EEOC and JHRC) available to handle complaints to whom employees

may report race, gender, and/or national origin harassment and retaliation,

including a written statement that the employee may·report the

harassment to designated persons outside their chain of management; and

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 20 of 37 PageID 914
I0. A JHRC or EO/EA Hotline number for complaints of harassment, retaliation, and/or other discrimination. The number shall be in operation at least Monday through Friday, from 8:00a.m. to 8:00p.m.
B. JFRD shall promptly issue its modified Work Environment Policy to all employees. Each employee shall sign an acknowledgment of receiving and reading the Policy. The same acknowledgment shall be required of all newly hired employees at the start of their employment.
C. A notice summarizing the terms of the Work Environment Policy shall be posted, and remain, in at least two (2) clearly visible locations frequented by JFRD employees during the term ofthis Agreement.
II. TRAINING
A. JFRD shall provide and require all current and new personnel (including administrative and supervisory personnel) to attend anti-harassment training no later than 180 days after the Effective Date of this Agreement, and at least once every two (2) years thereafter. Training of management and human resources personnel may be conducted separately from training of non-managerial employees.
B. The JHRC shall provide the training required under this Agreement.
C. At a minimum, the non-discrimination training programs shall include the following: I. Instruction on the requirements of all applicable EEO laws including, but not limited to, its prohibition against race, gender, and/or national origin harassment and retaliation; 2. A review of JFRD's non-discrimination, non-retaliation policies, and of the specific requirements of this Agreement; 3. Advising management and supervisory personnel of their duty to actively monitor their work areas to ensure employee compliance with JFRD's Work Environment Policy and to report any incidents and/or complaints of race, gender, and/or national origin harassment, and/or retaliation; and d. The JFRD's Fire Chief or designee (at the minimum rank of Captain) shall appear in person at all of the training sessions required under this Section in order to reiterate JFRD's Work Environment Policy, to affirm that harassment and retaliation shall not be tolerated, and to encourage employees who believe that they have been victims of such harassment or retaliation to use the complaint procedures established by this Policy.
III. RECORD-KEEPING AND REPORTING REQUIREMENTS
A. The City shall maintain the following documents and will make them available to JHRC upon request:

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 21 of 37 PageID 915
1. All documents generated in connection with all complaints of race, gender, and/or national origin harassment, and/or retaliation and all investigations and resolution of such complaints for the duration of the Agreement;
2. All forms acknowledging employees' receipt of JFRD's revised or modified race, ender, and/or national origin harassment and retaliation policies;
3. A Iist ofall persons who attend training required under this Agreement; 4. All documents generated in connection with the monitoring and
counseling of persons detennined to have engaged in race, gender, and/or national harassment and/or retaliation; and 5. All documents generated in connection with confidential inquiries into whether any complainant believes he/she has been subjected to retaliation.
B. Within 180 days ofthe Effective Date of this Agreement, the City shall submit to the JHRC a report containing:
I. A statement confirming that the required Notice ofTerms of the Agreement has been posted;
2. The revised Work Environment Policy, if necessary; 3. All employee acknowledgment forms indicating receipt ofthe revised
Work Environment Policy; and 4. Confinnation of the establishment ofthe Anti-Harassment Hotline.
C. Each year the City shall provide to the JHRC a report containing the following information:
1. The lists of all persons who attended each training session during the preceding year;
2. Acknowledgment of receipt ofthe Work Environment Policy by all employees hired within the preceding year;
3. Copies of all race, gender, and/or national origin harassment and retaliation complaints made during the period; and
4. The identities (by name, work address and work telephone number) of the complainant and person who received the complaint.

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 22 of 37 PageID 916
Exhibit C
(1999 Hiring Policy)

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 23 of 37 PageID 917

/
1.
JOHN A. DELANEY
IU.YOB
·MEMOBANDUM.

..• -. ~r:t~

-:.

=·· · •,4 ...._....

......p. 7··· . •:,t . ·• ....,

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·~..-.. •~:\·.·I'

OFFICE OFTBE MAYOR

TO:
FROM~

Adrienne Trott
Chief. Human Resources Division
;l.H/ LeX Hester
ChiefAdministrative Officer

DATE:

Aprill6, 1999

RE:

..F'uefi1hter Hirillg Poliey

f t. .l.AIIa BtJJlJ)JNC 111 WEST JJUVALSJ'U£1'
SU1'l'Z«<I .lACKSONV• ...LE.·n. 32102
! •

DePartmAefntte,r.~.~etacdnsmiivncis.dtirasctiuosnsiaodnospwtsitthhethfoellGowoninmg.hl iCrion~geplro'csedOufrfeisceanadndpothliecieFs'ufcoranccultiRyCSleCvUeClI

fU"Cfighters. :ne process, modeled in pan on the higbly succcsstul recruitment and selection

program of the I aclcsonville Sheriff's Office, heightens selectivity and raises ~ for

employment. .The process is designed to accomplish the following:

·

: ·,)!

.1, .
..

Hire only highly qualified candidates; Provide equal opponunity to aJl citizens ofJacksonville;

-?· Be fair and equitable: and

-+.

Comply with all .local. state and federal laws regarding hiring.

Part I: Recruitment
A comprehensi\o·e. effective recruitment program is essential to hiring the most qualified
firefig.h ters and providing equal opportunity. The Administration is committed to investing the time, fundmg and personnel needed to recruit the best candidates for employment with the Fire and Rescue Depanment. The Administration will establish a Recruiunent Section in the department that will pronde education. training, outreach and suppon services to attniCt qualified candidates for
employment.

,....

The Recruitment Section will actively seek candidates for available positions in a variety of public settings. including colleges. universities. places of worship and job fairs. The section will

target audiences who may be interested in careers in public safety and will educate the community

•~ <-= J'rtnuo on Mw••••• Purr

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 24 of 37 PageID 918

... ..... ":...-. .
on available employment oppommities. The R=uiUm:Dt·Sectiau will also work with the school system and corporate parmers to provide traiDing aml funding assistance to eacouragc a divezse applicant pool To build a fin, and rescue workforce JCBcctive ofour commuaity, all citizeDs must
be iDVited to compete for cmploymc:nt ad ttaditioDil bmiers to oppoltlmities must be removed.
'•
As part ofthis m:ruilmcDt eflbtt, ttie ~ IDd Rauiemeat SoctiOD wiD WOik with 1he local mmrntmilycollese IDd 01hcn to prcMde mare claDes ad iDcemives fDt SCite ~
'Ibis approach will impxove appommities for iDtcn:sted- ciUzeDs to become state certified.
Pan n: SeJpon

'.
.

"\., \

co

·•.

The selection process will involve bipc:r staadards aad closa'scruliDy ofIll CIDdidms. All

candidates must pass a rigorous but job-related set ofJCreC:DiDJ dcvices. ~ese sc:rec::mug devices

include stale ccrtiiicaticm, becomhlg an EMT, passinl a ph)'lical abiJliY aad polYJl'IPh test, ami

passing a background, criminal and credit review. Only those c:mticlates who pass the screc:aing

devices will be consiclercci for possible employment.

·

Aft=r passing thase c=aizzg devices, each caudida&D will be imervir:wed by ID Oral RIM•

and Selection Board. This interview process allows for 1Wl ccmsidcration of each candidate's

qualifications. ·At the conclusion ofthe interview proc:c:ss,- some candidates will be C!limiuatcd frOm

further consideration and will be properly notified. Those candidates who will be considcn:d for

employment will be ranked in appropriate bands and t1W list will be. foiwatded to the ChiefofFire

and Rescue for·selectioa The Fire' Chief may select (or reject) aily candidate witbur.ihe first

F:-J~

· appropriate band mel proceecho otbc:r bands·as hiring needs may·~'As IDO~ caDdidates apply,

~

the Fire and Rescue Department shall engage m·continuous recruitment.

This selection process sets higher standards, ensures that only candidate$ with Significant qualifications will be considered and allows for full consideration ofeach candidate,s qualifications.

The following memorandum sets out the details ofthese recruitment and selection policieS

and practices.

-

· .

·

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 25 of 37 PageID 919

PART I
RECRUITMENT

1.
2.
.r;:-·..
.\__
3.

A hichly qualified Fare u d Rescae ~~t, aae dlat a!l'en opportullldes
for all sepsea.ts of oar commaalty, cu ollly be accompUsbed throap a
compreheasive recruitiueat ud educadoa pi'Op'UI. The AdmiDistratio~ therefore, adopts tbe foUowiJic:

.:

Establish a Recruitment Section

Recrui-- The Adminis1ration will establish a

Scc:Uon iD the Fire aDd Rescue Depmmem

far . designed to recruit the most qualified applic:mts employment while ~eating all

segments ofthe communityofjob opportUnities with the departmem. Recmitms and support

staffwill actively m:ruit, track and monitor the applicant pool azul selection results. The

section M..ll coordhwc cffons with the City's HUD1.111 Rc:sourcr;s Division.

Budge~ for Recruitment aad Tracking Activities

, ,!

The A~stration supportS investing the time, money and persounel
the r~anent ofhighly qualifie<l applicants. The Administration will

necessary to easure
support 1lmding the

Rccruittnent Section ofthe department to pay for salaries, outreach, printing, travel and any

other cpsts associated with successful recruitment and tracking.

-~:~

~ ..
Work wilb Corporations and Foundations to Establish Seholanhip or Tutorial Programs

To recruit the most qualified citizens and encourage a diverse workforce, the Administration is commined to helping potential applicants overcome the economic challenges ofseeking state certification. A coordinated effon to make scholarships available to those wh~ need · fmancial assistance will attract more qualified ~licants while producing an applicant pool that more closely reflects the diversity of our community. The A,dminimation will look to corporations. foundations and volunteers to provide fiDancial assistance for scholarships. In addition. rutorial opponunitics in cconomicalJy disadvantaged areas will also be implemented to assist interested citizens through the ccnification process.

Ensure Cenificatioo Opportuoities

Citizens interested in public safety careers have been limited by the relatively small availability of seats in state cenification courses. A cooperative effort with FCCJ to make

- 1- .

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 26 of 37 PageID 920

...

more clasSeS and BealS available will provide all intctestcd citizms with grater oppammities for car=s in public safety.

s. ·· Work wftb School Board to Establish More/Eahuced Mapet Prop'am Alliuees

m t1obec:ADdCmOiDUir~apUaptUictimcsipumppcwmts

eablisbiDg fire ID4

aaDpaie:rdtahaesbalitphw·mitah'gtbneetDpurong)iaCiro&uinatyudScthoooJl BmoMa...r~.d_

!tit pxi:pmnOii'~jolf~es

Ji'iilDmi"oftliese·pn;~·

·---. .... ·•·· ·-··

,· . ....

. ..

6. Ret:nlit at CoDeaes, UDivenfties adCommvalty CoiJeies .

,• .

The R.c:ICluitmmt Section will recruit at state colleges, UDivcrsities 8Dd communitycolleges
to auraetpcncms wbo maybe iiW:n:sred iD apubUc safety cma:r. Mmy ofthe stndrms who
pursue careers and professiou inmedical m:1 health services coul4 be ideal cand.idm:s for employment with the department, particularly iD rescue SerVices.

7. Recruit at .Job Fairs, Civic Events, Plilees ofWonhip uid pubUc eva'CS
,··,

The AdmiDistration suppons establishing a slsaificant preseace in 1he community to iDmml

our local labor pool oftho carcc:r opportuDities that exist in the Fire and Rescue Depaumcat.

The City participates in many job fairs and civic events ·where the Fin; ·and Rescue

Depamnent could target likely candidates ior public safety careers. Likewis~ recruitment

·

·patopsslaecssesthoefswtroarnshgi~poorffkeersthainc

opportuility tO find a souree ofqualified cazididates
desired ofCity of1icksonVille em.Ployees.

who

may

()

8. Establish Target Audiences for Solicitatioas

The Recruitment Section will work with colleges, universities, civic groups and commuDity organizations to target audiences who may be iiiterCsted in careers in public saf~. 'I'hrough the use ofrecruitment broch'UI'eS and focused presemations made by recmianent experts, the
Cbeitqyucaalnifireedacahnmd oinretepreostetendtimal ceamnpdlidoaytmese,nstuwchitahsth~eviFdirueaalnsdwRietshcmueilDitaerpyasreimrveicnet., who may

9. Economically Disadvantaged Program

The Administration suppons providing greater opportunities for economicalJy disadvantaged individuals. The recruitment. program will assist in this effort.

-2-

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 27 of 37 PageID 921
--'f"' :
·~
PARID
SCREENING, SELECDON & BDUNG

To euure a b.iply qaaiUiecl world'on:e, the Oty o{jaekloaville

will more clolely. senatlaize applicaacs for employmeat witla tbe

Fire ud Resc:ae Deparaamt. Greater screea.ID& ud a -~

seleetive process will help pro~ote hilber stadanll witb.ba tile.

department. Guidellaes for prequUfic:adoa,· screeaia& ud

selection are as follows:

·

1. Each applicant must.bc: a:
A. mp school cndaate or eqaivalmt
B. LlceDSed driver
C. Noa-smoker

..···. · , . - ... . ..

2.

."J' .

4.

( .

s. ·. \

6.

Each applicant must be a state certified firefighter.
·'
Each applicant must be a state certified EMT. Each applicant must pass a job-relau:d physic:al abWty test.
Each applicant must pass a criminal bacqrouad check.
Each applicant must pass a credit history review.

7. Each applicant must pass a driving history review:

S. · Each applicant must pass a rigorous bal!kgrouad review. · Depanmcnt representatives investigate the applicant's background of emplo~ent and neighborhood relations. Firefighters are frequently required to enter citizens' homes ami busmesses. and trustworthiness is critical.

9. Each applicant must pass a polygraph review.

The polygi:aph analysis is conducted by a certified polygraph operamr selected by the depanment and reviewed by an assigned depamnent representative. Consideration is given not only to determinations of deception, but also to the statements and admissions derived . under fear of analysis.

Only applicants who pass each ofthe nine screening devices shall proceed for consideration
~- · .- 3-

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 28 of 37 PageID 922
. '• .

. .

,.,.

for .aap,loymmt with the cicpan:m=l. Applica:lits pUsins tbme scmc:ning davices will be-

interviewed by the Oral Review and Selection BoanL 10. · · The Oral Review dd Selecdoll Board shall interview each qualifiedcandidate.

r~-r)

The Orallleview IIDd SelecdcmBoll'd UalJ C0D1ist of5-7 mc:a:sbcD. ODe member abaU be
me dapepiosiiDptecdiDbyd1Sbe't1=oic;a'mJ ID;IWiem'oift.i~ ou·l·.aAppaOoinchi"lteiaaras·o~s!bFlJllII~'b!efi·lJbDtimdeP.blay-itdhaeld~:iorer..ChiPefiwaiiddclatht'es
aaspbvpaailOllibdveaatlCeoOdfDlt1Sbli1dleMCletadli)rb'caydr.tihuJitnsmfcovorimmewamDiptotrenoecoenSEesa.acc·Ahh1cCttm:ifDrd1dihiddaaltbtoemiJli·i'iv"Dilediw"ivIaiId,DuIIaOolDlfy1t0hmecta=aambdoievdweaetseccslrt=wbDmililDubPges.. .·· ·..
eliminiud from fimhar consiclaraDcm and will be DOtifiecl in wriq 1besecaDdidata may
reapply in two yau.

Those remaining cmtida!es comiDuiDg forCODSiderationwill beI8Dked in appmpriaSebaads. The board shill givepn:fc:r=lce to militaiy service, as requjred by law. In addition, the board may favorably consider the following:

• being a panmedic;

. •

Associate ofAn
=~~

s,

Bachelor

o

f .A:rts,

Bachelor

ofScic:nce

degrees

or

other

post

seccmdmy

• having dcmonstarcd initia!ive by overcoming barriers.

11. The Yare Chief wiU have the discretioa to hire ·uy:caudidate ia the first.bud .of . applieauu. The·Fare·Ch.ief may also disqualify a~~y cudidate for reasons cQDSistentwith
the selection criteria. Any candidate disquaimc:d·from consideration may apply apn for
employment with the Fire and Rescue Department in two years. As each baud is eldlausted, the Fire Chiefwill move to the next band.

12.

·

Candidates sclc:cted bythe to employment. .

Fire

Chiefshall be required to
·

pass

medical ad

drug

tests

prior ·

13. Upon employment, each ruetighter shaD be oa probation for a period ofone year. B.efore the end ofthat period. the firefighter's performance will be reviewed Ifhe/she fails to meet departmental standards, he/she will be dismissed from employment.

14. The Administration and Fire ind Rescue Department will engage in continuous recnlltmeat

· to increase ~e qualified applicant pool and provide gn:ater opportUnity to all sectors ofthe

community. list.

New qualified candidates willbe screened, ranked and added to the eligibility

After being on the eligibility list for a period oftwo years, applicants must be rescreened,

-4-

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 29 of 37 PageID 923

•• : · :

l

...

rcinterviewc4 and rc:rankcd ifthey wish to rcmaiD on the list. Those who fail to do so will not be eligible for employment with the d.cpanmcnt.

15. With continuous recrUitmcm and a two-yearrescrcc:aiDg for all amdidatcs, it is DOt required

that a list "expire" as in the past. However, after the list has been iD effect for at ltat one

Y=lf, the Fare Chief may initiate the ~oa of a Dew uit so long as sufficient written

notice is Mayor.

given

to

those

on

the

list

aud

the

decision

to

cr

ate

a

new

lilt

is

approved

by

the:

: .
. ...

c· ,

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-. .'·:-:. :

-5- .

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 30 of 37 PageID 924

RESOLUTION 1999-502-A

CERTIFICATE OF AUTHENTICATION

0

DECLARED AN EMERGENCY MEASURE AND ADOPTED BY THE COUNcn.

ATrEST:
B~~£~
COUNCD.. SECRETARY

MAY 1 8 1999
()

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 31 of 37 PageID 925

JOHN A. DEL\NEY MAYOR

OFFICE OF THE 1\'I.AYOR
August 24, 2001

Honorable Matt Carlucci City Council President
117 West Duval Street, Suite 425 Jacksonville, FL 32202

ST JAL\IES BUILDING 117 WEST DUVAL STREET
SUITE 400 JACKSONVILLE, FL32202

Dear Cou.'lcil President Carlucci:

of

two

Pursuant to Section 2 changes/clarifications

of to

Resolution 1999-502-A, I would like to the April 16, 1999 Firefighting Hi-!ing

advise Policy.

the City Council I am clarifying

paragraph candidates

11 on from a

page band

4 of the includes

Plan to the Fire

make it clear that the Fire Chief's discretion to hire Chiefs broad discretion to use subjective and objective

techniques in that decision making process.

I am also amending Paragraph 14 from pages 4 and 5 of the Plan to read as follows:

The Administration and Finance, and Fire and Rescue Departments will engage in continuous recruitment to increase the qualified applicant pool and to provide greater opportunity to all sectors of the community. New car1didates will be screened, and those who are qualified will be interviewed and scored and placed in a band.

Candidates who are placed in a band shall remain in that band and on the eligibility list for two years, unless the car1didate elects at the conclusion of the two year period to remain in the designated band on the eligibility list for six additional months. Candidates may reapply to rema'n in the band on the eligibility list for additional six-month periods up to a ma.'<:imum of four (4) years in the designated band.

At the conclusion of the original two years in the band on the eligibility list, or after ar1y subsequent six-month extension, ar1y candidate may re-apply to be re-screened through the nine step s:reening process, re-interviewed, and re-banded for a subsequent
two-year period. No candidate, however, may so apply prior to the
expiration of nny two-year term or six-month extension.

COJ_008331

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 32 of 37 PageID 926
Hunorable Matt Carlucci
August 24, 2001 Page two
Any person on the certified eligibility list whose eligibility in a
band has expired, and who has not applied for an extension, or has not re-applied for re-screening, re-interviewing, and re-banding, shall be removed not only from the band, but also from the eligibility list. This amendment will apply to all existing and prospective applicants. It adds flexibility,
opportunity, and economy to the process. I am pleased to advise the City Council that the outstanding work accomplished by Chief Alfred and his staff, in cooperation with Chief of Human Resources Adrienne Trott and her staff, has resulted in a selection process that has faced
neither a civil service grievance nor a lawsuit since the process was initiated in July, 1999. I am confident we are making quality hiring decisions in the best interests ofthis commwtity.
i erely,
(l~V\~~
. Mousa Chief inistrative cer
v / cc: Richard A. Mullaney, General CoWlsel Ray Alfred, Director/Fire Chief Adrienne Trott, Chief, Hwnan Resources Div.
COJ_ 008332

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 33 of 37 PageID 927
Exhibit D
(Notice of Settlement and Motion for Voluntary Dismissal with Prejudice)

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 34 of 37 PageID 928

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JACKSONVILLE BRANCH

and

JACKSONVILLE BROTHERHOOD OF
FIREFIGHTERS, A CHAPTER OF THE INTERNATIONAL ASSOCIATION OF AFRICAN-AMERICAN PROFESSIONAL FIREFIGHTERS,

CASE NO.: 3:13-cv-161-J-32MCR

on behalf of themselves and the class they represent,

Plaintiffs,

v.

CONSOLIDATED CITY OF JACKSONVILLE.

Defendant.
----------------------------------~/
JOINT NOTICE OF SETTLEMENT AND MOTION TO DISMISS ALL CLAIMS WITH RESERVATION OF COURT'S JURISDICTION TO ENFORCE TERMS OF SETTLEMENT
Plaintiffs, The National Association for The Advancement of Colored People, Jacksonville Branch ("NAACP") and Jacksonville Brotherhood of Firefighters ("JBOF"), and Defendant, City of Jacksonville ("City"), (collectively the "Parties") hereby provide notice of their agreement to settle this case in its entirety and jointly request that this Court enter an order dismissing all claims with prejudice and reserving the Court's jurisdiction to enforce the terms and conditions oftheir respective settlement agreements, and state the following:

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 35 of 37 PageID 929
1. The Parties have agreed to be bound by settlement agreements, the terms of which resolve and call for the dismissal of the Parties' claims with prejudice.
2. As of the date of this filing, the satisfaction/performance of certain settlement terms is imminent, but not complete. Most notably, the payment of settlement funds and execution of corresponding releases remain outstanding. 1
MEMORANDUM OF LAW A district court is authorized to reserve to itself and exercise jurisdiction to enforce a settlement agreement calling for the dismissal of a case. Should a court elect to do so, its order of dismissal should express the intention to retain such jurisdiction despite the dismissal and closure of the case at hand. See Directv, Inc. v. Canatsey, No. 6:04-cv-974-0rl31JGG, 2005 WL 5949749, at *2 (M.D. Fla. Sept. 2, 2005), citing Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375, 378, 114 S.Ct. 1673 (1994) ("[i]n the absence of ... an independent basis for jurisdiction to enforce a settlement agreement only if the dismissal order specifically reserves such authority or the order incorporates the terms of the settlement.") WHEREFORE, the Parties respectfully request the Court to enter an order granting this motion, closing this case and dismissing with prejudice all claims herein raised, and reserving to this Court jurisdiction for the sole purpose of enforcing the settlement agreements executed by the Parties. Respectfully submitted this _ _ day of March, 2016, by the following:
1 The Parties have agreed to all amounts and terms of payment, and have fixed/finalized the associated release agreements.

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 36 of 37 PageID 930

LAW OFFICE OF KIRSTEN DOOLITTLE, PA

OFFICE OF GENERAL COUNSEL

KIRSTEN L. DOOLITTLE, ESQUIRE 207 North Laura Street, Suite 240 Jacksonville, Florida 32202 kdC@,kdlawoftice.com Co-Counselfor Plaintiffs
LAWYERS' COMMITTEE FOR CIVIL RIGHTS
RAY MCCLAIN, ESQUIRE 1401 New York Avenue, NW, Suite 400 Washington, DC 20005 rmcclain@lawyerscommittee.org Co-Counselfor Plaintiffs

DAVID J. D'AGATA Sr. Assistant General Counsel Florida Bar No.: 0663891 ADINA TEODORESCU Assistant General Counsel Florida Bar No.: 0784761 CRAIG D. FEISER Assistant General Counsel Florida Bar No.: 164593 117 West Duval Street, Suite 480 Jacksonville, Florida 32202 (904) 630-1700, Phone (904) 630-1316, Fax dagata(a{coj.net
teodores @coj .net cfeiser@coj .net
Counselfor Defendant, City ofJacksonville

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on March

, 2016, I electronically filed the foregoing

with the Clerk of the Court by using the CMIECF system, which will send a notice of electronic

filing to all attorneys of record.

DAVID J. D'AGATA Sr. Assistant General Counsel Florida Bar No.: 0663891
ADINA TEODORESCU Assistant General Counsel Florida Bar No.: 0784761 CRAIG D. FEISER Assistant General Counsel Florida Bar No.: 164593
117 West Duval Street, Suite 480 Jacksonville, Florida 32202

Case 3:13-cv-00161-TJC-MCR Document 84-1 Filed 05/13/16 Page 37 of 37 PageID 931
(904) 630- 1700, Phone (904) 630-13 16, Fax dagata@co Lne t teodoresraJ,co j.net cfeiser(Ci{co j.net Counsel for Defendant, City ofJacksonville

 
 Case 3:13-cv-00161-TJC-MCR Document 85 Filed 05/16/16 Page 1 of 2 PageID 932

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JACKSONVILLE BRANCH, and JACKSONVILLE BROTHERHOOD OF FIREFIGHTERS, A CHAPTER OF THE INTERNATIONAL ASSOCIATION OF AFRICAN-AMERICAN PROFESSIONAL FIRE FIGHTERS, on behalf of themselves and the class they represent,

Plaintiffs, vs.

Case No. 3:13-cv-161-J-32MCR

CONSOLIDATED CITY OF JACKSONVILLE,

Defendant.

ORDER Upon review of the parties’ Joint Notice of Settlement and Motion to Dismiss All Claims with Reservation of Court’s Jurisdiction to Enforce Terms of Settlement (Doc. 84), filed May 13, 2016, the Motion is GRANTED and this case is dismissed with prejudice, except that the Court will retain jurisdiction to enforce the parties’ settlement agreement (Exhibit A to Doc. 84). The Clerk shall close the file, which will be subject to reopening upon motion by either side to enforce the parties’ settlement agreement. The Court appreciates the mediation services of the Honorable Harvey E. Schlesinger, and the good faith efforts of the parties, in reaching this agreement.

Case 3:13-cv-00161-TJC-MCR Document 85 Filed 05/16/16 Page 2 of 2 PageID 933 DONE AND ORDERED at Jacksonville, Florida this 16th day of May, 2016.
s. Copies: Honorable Harvey E. Schlesinger United States District Judge counsel of record
2

 
 Case 3:13-cv-00161-TJC-MCR Document 16 Filed 06/04/13 Page 1 of 21 PageID 129

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

THE NATIONAL ASSOCIATION FOR THE )

ADVANCEMENT OF COLORED PEOPLE,

)

JACKSONVILLE BRANCH,

)

)

JACKSONVILLE BROTHERHOOD OF

)

FIREFIGHTERS, A CHAPTER OF THE

)

INTERNATIONAL ASSOCIATION OF

)

AFRICAN-AMERICAN PROFESSIONAL

)

FIRE FIGHTERS,

)

)

ON BEHALF OF THEMSELVES AND THE )

CLASS THEY REPRESENT,

)

)

Plaintiffs,

)

)

v.

)

)

CONSOLIDATED CITY OF JACKSONVILLE, )

)

Defendant.

)

_______________________________________ )

CASE NO.: 3:13-cv-161-J-32MCR

PLAINTIFFS’ AMENDED MOTION FOR TEMPORARY RESTRAINING ORDER

Plaintiffs the National Association for the Advancement of Colored People, Jacksonville

Branch (“NAACP”) and the Jacksonville Brotherhood of Firefighters, a Chapter of the

International Association of African-American Professional Fire Fighters (“JBOF”), individually

and on behalf of all others similarly situated, respectfully submit this amended motion for

temporary restraining order, prohibiting the Jacksonville Fire and Rescue Department (“JFRD”)

from hiring new classes of firefighters after May 2013, unless and until such new classes reflect

the percentage of Black representation in the City’s population. This motion is made pursuant to

Rule 65 of the Federal Rules of Civil Procedure and Local Rules 3.01, 4.05 and 4.06.

Case 3:13-cv-00161-TJC-MCR Document 16 Filed 06/04/13 Page 2 of 21 PageID 130

PRELIMINARY STATEMENT This is an action against the Consolidated City of Jacksonville (“Defendant” or “the city”) under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. for the Defendant’s unlawful racial discrimination in hiring and other practices in the JFRD.1 The JFRD has been subject to a consent decree concerning its racially discriminatory hiring practices since 1971. In spite of the decree, Defendant has exhibited years of intransigence continuing to the present in failing to eliminate barriers to employment that have a disparate impact on Blacks interested in firefighting careers. On May 24, 2012, Defendant hired its first class of firefighters, since March 2010. Declaration of James Edwards (“Edwards Decl.”) ¶ 16. This class of 24 firefighters includes only four Blacks (i.e., less than 17% of the class) and will worsen the racial makeup of JFRD’s firefighter ranks. See id. In addition, Defendant plans on hiring August and November classes, each of approximately 24- 30 firefighters, again using the same hiring policies challenged in this lawsuit. Edwards Decl. ¶ 15. Plaintiffs therefore request a Temporary Restraining Order restraining Defendant from using its discriminatory policy to hire the August and November firefighter classes or any further classes of firefighters that do not reflect the 31% Black representation in the city’s population. Additionally, Plaintiffs request that Defendant be required to increase Black representation in the next two hiring classes to reflect the shortfall of Blacks in the May 2013 hiring class. This Court should grant Plaintiffs’ motion because Plaintiffs are able to establish that they are likely to succeed on the merits of their claim, that they will be irreparably harmed if their motion is not granted, that the balance of hardships weighs in their favor, and that the

1

Although Plaintiffs’ Complaint alleges that Defendant’s hiring, assignments, and hostile

work environment violate Title VII, this motion only addresses Plaintiffs’ hiring claims as

Plaintiffs seek a TRO enjoining the further hiring of firefighters by Defendant under its

discriminatory policy.

2

Case 3:13-cv-00161-TJC-MCR Document 16 Filed 06/04/13 Page 3 of 21 PageID 131
public interest favors a TRO. Plaintiffs are likely to succeed on the merits of their claim because Defendant’s hiring process has a disproportionate impact on Black prospective firefighters. First, the process acts to screen out would-be Black firefighters before they can even apply for firefighter positions by requiring cost-prohibitive certifications without any guarantee of eventual hire. Once achieving certification, the hiring process includes other barriers with a discriminatory impact on Blacks, including the overuse of criminal background information beyond what is required by the State of Florida, the use of a Body Mass Inventory (“BMI”) as part of the physical examination, significant subjectivity and discretion in determining which qualified applicants are placed in band one, and unlimited discretion by the JFRD Director in choosing qualified candidates for hire. See Edwards Decl. ¶¶ 5-9; Exhibits 1-2. This subjectivity allows bias to creep into the selection process. Finally, Plaintiffs are able to identify less discriminatory, viable alternatives. For instance, JFRD could institute a program that hires uncertified applicants to work as lesser paid firefighters while paying tuition for them to obtain the required certification, or JFRD could institute a scholarship program funding low income applicants to obtain certification. Once certified, JFRD could align its requirements under the criminal background screen to those required by Florida Statute, cease using the BMI as a disqualifying factor while instituting a physical fitness program, and provide safeguards for subjective decision-making.
Plaintiffs also can demonstrate that equity favors their motion. Plaintiffs will be immediately and irreparably harmed if this Court does not grant their motion because Defendant seeks to fill limited firefighter positions under its discriminatory policy. Even if a representative percentage of Black firefighters are eventually hired, they will have lesser seniority which will slow their eligibility for promotion and effect many aspects of decision-making as to
3

Case 3:13-cv-00161-TJC-MCR Document 16 Filed 06/04/13 Page 4 of 21 PageID 132
assignments, vacations, etc. This action deprives Plaintiffs of their federal civil rights as guaranteed by Title VII. This hardship outweighs any harm to the Defendant as Plaintiffs are only requesting that the status quo be maintained during the course of this litigation. The public interest also favors this Court granting Plaintiff’s motion because the public has an interest in preventing racial discrimination. This interest is especially acute when it involves a public body, such as the JFRD, that should be held in high esteem. Thus, this Court should grant Plaintiff’s motion for a TRO.
FACTUAL BACKGROUND I. DEFENDANT’S HISTORY OF RACIAL DISCRIMINATION
The JFRD has a long history of racial discrimination and intransigence in combatting this discrimination. In 1971, the JFRD became subject to a consent decree pursuant to a class action law suit, Coffey v. Brady, 3:71-cv-44-J (M.D. Fla.), filed by private plaintiffs against the department. The class action focused on discrimination in hiring of entry level firefighters. As a result of the JFRD’s violations of the consent decree through its failure to hire sufficient Black firefighters over the next 10 years, the decree was amended in 1982. The amended decree requires that the city adopt 1:1 hiring until the percentage of Black firefighters equals the percentage of Blacks in the local population, at that time 27%. The department adhered to the consent decree until 1992, when the City unilaterally abandoned the decree. The City never moved to be released from the decree nor did it provide notice to the parties or the judge that it was abandoning the decree. Attorneys representing the Coffey class filed a motion to show cause why the city should not be held in contempt for failing to adhere to the consent decree. Litigation concerning this motion is on-going. The bulk of the hiring of Black firefighters under this decree was from 1987-1992. In 1993, the percentage of Black firefighters was at its peak at 25.1%.
4

Case 3:13-cv-00161-TJC-MCR Document 16 Filed 06/04/13 Page 5 of 21 PageID 133

Since the City abandoned the decree in 1992, the percentage of Black firefighters has dropped significantly to approximately 21%, despite the fact that the City’s Black population has increased to 31%. Edwards Decl. ¶ 12.
Additionally, many of the firefighters hired when the city was enforcing the consent decree are nearing retirement age. The fire department operates a Deferred Retirement Option Plan. Once a firefighter elects the plan s/he must retire within 5 years of adoption of the program. Between May 1, 2013 and December 31, 2013, 29 Black firefighters will be retiring. Edwards Decl. ¶ 14; Ex. 3 at 6.2 Based on current hiring trends, the percentage of Black firefighters will continue to decline. Edwards Decl. ¶¶ 13-15.
Following the city’s abandonment of the consent decree, racial discrimination in JFRD has continued unabated. On February 17, 2006, two African-American firefighters employed by the JFRD opened their lockers to find nooses hanging inside. This act of severe racial intimidation precipitated an investigation by the Jacksonville Human Rights Commission into the broad discriminatory practices and racially hostile work environment at the JFRD. The Commission issued a report in August 2006 finding a widespread pattern and practice of discrimination against Blacks in the JFRD. Following the issuance of the Human Rights Commission Report (“HRCR”) and after two years without meaningful corrective action by the JFRD, the NAACP and JBOF filed charges with the EEOC on July 30, 2008, alleging discrimination in hiring, promotion, and terms and conditions of employment by the JFRD. On June 5, 2009, the EEOC issued a Letter of Determination finding that the JFRD engaged in the

2

Exhibit 3 of Captain Edwards’ Declaration contains excerpts from an analysis prepared in

December 2010 by former JFRD Director Charles Moreland, concerning the impact on the

demographics of the department under its present hiring trends. The entirety of that analysis was

presented to the Court during the May 6-7, 2013 hearing in the Coffey v. Brady, 3:71-cv-44-J

(M.D. Fla.) case and was introduced as Exhibit 58.

5

Case 3:13-cv-00161-TJC-MCR Document 16 Filed 06/04/13 Page 6 of 21 PageID 134
alleged discrimination and ordered the charge to the conciliation stage. On July 3, 2009, attorneys in the Coffey litigation filed an emergency motion against the City asking the Court to stay all hiring and promotion procedures within the JFRD. The Court denied the motion, but ordered the parties to enter into mediation before Senior United States District Judge Harvey E. Schlesinger. The NAACP, JBOF, and the EEOC agreed to stay the EEOC conciliation process in order to participate in the mediation. The Department of Justice, Civil Rights Division (“DOJ”) also participated in the mediation sessions.
The mediation efforts continued for more than three years and the claims of discrimination were not resolved. As a result of the failure to reach agreement on the promotion claims, the DOJ filed suit against the City on April 23, 2012, alleging a pattern or practice of race discrimination in promotions in violation of Title VII of the Civil Rights Act of 1964. U.S. v. Consolidated City of Jacksonville, 3:12-cv-451 (M.D. Fla.). The NAACP and the JBOF filed a motion to intervene in that action, which was granted on March 30, 2013. Additionally, on March 30, 2013, a private lawsuit, Smith et al. v. Consolidated City of Jacksonville, 3:11-cv-345 (M.D. Fla.), also challenging the defendant’s promotion practices, was partially consolidated with the DOJ lawsuit.
As a result of failure to reach agreement on the hiring claims that remained unresolved from the parties’ mediation, the present action was instituted by Plaintiffs. II. DEFENDANT’S DISCRIMINATORY HIRING PROCESS
A. Certification In order to apply for a firefighter position, JFRD requires that all applicants must have completed courses necessary to obtain certification. Applicants must take and pass the State Firefighter Certification and the Florida EMT Basic certification. Edwards Decl. ¶ 5. The Florida
6

Case 3:13-cv-00161-TJC-MCR Document 16 Filed 06/04/13 Page 7 of 21 PageID 135
State College at Jacksonville (“FSCJ”) which offers the required courses for certification and where the JFRD draws the majority of its applicants, is geographically removed from the historically Black communities of Jacksonville. Edwards Decl. ¶ 6. The certification process requires that an individual invest four to nine months, with a cost of $3,300 to $6,000, on the required courses. Edwards Decl. ¶ 6. Moreover, the structure of the required coursework is such that potential applicants are not eligible for federal student loans. Edwards Decl. ¶ 6. These requirements disproportionately screen out minority candidates because 31.1% of Blacks in Jacksonville live below the poverty line, compared to 18.3% of the general population of Jacksonville. U.S. Census Bureau, 2011 American Community Survey. Blacks are unwilling to expend the high costs for these courses only to apply for a job they believe they have little chance of receiving in light of JFRD’s long history of racial discrimination.
The Defendant through the JFRD also requires qualified candidates to pass a battery of tests and screenings, including a driver’s license screening, a criminal background check, a physical ability test, and a verbal interview. Edwards Decl. ¶¶ 5, 7. On information and belief, it is likely that the criminal background check, physical fitness test, and verbal interview all have a disparate impact on Black candidates. Candidates are evaluated on a point system where they are rated not eligible or 1 through 3 on each of the tests and screening devises. JFRD’s Personnel Director uses a matrix to assign points. Based on these scores, qualified candidates are placed in either band one, band two, or are disqualified. An applicant must achieve 9 out of 12 possible points in order to be placed in Band One. Edwards Decl. ¶¶ 7, 8. Only those applicants placed in band one are hired although candidates in band two are also eligible for hire having passed all of the screening tests. Edwards Decl. ¶ 8. Finally, Defendant, through the JFRD, grants the JFRD Director unlimited discretion in the selection of qualified candidates from Band One. Anecdotal
7

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evidence suggests that family and friends of mostly white incumbent and retired police officers or firefighters, especially those with ties to the Union, are given favorable consideration in the selection process.
B. Criminal Background Screening The criminal background criteria used by JFRD have a disparate impact on Black applicants. Racial disproportionalities exist throughout the U.S. criminal justice process, from arrest to conviction and incarceration. For instance, in 2011, the FBI’s Uniform Crime Reporting Program indicated that the black arrest rate for all crimes is 2.8 times higher than the white arrest rate.3 The prosecution rate for felonies is 4 times higher than white prosecution rate for felonies and the felony conviction rate for Blacks is 3.4 times higher than the white felony conviction rate.4 In 2009, the Black incarceration rate was 6 times higher than the white incarceration rate.5 Florida State law prohibits the hiring of persons convicted of misdemeanors for positions as firefighters only if the misdemeanor is directly related to the position sought and only for a period of 4 years after expiration of the sentence. Fla. Stat. §§ 633.34 and 112.011 (2)(b). The JFRD applies the misdemeanor prohibition to all misdemeanors, not just those directly related to the position sought. Edwards Decl. ¶ 7, 9. Similarly, JFRD does not limit its “look back” period to that of 2 years. Edwards Decl. ¶ 7; Ex. 2. Additionally, under the criminal history matrix any applicant who has a misdemeanor or felony conviction of any kind can receive no more than 1 or 2 points from a possible three

3

FBI, Uniform Crime Reports, Crime in the U.S., 2011, Table 43. Available at

http://www.fbi.gov/about-u.s./cjis/ucr/crime-in-the-u.s.-2011/persons-arrested/persons-arrested.

4

BJS, Felony Defendants in Large Urban Counties, 2006, Appendices Tables 2 and 18,

available at http://bjs.gov/index.cfm?ty=pbdetail&iid=2193; BJS, Felony Sentences in State

Courts, 2006, Tables 1.1 and 3.2, available at http://bjs.gov/index.cfm?ty=pbdetail&iid+4559.

5

BJS, Prison Inmates at Midyear 2009, Table 16. Available at

ttp://bjs.gov/index.cfm?ty=pbdetail&iid=2200.

8

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points. It is not clear whether an applicant can receive the maximum 3 points if he or she has a record of one or more arrests not leading to a conviction. Edwards Decl. ¶ 7, Ex. 2. Prior to 2010-2011 JFRD had a policy of not hiring any applicant with a criminal record, including an arrest that did not lead to conviction.
C. Physical Examination and Body Mass Index Once an applicant is selected from Band One for hire, the applicant must submit to a physical exam that includes an analysis of the applicant’s Body Mass Index (“BMI”). In approximately 2000, JFRD added a BMI index to its physical exam. Edwards Decl. ¶ 9. By information and belief, the BMI index was not initially used as a complete bar to hiring. At some point thereafter, JFRD began using the BMI index to disqualify some applicants from eligibility as firefighter applicants. See id. The present list of 109 Band One applicants contains three Black and one White applicant who failed the BMI and were deemed medically disqualified. Edwards Decl. ¶ 17, Ex. 4. Neither the State of Florida nor the National Fire Prevention Association Standards (“NFPA Standards”) require the use of BMI levels as part of the physical agility test. See Fla. Stat. §§ 633.34 and 112.011 (2)(b). D. JFRD Hiring Data A summary of hiring data provided by the JFRD in 2007 shows that from July 2000 to July 2006, the JFRD hired 435 Caucasian applicants compared to only 64 Black applicants. Edwards Decl. ¶ 11. Only 15% of those hired by JFRD over the course of six years were Black. When these numbers are broken down by hiring class, the disparity is even more apparent: on April 24, 2006, only two members of a new class of 25 firefighters were Black; on May 2, 2005, only one member of a new class of 23 firefighters was Black; and on August 23, 2004, no
9

Case 3:13-cv-00161-TJC-MCR Document 16 Filed 06/04/13 Page 10 of 21 PageID 138
members of a new class of 20 firefighters were Black (or any other minority). Edwards Decl. ¶ 11.
From 2006 until 2011, JFRD has hired 247 firefighters. As of February 28, 2011, there were 1,207 service employees within the JFRD of whom 75% were Caucasian, 21% were Black, and 4% were classified as other minority. Edwards Decl. ¶ 12; Ex. 3.
Since 2010, JFRD has taken steps towards further reducing the number of Black applicants. For example, in the City’s 2010-2011 budget, JFRD recommended that its Cadet Program be eliminated, thereby saving the City approximately $340,000. Edwards Decl. ¶ 20; Ex. 5. The Cadet Program was a program through which individuals were hired and worked for the JFRD while they attended courses at FSCJ to obtain the requisite certification. Id. Upon successful completion of the FSCJ program, those cadets were automatically hired as firefighters with JFRD. Approximately 70% of the cadets in the program were Black. The program was terminated in 2010. Edwards Decl. ¶ 20. The City also eliminated the Recruitment Officer position in its 2010-11 budget cuts. The primary purpose of the position was to recruit minorities. Since then, there has not been a recruitment officer dedicated to the hiring or retention of Black firefighters. Edwards Decl. ¶ 21.
The discriminatory hiring practices of Defendant Jacksonville, through the JFRD, have caused a significant decrease in the number of Black firefighters serving the City. Currently, only 21% of firefighters are Black, and given that a large number of Black firefighters hired under the consent decree are approaching retirement, the situation will become significantly worse in the next several years if the department’s present practices are allowed to continue.
ARGUMENT I. LEGAL STANDARD FOR TEMPORARY RESTRAINING ORDER
10

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A temporary restraining order (“TRO”) “serve[s] to maintain the status quo until a final decision on a matter can be reached.” U.S. v. DBB, Inc., 180 F.3d 1277 (11th Cir. 1999). A party seeking a TRO must establish: 1) a likelihood of success on the merits; 2) the TRO is necessary to prevent irreparable injury; 3) the potential injury outweighs the harm a TRO may cause the non-moving party; and 4) the TRO serves the public interest. Ingram v. Ault, 50 F.3d 898, 900 (11th Cir. 1995). Here, Plaintiffs are able to establish each factor such that this Court should grant a TRO barring Defendant from hiring firefighter classes after May 2013 that lack adequate Black representation. II. PLAINTIFFS ARE LIKELY TO SUCCEED ON THE MERITS OF THEIR
CLAIM Congress’s objective in enacting Title VII of the Civil Rights Act was to “achieve equality of employment opportunities” by requiring “removal of artificial, arbitrary, and unnecessary barriers to employment” that “operate as ‘built-in headwinds for minority groups.’” Griggs v. Duke Power Co., 401 U.S. 424, 431-32 (1971); Griffin v. Carlin, 755 F.2d 1516, 1524 (11th Cir. 1985). Title VII prohibits employment discrimination based on race, color, sex, or national origin. 42 U.S.C. § 2000e (2010). Title VII expressly allows for a disparate impact model of discrimination, as first articulated by the Supreme Court in Griggs v. Duke Power Co. See 42 U.S.C. § 2000e-2(k). Under this analysis, discrimination occurs when an employer “uses a particular employment practice that causes a disparate impact on the basis of race . . . and fails to demonstrate that the challenged practice is job-related for the position in question and consistent with business necessity.” Id. at §2000e-2(k)(1)(A)(I). If the employer is able to establish job relatedness and business necessity, then the plaintiff may still succeed in establishing a Title VII violation by demonstrating that less discriminatory alternatives were available to the employer. Albemarle Paper Co. v. Moody, 422 U.S. 405, 425 (1975).
11

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In the present case, Defendant adheres to a hiring policy that requires applicants to be certified before becoming eligible to apply for a firefighter position. Once certified, the department requires the passage of a battery of tests and screenings including a criminal background check, a Body Mass Index test, and an oral interview. These tests and screenings are scored and only those with high enough scores are placed in Band One. Only those persons in Band One are considered for hire even though persons in Band Two are also deemed eligible for hire. Lastly, the Director of JFRD has unlimited discretion in the final selection of qualified candidates. Defendant is unable to show that its discriminatory hiring policy is consistent with business necessity; even if it was able to make the requisite showing, less discriminatory alternatives exist. Accordingly, Plaintiffs are likely to succeed on the merits of their claim.
A. Defendant’s Hiring Policy Disproportionately Screens out Black Prospective Firefighters.
In order to establish a prima facie case of disparate impact race discrimination under Title VII a plaintiff must identify a facially neutral employment practice that causes a discriminatory impact, as shown through statistical evidence, on the basis of race. EEOC v. Joe’s Stone Crab, Inc., 220 F.3d 1263, 1274-75 (11th Cir. 2000). Although the statistical analysis may focus on a comparison of the percentage of the protected group that applied versus the percentage of the group actually hired, such a standard is inappropriate when the challenged employment practice acts as a barrier to application in the first place. For instance, in Griggs, the Defendants required a high school diploma in order to be considered for any department except one. Griggs, 401 U.S. at 427. The Supreme Court, in determining that this employment practice created a disparate impact on African Americans considered the census data for the employer’s state. See id. at 430 n.6.
12

Case 3:13-cv-00161-TJC-MCR Document 16 Filed 06/04/13 Page 13 of 21 PageID 141

Here, Defendant’s hiring process has resulted in a disproportionately low number of

Black firefighters as compared to the number of Blacks in Jacksonville, which was approximately 30.7% in 2010.6 Further, if Defendant is allowed to continue hiring under its

current policy, the rate of disproportionality will only worsen, thus necessitating the need for a

TRO. See Edwards Decl. ¶ 14. Currently, Defendant employs approximately 1207 uniformed

firefighters. As of February 2011, only 21% of these firefighters were Black. Considering that a

large number of Black firefighters hired under the consent decree will be retiring soon, these

numbers will significantly decline in the next several years. Defendant’s history of

discriminatory hiring after abandoning the consent decree and prior to Plaintiffs’ EEOC charges

illustrates the disproportionate effect of its hiring policy. In 2006, only two members of a new

class of twenty-five firefighters were Black. In 2005, only one member of a new class of twenty-

three firefighters was Black, and in 2004, no members of a class of twenty firefighters were

Black. Cumulatively, from 2000 to 2006, Defendant hired 435 Caucasian applicants and only 64

Black applicants.

The reason for the disproportionality in Defendant’s firefighter ranks can be traced to

barriers created by its hiring policy. Because of the amount of subjectivity in Defendant’s

decision-making pertaining to hiring (as illustrated by the unlimited discretion given to the

Director and his staff in the selection of qualified candidates), it is impossible to separate out

each element that leads to disproportionality in Defendant’s hiring. See 42 U.S.C. § 2000e-

2(k)(B)(i). Yet, it is possible to point to some screening devices as contributing to the

disproportionality. Jacksonville’s own Human Rights Commission found in its 2006 Report to

the Mayor that the requirement that applicants obtain certifications prior to application, and

without any guarantee of eventual hire, created a significant barrier to Black applicants for a

6

U.S. Census Bureau, http://quickfacts.census.gov/qfd/states/12/1235000.html (last visited May 9, 2013).

13

Case 3:13-cv-00161-TJC-MCR Document 16 Filed 06/04/13 Page 14 of 21 PageID 142
number of reasons. First, the fire certification programs are structured in a way that prevents federal loans for students, which disproportionately screens out Black applicants because 31.1% of Blacks in Jacksonville live below the poverty line, compared to 18.3% of the general population. The courses cost $3,300 - $6,000 and take up to nine months to complete. Second, the Florida State College at Jacksonville (“FSCJ”), where the courses are offered, is the primary source of applicants to the JFRD. The FSJC’s location is a deterrent since it is a significant distance from the historically African-American communities in Jacksonville.
As noted above, Defendant’s hiring process also contains a significant degree of discretion and subjectivity, which is something the Eleventh Circuit and Supreme Court have been critical of in hiring decisions because of its potential for bias. See Albemarle Paper Co., 422 U.S. at 433; Griffin v. Carlin, 755 F.2d 1516, 1523 (11th Cir. 1985). As the Eleventh Circuit has explained, even if it was not bound by former Fifth Circuit precedent that provided for “disparate impact challenges to the end result of multi-component selection procedures and to subjective selection procedures,” it would still hold that “use of the disparate impact theory to challenge the end result of multi-component selection processes and to challenge subjective elements of those processes is appropriate.” Griffin, 755 F.2d at 1523. Here, Plaintiffs are doing just that. As explained above, Plaintiffs have established that Defendant’s hiring process, with its multiple screening devices and subjectivity, disproportionality impacts Black candidates for the firefighter position.
Additionally, Defendant’s criminal background screening policies, which are much more restrictive than those required by Florida statute, have a disparate impact on Blacks. Courts have recognized that the use of overbroad criminal background screens have a disparate impact on
14

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Blacks that may violate Title VII. See El v. Southeastern Pa. Transp. Auth., 479 F.3d 232 (3d Cir. 2007); Green v. Mo. Pacific R.R, 523 F.2d 1290, 1293 (8th Cir. 1975).
B. Defendant is Unable to Demonstrate that its Hiring Process is Job-Related and Consistent with Business Necessity.
Once the plaintiff has presented a prima facie case that an employment practice has an adverse impact on a protected group, the burden of persuasion lies with the defendant to demonstrate that the policy is justified by business necessity. Griggs, 401 U.S. at 431. To prove that a selection device is job-related and consistent with business necessity, the Defendant must show that the selection device is valid. The Equal Employment Opportunity Commission’s Uniform Guidelines on Employee Selection Procedures provide a framework for determining the proper use of selection procedures. 29 C.F.R. § 1607.1(B). See Albemarle, 422 U.S. at 431 (stating that EEOC guidelines are “entitled to great deference”). Under the Uniform Guidelines, employers may conduct validation studies to demonstrate that the selection device actually predicts successful job performance. In addition, the Eleventh Circuit has described the Defendant’s burden as establishing that “there exists an overriding legitimate business purpose such that the practice is necessary to the safe and efficient operation of the business” and is “sufficiently compelling to override any racial impact.” Hamer v. Atlanta, 72 F.2d 1521, 1533 (11th Cir. 1989) (quoting Pettway v. American Cast Iron Pipe Company, 494 F.2d 211, 245 (5th Cir. 1974)).
Here, there is little evidence that Defendant ever sought to have any aspect of its hiring policy validated. Further, Defendant’s policy raises concerns as expressed by the Supreme Court and Eleventh Circuit with the difficulty in determining whether an employment practice is necessary when there is a significant amount of discretion and subjectivity inherent in the policy.
15

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In Albemarle, the Supreme Court had to consider whether a vague and subjective employment practice was job related. 422 U.S. at 433. The Court held that the Defendant had not met its burden, stating, “[t]here is, in short, simply no way to determine whether the criteria actually considered were sufficiently related to the Company’s legitimate interest in job-specific ability to justify a testing system with a racially discriminatory impact.” Id. The same holds true for the present case. Defendant vests unlimited discretion in the Director and his staff for making the final determination of who is and is not qualified. Additionally, Defendant’s overbroad criminal background screening is not sufficiently job-related or consistent with business necessity because the screening goes beyond what the State of Florida requires. Likewise, the use of the BMI to disqualify applicants cannot be justified because it is not required by state standards or NFPA Standards. Similarly, neither the Jacksonville Sheriff’s Office nor the Jacksonville Corrections Officers use a BMI as selection criteria. Finally, in regards to Defendant’s certification requirements, the existence of alternatives historically used by Defendant itself (i.e., the Cadet Program) and other fire departments raises serious questions about the necessity of requiring certification as a minimal requirement before even being able to apply to the JFRD.
C. Plaintiff is Able to Show the Availability of Less Discriminatory Alternatives Such as a Cadet or Scholarship Program.
If the defendant proves that the employment practice is valid, the burden shifts back to the plaintiff to show that the defendant could accomplish the same result using less discriminatory processes. Albemarle, 422 U.S. at 432; Joe’s Stone Crab, 220 F.3d at 1275. Assuming arguendo that Defendant is able to establish a business necessity for its hiring policy, Plaintiffs will be able to establish that the Defendant has alternatives to the policy.
Concerning the certification requirement, one such alternative is to reinstitute the previously existing cadet program that allowed candidates to work while completing the
16

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certification process at JFRD’s expense. This program included a significant percentage of Blacks. Another possible alternative is to institute a scholarship program, that would provide a scholarship for eligible, low-income Jacksonville residents to attend the certification programs, as recommended by the 2006 Jacksonville Human Rights Commission’s Report to the Mayor.
Concerning other parts of its hiring process, Defendant could adopt a criminal background screen consistent with Florida statute and eliminate the use of the BMI index as a disqualifier for employment.
Thus, because Plaintiffs are able to establish less discriminatory and viable alternatives, as well as a prima facie case of discrimination, this Court should find that Plaintiffs are likely to succeed on the merits of their claim. III. ABSENT A TRO, PLAINTIFFS WILL BE IRREPARABLY HARMED BY
DEFENDANTS’ RACIALLY DISCRIMINATORY HIRING POLICY A plaintiff seeking a TRO is required to demonstrate that irreparable injury is likely in the absence of a TRO. Ingram, 50 F.3d at 900. Plaintiffs are able to demonstrate a likelihood of harm that is immediate and non-speculative if this Court does not issue a TRO. This past month, the Defendant hired its first class of firefighters since March 2010. The class included 24 new firefighters, only four of whom are Black. Within the next four months, Defendants plan to hire two more firefighter classes under its discriminatory hiring policy. Under these hiring trends, these two additional classes will only perpetuate the disproportionate racial make-up of the JFRD and decrease the already limited positions for Black applicants who could be qualified for the positions but for the discriminatory hiring policy. In a similar case that involved a Title VII disparate impact suit brought by a class of Black firefighters, plaintiffs moved for a temporary injunction prohibiting New York City’s use of an alleged discriminatory selection practice. Prior to hearing on the plaintiff’s motion, the
17

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City of New York notified the District Court for the Eastern District of New York and plaintiffs that it planned to hire 300 new firefighters using the challenged selection practice. U.S. v. New York, 731 F. Supp. 2d 291, 296 (E.D.N.Y. 2010). The district court accelerated its hearing schedule and ultimately enjoined the defendants from any further hiring or continuing to use its discriminatory selection practice until it could determine a proper remedy. Id. at 315. This Court should similarly restrain Defendant from any further hiring under its discriminatory policy during the course of this litigation. IV. THE BALANCE OF HARDSHIPS WEIGHS IN PLAINTIFFS’ FAVOR
Plaintiffs’ benefits from this Court issuing a TRO will outweigh any harm to the Defendant. First, Plaintiffs face substantial harm in the absence of a TRO. The disproportionate make-up of Defendant’s firefighter ranks has a long history as evidenced by the ongoing litigation challenging its discriminatory hiring, promotion, disciplinary, and retaliatory actions. Yet, while this litigation is ongoing, Defendant seeks to perpetuate the disproportionate make-up of its ranks by hiring three classes of firefighters severely lacking in Black candidates and not representative of the Black population of this community. These actions deprive Plaintiffs of their rights under the Title VII to be afforded equal employment opportunities. Accordingly, the potential harm to Defendant is merely speculative, whereas the harm to Plaintiffs is immediate, irreparable, and in violation of Title VII. Enjoining Defendant’s from hiring under its discriminatory policy will benefit the Plaintiffs far more than it will hurt the Defendant.
V. PUBLIC INTEREST FAVORS A TRO Granting a TRO to Plaintiffs serves the public’s interest in preventing employment
discrimination. See EEOC v. Waffle House, Inc., 534 U.S. 279, 296 (2002). There is a strong public interest in preventing discrimination on the basis of race, an interest inherent in Title VII’s
18

Case 3:13-cv-00161-TJC-MCR Document 16 Filed 06/04/13 Page 19 of 21 PageID 147

purpose of ensuring that unlawful employment practices do not occur. The Supreme Court has recognized that private civil rights suits can ensure broad compliance with the law. See Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 401-02 (1968) (explaining, in the Title VII context, that when a plaintiff “obtains an injunction, he does so not for himself alone but also as a ‘private attorney general,’ vindicating a policy that Congress considered of the highest priority.”) As the District Court for the Eastern District of New York explained, this public interest is especially strong when it involves the prominence of a fire department and the esteem in which it should be held. U.S. v. New York, 2010 WL 4137536, No. 07-cv-2067, *9 (E.D.N.Y. Oct. 19, 2010). Accordingly, the public interest favors granting a preliminary injunction.
CONCLUSION For the foregoing reasons, Plaintiffs respectfully request that this Court grant their motion for a temporary restraining order preventing Defendant from using its discriminatory policy to hire August and November 2013 firefighter classes, or any further classes of firefighters that do not reflect the 31% Black representation in the city’s population. Additionally, Plaintiffs request that Defendant be required to increase Black representation in the next two hiring classes to reflect the shortfall of Blacks in the May hiring class.

Dated: June 4, 2013

Respectfully submitted,
The Law Office of Kirsten Doolittle, P.A.
s/Kirsten Doolittle___________________ KIRSTEN DOOLITTLE The Elks Building 207 North Laura Street, Suite 240 Jacksonville, FL 32202 Telephone: (904) 551-7775 Facsimile: (813) 274-6200
19

Case 3:13-cv-00161-TJC-MCR Document 16 Filed 06/04/13 Page 20 of 21 PageID 148
Email: kd@kdlawoffice.com Lawyers’ Committee for Civil Rights Under Law s/Jane Dolkart___________________ JANE DOLKART 1401 New York Avenue, NW Suite 400 Washington, D.C. 20005 Telephone: (202) 662-8391 Facsimile: (202) 783-0857 Email: jdolkart@lawyerscommittee.org Admitted Pro Hac Vice RAY MCCLAIN 1401 New York Avenue, NW Suite 400 Washington, D.C. 20005 Telephone: (202) 662-8342 Facsimile: (202) 783-0857 Email: rmcclain@lawyerscommittee.org Admitted Pro Hac Vice Counsel for Plaintiffs CERTIFICATE OF SERVICE I HEREBY CERTIFY that on June 4, 2013, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to the following: Cindy A. Laquidara, General Counsel, Adina Teodorescu, and Carol Mirando, Office of General Counsel, 117 West Duval Street, Suite 480, Jacksonville, FL 32202.
s/Kirsten Doolittle Kirsten Doolittle
20

Case 3:13-cv-00161-TJC-MCR Document 16 Filed 06/04/13 Page 21 of 21 PageID 149 21

 
 Case 3:13-cv-00161-TJC-MCR Document 48 Filed 10/24/13 Page 1 of 2 PageID 718

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JACKSONVILLE BRANCH, et al.,
Plaintiffs, vs.
CONSOLIDATED CITY OF JACKSONVILLE,
Defendant.

Case No. 3:13-cv-161-J-32MCR

ORDER As announced from the bench at the October 17, 2013 hearing, the record of which is incorporated by reference, it is hereby ORDERED: 1. Plaintiffs’ Amended Motion for Preliminary Injunction (Doc. 16) is denied.1 Thus, there is no impediment to the City making offers of employment to new firefighters to fill a November 2013 class, as described on the record at the October 17, 2013 hearing. 2. The City is directed to provide the Court with 30 days notice before extending conditional offers of employment to firefighters to fill any future vacancies. The notice should include information about the size and anticipated racial composition of the class. 3. No later than November 15, 2013, the City should either file past copies of the Mayor’s reports required by City Council Resolution 1999-502-A or state that there are no such reports. No later than January 31, 2014, the City should file a copy of the Mayor’s
1The Court considered the parties’ supplemental papers; thus, Docs. 39 & 43 are granted.

Case 3:13-cv-00161-TJC-MCR Document 48 Filed 10/24/13 Page 2 of 2 PageID 719
report to the City Council for the calendar year 2013. 4. No later than December 16, 2013, the parties shall resume their mediation
efforts with mediator Alexandra K. Hedrick. The mediator is requested to advise the Court when the mediation is scheduled.
5. In all other respects, the parties shall continue to be governed by the August 8, 2013 Case Management and Scheduling Order (Doc. 33).
DONE AND ORDERED at Jacksonville, Florida this 24th day of October, 2013.
s. Copies: counsel of record
2

 
 Case: 3:13-cv-161 As of: 02/27/2017 09:49 AM EST 1 of 10
CLOSED, TRLSET
U.S. District Court Middle District of Florida (Jacksonville) CIVIL DOCKET FOR CASE #: 3:13−cv−00161−TJC−MCR

The National Association for the Advancement of Colored People Jacksonville Branch et al v. Consolidated City of Jacksonville Assigned to: Judge Timothy J. Corrigan Referred to: Magistrate Judge Monte C. Richardson Cause: 42:2000 Job Discrimination (Race)
Plaintiff

Date Filed: 02/14/2013 Date Terminated: 08/20/2014 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

The National Association for the Advancement of Colored People Jacksonville Branch

represented by Benjamin J. Blustein Miner, Barnhill &Galland, P.C. 325 N. LaSalle St., Suite 350 Chicago, IL 60654 312−751−1170 Fax: 312−751−0438 Email: bblustein@lawmbg.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jane L. Dolkart Lawyers' Committee for Civil Rights Under Law Suite 400 1401 New York Ave NW Washington, DC 20005 214−562−5593 Fax: 202−783−0857 Email: jdolkart@lawyerscommittee.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Kirsten L. Doolittle Law Office of Kirsten Doolittle, PA Suite 240 207 N Laura St Jacksonville, FL 32202 904−551−7775 Fax: 904/513−9254 Email: kd@kdlawoffice.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ray McClain Lawyers' Committee for Civil Rights Under Law Suite 400 1401 New York Ave NW Washington, DC 20005 202/662−8342 Fax: 202/783−0857 Email: rmcclain@lawyerscommittee.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Robert S. Libman Miner, Barnhill &Galland, P.C.

Case: 3:13-cv-161 As of: 02/27/2017 09:49 AM EST 2 of 10

325 N. LaSalle St., Suite 350 Chicago, IL 60654 312−751−1170 Fax: 312−751−0438 Email: rlibman@lawmbg.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff
Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters on behalf of themselves and the class they represent

represented by Benjamin J. Blustein (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jane L. Dolkart (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Kirsten L. Doolittle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ray McClain (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Robert S. Libman (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

V. Defendant Consolidated City of Jacksonville

represented by Carol Mirando City of Jacksonville Office of General Counsel St James Bldg − Suite 480 117 W Duval St Jacksonville, FL 32202 Email: lcenac@coj.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cindy A. Laquidara Akerman LLP Suite 3100 50 N. Laura Street Jacksonville, FL 32202−3659 904−798−3700 Fax: 904−798−3730 Email: cindy.laquidara@akerman.com TERMINATED: 09/22/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:13-cv-161 As of: 02/27/2017 09:49 AM EST 3 of 10

Craig D. Feiser City of Jacksonville Office of General Counsel St James Bldg − Suite 480 117 W Duval St Jacksonville, FL 32202 904/630−1834 Fax: 904/630−1316 Email: cfeiser@coj.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
David J. D'Agata Martin County Board of County Commissioners 2401 SE Monterey Road Stuart, FL 34996 904−630−1700 Fax: 904−630−1316 Email: ddagata@martin.fl.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adina Teodorescu Office of General Counsel Suite 480 117 W Duval St Jacksonville, FL 32202 904/630−1717 Fax: 904/630−1316 Email: Teodores@coj.net ATTORNEY TO BE NOTICED

Date Filed 02/14/2013
02/19/2013
02/19/2013 02/19/2013 02/20/2013 02/21/2013 03/05/2013

# Docket Text
1 COMPLAINT against Consolidated City of Jacksonville with Jury Demand (Filing fee $ 350 receipt number JAX7790) filed by The National Association for the Advancement of Colored People Jacksonville Branch, Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters.(DTS) (Entered: 02/19/2013)
2 AMENDED ORDER requiring electronic filing of the administrative record in Social Security cases (See 6:10−mc−95−ORL−22, Doc. 1) Signed by All Jacksonville Judges on 5/25/2005. Docketed in Error See Doc. #3. (DTS) Modified on 2/19/2013 (DTS). (Entered: 02/19/2013)
3 AMENDED STANDING ORDER: Filing of documents that exceed twenty−five pages. Signed by All Jacksonville Judges on 5/25/2005. (DTS) (Entered: 02/19/2013)
4 SUMMONS issued as to Consolidated City of Jacksonville. (DTS) (Entered: 02/19/2013)
5 ORDER reassigning this case to the Honorable Timothy J. Corrigan, with his consent and to conduct all further proceedings. Signed by Judge Marcia Morales Howard on 2/19/2013. (EAM) (Entered: 02/20/2013)
6 Case Reassigned to Judge Timothy J. Corrigan. New case number: 3:13−cv−161−J−32MCR. Unassigned Judge MMH no longer assigned to the case. (DTS) (Entered: 02/21/2013)
7 NOTICE of designation under Local Rule 3.05 − Track 2. Signed by Deputy Clerk on 3/05/2013. (Attachments: # 1 Case Management Report Form, # 2 Consent Letter and Form)(EAM) (Entered: 03/05/2013)

Case: 3:13-cv-161 As of: 02/27/2017 09:49 AM EST 4 of 10

03/07/2013 03/13/2013 03/21/2013 03/22/2013
05/21/2013 06/03/2013 06/03/2013 06/04/2013
06/04/2013
06/05/2013 06/11/2013
06/11/2013 06/12/2013
06/28/2013

8 NOTICE of Appearance by Adina Teodorescu on behalf of Consolidated City of Jacksonville (Teodorescu, Adina) (Entered: 03/07/2013)
9 ANSWER and affirmative defenses to 1 Complaint by Consolidated City of Jacksonville.(Laquidara, Cindy) (Entered: 03/13/2013)
10 CERTIFICATE of interested persons and corporate disclosure statement re 7 Notice of designation of track by Consolidated City of Jacksonville. (Teodorescu, Adina) (Entered: 03/21/2013)
11 CERTIFICATE of interested persons and corporate disclosure statement by Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters, The National Association for the Advancement of Colored People Jacksonville Branch identifying Corporate Parent National Association for the Advancement of Colored Persons, Corporate Parent International Association of African−American Professional Fire Fighters for Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters, The National Association for the Advancement of Colored People Jacksonville Branch.. (Doolittle, Kirsten) (Entered: 03/22/2013)
12 CASE MANAGEMENT REPORT. (Teodorescu, Adina) (Entered: 05/21/2013)
13 MOTION for temporary restraining order by All Plaintiffs. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit)(Doolittle, Kirsten) (Entered: 06/03/2013)
14 MOTION for temporary restraining order by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit)(Doolittle, Kirsten) (Entered: 06/03/2013)
15 NOTICE by Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters, The National Association for the Advancement of Colored People Jacksonville Branch re 13 MOTION for temporary restraining order , 14 MOTION for temporary restraining order Exhibit 3 (Doolittle, Kirsten) Modified on 6/4/2013 (ASL).(Counsel notified, filed in error) (Entered: 06/04/2013)
16 Amended MOTION for temporary restraining order by All Plaintiffs. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Doolittle, Kirsten)(CONVERTED to a Motion for Preliminary Injunction as per Order 20 ) Modified on 6/12/2013 (ASL). (Entered: 06/04/2013)
17 NOTICE of telephone hearing re: 16 Amended MOTION for temporary restraining order; Telephone Conference set for 6/11/2013 at 2:30 PM in Jacksonville Courtroom 10D before Judge Timothy J. Corrigan (counsel for plaintiffs to make arrangements for the call). (SRW) (Entered: 06/05/2013)
18 ORDER waiving and modifying the Administrative Order regarding Photography, Broadcasting, Television and Recording Equipment for the limited purpose of allowing Susan Eastman with Folio Weekely to bring a laptop and a cell phone for the status hearing on 6/11/13 at 2:30 p.m. Signed by Judge Timothy J. Corrigan on 6/11/2013. (MD) (Entered: 06/11/2013)
19 Minute Entry. Proceedings held before Judge Timothy J. Corrigan: TELEPHONE STATUS CONFERENCE re: scheduling of 16 motion held on 6/11/2013. Court Reporter: Shannon Bishop (SRW) (Entered: 06/11/2013)
20 ORDER setting schedule re 16 Amended MOTION for temporary restraining order (now converted to Motion for Preliminary Injunction); defendant's response due 6/28/2013; plaintiffs' reply due 7/9/2013; hearing set 7/16/2013 9:30 a.m., Courtroom 10D. Signed by Judge Timothy J. Corrigan on 6/12/2013. (SRW) (Entered: 06/12/2013)
21 RESPONSE in Opposition re 16 MOTION for preliminary injunction filed by Consolidated City of Jacksonville. (Attachments: # 1 Exhibit A − affidavit)(Laquidara, Cindy) (Entered: 06/28/2013)

Case: 3:13-cv-161 As of: 02/27/2017 09:49 AM EST 5 of 10

07/03/2013 07/05/2013 07/09/2013
07/11/2013 07/12/2013 07/12/2013 07/16/2013
07/19/2013 07/23/2013 07/31/2013
07/31/2013
08/06/2013
08/08/2013

22 MOTION for leave to file Affidavits by All Plaintiffs. (Doolittle, Kirsten) (Entered: 07/03/2013)
23 ENDORSED ORDER granting 22 Motion for Leave to File Supplemental Affidavits to the limited extent requested. Signed by Judge Timothy J. Corrigan on 7/5/2013.(SRW) (Entered: 07/05/2013)
24 REPLY to Response to Motion re 16 MOTION for preliminary injunction filed by Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters, The National Association for the Advancement of Colored People Jacksonville Branch. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit)(Doolittle, Kirsten) (Entered: 07/09/2013)
25 Unopposed MOTION for leave to file counter−affidavit by Consolidated City of Jacksonville. (Laquidara, Cindy) (Entered: 07/11/2013)
26 ENDORSED ORDER granting 25 City's Motion for Leave to File Counter−Affidavit. Signed by Judge Timothy J. Corrigan on 7/12/2013.(SRW) (Entered: 07/12/2013)
27 NOTICE by Consolidated City of Jacksonville Notice of Filing Counter−Affidavit (Attachments: # 1 Affidavit)(Laquidara, Cindy) (Entered: 07/12/2013)
28 Minute Entry. Proceedings held before Judge Timothy J. Corrigan: MOTION HEARING held on 7/16/2013 re 16 Amended MOTION for preliminary injunction filed by The National Association for the Advancement of Colored People Jacksonville Branch, Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters.Court Reporter: Shannon Bishop (SRW) (Entered: 07/16/2013)
29 NOTICE of Filing Proposed Order by All Plaintiffs. (Dolkart, Jane) Modified on 7/22/2013 to edit text (ASL). (Entered: 07/19/2013)
30 ORDER deferring ruling on 16 Motion for Preliminary Injunction; directing City to give 45 days notice before extending conditional offers of employment to new firefighters. Signed by Judge Timothy J. Corrigan on 7/23/2013.(SRW) Modified on 7/24/2013 to edit text (ASL). (Entered: 07/23/2013)
31 TRANSCRIPT of Motion Hearing held on July 16, 2013 before Judge Timothy J. Corrigan. Court Reporter/Transcriber Shannon M. Bishop, RMR, CRR; dsmabishop@yahoo.com,Telephone number (904)549−1307. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 8/21/2013, Redacted Transcript Deadline set for 9/3/2013, Release of Transcript Restriction set for 10/29/2013. (SB) (Entered: 07/31/2013)
32 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shannon Bishop, RMR, CRR; dsmabishop@yahoo.com; (904)549−1307 (SB) (Entered: 07/31/2013)
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Jane Dolkart, appearing on behalf of Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters, The National Association for the Advancement of Colored People Jacksonville Branch (Filing fee $10 receipt number JAX009492.). (BMW) (Entered: 08/06/2013)
33 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings or joinder of parties due by 9/6/2013; Conduct mediation hearing by 11/1/2013; Plaintiff disclosure of expert report due by 1/30/2014; Defendant disclosure of

Case: 3:13-cv-161 As of: 02/27/2017 09:49 AM EST 6 of 10

08/09/2013
08/15/2013
08/16/2013 08/19/2013 09/06/2013 10/08/2013 10/09/2013 10/10/2013 10/11/2013 10/14/2013 10/16/2013 10/16/2013 10/17/2013 10/23/2013

expert report due by 3/31/2014; Discovery deadline is 5/1/2014; Dispositive and Daubert motions due by 6/16/2014; Pretrial statement due by 9/17/2014; All other motions due by 9/17/2014; Final Pretrial Conference set for 9/24/2014 at 10:00 AM in Courtroom 10 D before Judge Timothy J. Corrigan; and, Jury Trial set for trial term commencing 10/6/2014 at 9:00 AM in Courtroom 10 D before Judge Timothy J. Corrigan. Signed by Deputy Clerk on 8/8/2013. (Attachments: # 1 Docket Sheet, # 2 Mediation Report)(MD) (Entered: 08/08/2013)
Set/reset scheduling order deadlines: Amended Pleadings due by 9/6/2013, Discovery due by 5/1/2014, Dispositive motions due by 6/16/2014, Pretrial statement due by 9/17/2014, All other motions due by 9/17/2014, Final Pretrial Conference set for 9/24/2014 at 10:00 AM in Jacksonville Courtroom 10 D before Judge Timothy J. Corrigan, Jury Trial term commencing set for 10/6/2014 at 10:00 AM in Jacksonville Courtroom 10 D before Judge Timothy J. Corrigan., Conduct mediation hearing by 11/1/2013. Lead counsel to coordinate dates., Defendant disclosure of expert report due by 3/31/2014, Plaintiff disclosure of expert report due by 1/30/2014 (ASL) (Entered: 08/09/2013)
34 MOTION for Jane Dolkart to appear pro hac vice by Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters, The National Association for the Advancement of Colored People Jacksonville Branch. (Attachments: # 1 Exhibit)(Doolittle, Kirsten) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 08/15/2013)
35 ORDER granting 34 motion to appear pro hac vice. Signed by Magistrate Judge Monte C. Richardson on 8/16/2013. (MOH) (Entered: 08/16/2013)
36 NOTICE of mediation conference/hearing to be held on 10/07/13 before Alexandra Hedrick.(Hedrick, Alexandra) (Entered: 08/19/2013)
37 NOTICE by Consolidated City of Jacksonville of Upcoming Hiring in The Jacksonville Fire and Rescue Department (Attachments: # 1 Exhibit 1 Memorandum)(Laquidara, Cindy) (Entered: 09/06/2013)
38 MEDIATION report Hearing held on 10/07/13. Hearing outcome: continuing (see body of report). (Hedrick, Alexandra) (Entered: 10/08/2013)
39 MOTION to supplement record on preliminary injunction by All Plaintiffs. (Attachments: # 1 Affidavit Edwards, # 2 Exhibit JFRD roster, # 3 Exhibit Band One roster, # 4 Exhibit BMI studies)(Doolittle, Kirsten) (Entered: 10/09/2013)
40 NOTICE of Appearance by Craig D. Feiser on behalf of Consolidated City of Jacksonville (Feiser, Craig) (Entered: 10/10/2013)
41 ORDER Setting Supplemental Hearing on 16 MOTION for preliminary injunction: Motion Hearing set for 10/17/2013 at 2:00 PM in Jacksonville Courtroom 10 D before Judge Timothy J. Corrigan (see Order for additional details). Signed by Judge Timothy J. Corrigan on 10/11/2013. (SRW) (Entered: 10/11/2013)
42 ORDER re: October 17, 2013 hearing. Signed by Judge Timothy J. Corrigan on 10/14/2013. (SRW) (Entered: 10/14/2013)
43 Unopposed MOTION for leave to file Request to Take Judicial Notice by Consolidated City of Jacksonville. (Attachments: # 1 Exhibit Request to Take Judicial Notice)(Laquidara, Cindy) (Entered: 10/16/2013)
44 RESPONSE to Motion re 39 MOTION to supplement record on preliminary injunction filed by Consolidated City of Jacksonville. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Laquidara, Cindy) (Entered: 10/16/2013)
45 MINUTE ENTRY. Proceedings held before Judge Timothy J. Corrigan: SUPPLEMENTAL HEARING held on 10/17/2013 re: 16 Motion for Preliminary Injunction. Court Reporter: Shannon Bishop. (MD) (Entered: 10/21/2013)
46 TRANSCRIPT of Motion Hearing held on October 17, 2013 before Judge Timothy J. Corrigan. Court Reporter/Transcriber Shannon M. Bishop, RMR, CRR; dsmabishop@yahoo.com,Telephone number (904)549−1307. Transcript may be viewed at the court public terminal or purchased through the Court

Case: 3:13-cv-161 As of: 02/27/2017 09:49 AM EST 7 of 10

10/23/2013
10/24/2013
10/27/2013 11/15/2013 11/18/2013 12/02/2013 12/10/2013 12/18/2013 12/27/2013 12/30/2013 01/02/2014
01/03/2014

Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 11/13/2013, Redacted Transcript Deadline set for 11/25/2013, Release of Transcript Restriction set for 1/21/2014. (SB) Modified on 10/24/2013 corrected transcript attached per chambers(LRB). (Entered: 10/23/2013)
47 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shannon Bishop, RMR, CRR; dsmabishop@yahoo.com; (904)549−1307 (SB) (Entered: 10/23/2013)
48 ORDER denying 16 Amended Motion for Preliminary Injunction; giving further directions to parties (City to provide 30 days notice of future hiring; filings due 11/15/2013, 1/31/2014; parties to mediate by 12/16/2013; CMSO otherwise remains in effect). Signed by Judge Timothy J. Corrigan on 10/24/2013.(SRW) (Entered: 10/24/2013)
49 NOTICE of mediation conference/hearing to be held on 11/25/13 at 10 am before Alexandra Hedrick.(Hedrick, Alexandra) (Entered: 10/27/2013)
50 NOTICE by Consolidated City of Jacksonville re 48 Order on motion to supplementOrder on Motion for Leave to FileOrder on Motion for Preliminary Injunction (Teodorescu, Adina) (Entered: 11/15/2013)
51 NOTICE by Consolidated City of Jacksonville re 48 Order on motion to supplementOrder on Motion for Leave to FileOrder on Motion for Preliminary Injunction (Attachments: # 1 Exhibit A)(Teodorescu, Adina) (Entered: 11/18/2013)
52 Second MEDIATION report Hearing held on 11/25/13. Hearing outcome: impasse.. (Hedrick, Alexandra) (Modified on 12/3/2013 to edit text) (SJW). (Entered: 12/02/2013)
53 NOTICE of Intention to Hire by Consolidated City of Jacksonville re 48 Order on motion to supplementOrder on Motion for Leave to FileOrder on Motion for Preliminary Injunction (Attachments: # 1 Exhibit A) (Teodorescu, Adina) (Modified on 12/11/201 to edit text) (DSY). (Entered: 12/10/2013)
54 Unopposed MOTION for Extension of Time to File Expert Disclosures by All Plaintiffs. (Doolittle, Kirsten) (Entered: 12/18/2013)
55 ORDER regarding further settlement discussions with Judge Schlesinger. Signed by Judge Timothy J. Corrigan on 12/27/2013. (SRW) (Entered: 12/27/2013)
56 ORDER re 54 Unopposed MOTION for Extension of Time to File Expert Disclosures; directing parties to file further papers regarding motion before 1/10/2014. Signed by Judge Timothy J. Corrigan on 12/30/2013.(SRW) (Entered: 12/30/2013)
***PRO HAC VICE Special Admission Attorney Certification Form filed by attorney Ray McClain, appearing on behalf of Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters Related document: 57 MOTION for Ray McClain to appear pro hac vice. (Pro hac fees not paid.) (MJT) (Entered: 01/13/2014)
57 UNOPPOSED MOTION for Ray McClain to appear pro hac vice by Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters, The National Association for the Advancement of Colored People Jacksonville Branch. (Attachments: # 1 Exhibit Certificate of Good Standing) (Doolittle, Kirsten) Motions referred to Magistrate Judge Monte C. Richardson. (Modified on 1/7/2014 to edit text) (DSY). (Entered: 01/03/2014)

Case: 3:13-cv-161 As of: 02/27/2017 09:49 AM EST 8 of 10

01/06/2014 01/07/2014
01/10/2014 01/16/2014
01/16/2014 01/27/2014
01/28/2014 01/28/2014
01/31/2014 01/31/2014 02/18/2014 02/19/2014 03/31/2014

58 ORDER denying without prejudice 57 motion to appear pro hac vice. Signed by Magistrate Judge Monte C. Richardson on 1/6/2014. (MOH) (Entered: 01/06/2014)
59 UNOPPOSED MOTION to extend All Case Deadlines by Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters, The National Association for the Advancement of Colored People Jacksonville Branch. (Doolittle, Kirsten) Motions referred to Magistrate Judge Monte C. Richardson. (Modified on 1/8/2014 to edit text) (DSY). (Entered: 01/07/2014)
60 NOTICE by Consolidated City of Jacksonville of Filing and Rule 3(g) Notification (Attachments: # 1 Exhibit "A" − Order of 4th Judicial Cir.)(Laquidara, Cindy) (Modified on 1/10/2014 to edit text) (SJW). (Entered: 01/10/2014)
61 ORDER granting 59 Motion to extend case deadlines, deadlines extended as follows: service of plaintiffs' expert reports: 4/30/2014; service of defendant's expert reports: 6/30/2014; discovery deadline: 8/1/2014; dispositive and Daubert motions due 9/2/2014 (responses due 21 days after service); all other motions due 12/10/2014 (responses due 12/17/2014); filing of pretrial statement: 12/17/2014; FPTC 1/22/2015 10:00 a.m. (Courtroom 10D); Jury trial set for term beginning 2/2/2015 at 9:00 a.m. (Courtroom 10D). Signed by Judge Timothy J. Corrigan on 1/16/2014.(SRW) (Entered: 01/16/2014)
62 ORDER re Notice, directing City (and others at their option) to file further response no later than 1/31/2014.Signed by Judge Timothy J. Corrigan on 1/16/2014. (SRW) (Entered: 01/16/2014)
63 Second MOTION for Ray McClain to appear pro hac vice by Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters, The National Association for the Advancement of Colored People Jacksonville Branch. (Attachments: # 1 Exhibit Certificate of Good Standing)(Doolittle, Kirsten) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 01/27/2014)
64 ORDER granting 63 motion to appear pro hac vice. If Ray McClain, Esq. has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Monte C. Richardson on 1/28/2014. (ADM) (Entered: 01/28/2014)
***PRO HAC VICE FEES paid by attorney Ray McClain, appearing on behalf of Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters, The National Association for the Advancement of Colored People Jacksonville Branch (Filing fee $10 receipt number JAX011366.) Related document: 63 Second MOTION for Ray McClain to appear pro hac vice. (SJW) (Entered: 01/29/2014)
65 RESPONSE re 62 Order and MOTION for miscellaneous relief, specifically for an Order to Mediate filed by Consolidated City of Jacksonville. (Feiser, Craig) (Modified on 1/31/2014 to edit text) (DSY). (Entered: 01/31/2014)
66 NOTICE of Filing Report by Consolidated City of Jacksonville re 48 Order on motion to supplementOrder on Motion for Leave to FileOrder on Motion for Preliminary Injunction (Attachments: # 1 Attachment 1) (Teodorescu, Adina) (Modified on 2/3/2014 to edit text) (DSY). (Entered: 01/31/2014)
67 NOTICE of upcoming hiring by Consolidated City of Jacksonville re 30 Order on Motion for Preliminary Injunction (Attachments: # 1 A)(Teodorescu, Adina) (Modified on 2/19/2014 to edit text) (SJW). (Entered: 02/18/2014)
68 ORDER advising that the Court has determined that the parties' confidential mediation discussions with Judge Schlesinger should continue as directed; granting motions requesting that parties continue with those efforts, pursuant to Local Rule 9. Signed by Judge Timothy J. Corrigan on 2/19/2014. (Attachments: #(1) Dec. 27, 2013 Order re: mediation) (SRW) (Entered: 02/19/2014)
69 MOTION to extend time to serve expert disclosures, complete discovery and file motions by All Plaintiffs. (Doolittle, Kirsten) Motions referred to Magistrate Judge

Case: 3:13-cv-161 As of: 02/27/2017 09:49 AM EST 9 of 10

04/17/2014
04/18/2014 06/05/2014 06/09/2014
08/18/2014 08/19/2014
10/22/2014 10/22/2014 01/22/2015 01/26/2015 03/02/2015

Monte C. Richardson. (Modified on 4/1/2014 to edit text)(SJW). (Entered: 03/31/2014)
70 ORDER granting 69 Plaintiffs' Unopposed Motion for Extension of Time to Serve Expert Disclosures, Complete Discovery and File Motions. Discovery deadline is 9/19/14; dispositive and daubert motions due by 10/20/14; pretrial statement due by 3/19/15; final pretrial conference set for 3/25/15 at 10:00 a.m in courtroom 10D before Judge Timothy J. Corrigan; and, jury trial set for trial term commencing 4/6/15 at 9:00 a.m. in courtroom 10D before Judge Timothy J. Corrigan. Signed by Judge Timothy J. Corrigan on 4/17/2014. (MD) (Entered: 04/17/2014)
Set/reset scheduling order deadlines: Discovery due by 9/19/2014, Dispositive and Daubert motions due by 10/20/2014, Pretrial statement due by 3/19/2015, All other motions due by 3/12/2015, Final Pretrial Conference set for 3/25/2015 at 10:00 AM in Jacksonville Courtroom 10 D before Judge Timothy J. Corrigan, Jury Trial set for trial term commencing set for 4/6/2015 at 09:00 AM in Jacksonville Courtroom 10 D before Judge Timothy J. Corrigan. (SJW) (Entered: 04/18/2014)
71 Unopposed MOTION for Extension of Time to Complete Discovery , serve Expert Disclosures and File Motions by Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters, The National Association for the Advancement of Colored People Jacksonville Branch. (Doolittle, Kirsten) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 06/05/2014)
72 ENDORSED ORDER granting 71 Unopposed Motion for Extension of Time to Serve Expert Disclosures, Complete Discovery, and File Motions, to the extent the Court will extend the parties' expert report deadlines as requested. Plaintiffs shall serve their expert reports on or before 8/22/2014, and defendant shall serve its expert reports on or before 10/24/2014. The Court will later enter an Order resetting all other case deadlines. Signed by Judge Timothy J. Corrigan on 6/9/2014. (BJB) (Entered: 06/09/2014)
73 Unopposed MOTION for Extension of Time to File Expert Disclosures, Complete Discovery and File Motions by All Plaintiffs. (Doolittle, Kirsten) (Entered: 08/18/2014)
74 ENDORSED ORDER granting 73 Motion for Extension of Time to the extent that all existing case deadlines and settings are vacated to be reset as necessary by subsequent order; the parties are directed to file a report regarding the status of their settlement negotiations no later than 10/24/2014; in the meantime, the Clerk shall administratively close the file, which shall be subject to reopening upon motion by any party or further Order of the Court. Signed by Judge Timothy J. Corrigan on 8/19/2014.(SRW) (Entered: 08/19/2014)
75 JOINT STATUS REPORT by Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters, The National Association for the Advancement of Colored People Jacksonville Branch. (Doolittle, Kirsten) (Modified on 10/22/2014 (to edit text) DSY). (Entered: 10/22/2014)
76 ENDORSED ORDER re 75 Status report, directing parties to file further status report by January 22, 2015 (case remains administratively closed). Signed by Judge Timothy J. Corrigan on 10/22/2014.(SRW) (Entered: 10/22/2014)
77 STATUS report by Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters, The National Association for the Advancement of Colored People Jacksonville Branch. (Doolittle, Kirsten) (Entered: 01/22/2015)
78 ENDORSED ORDER re 77 Status report, directing parties to file further status report no later than 3/2/2015. Signed by Judge Timothy J. Corrigan on 1/26/2015. (SRW) (Entered: 01/26/2015)
79 STATUS report by Consolidated City of Jacksonville. (Teodorescu, Adina) (Entered: 03/02/2015)

Case: 3:13-cv-161 As of: 02/27/2017 09:49 AM EST 10 of 10

09/18/2015 09/22/2015
12/02/2015 12/18/2015 01/14/2016
01/14/2016
05/13/2016 05/16/2016

80 Unopposed MOTION to Substitute Attorney by Consolidated City of Jacksonville. (D'Agata, David) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 09/18/2015)
81 ENDORSED ORDER granting 80 Motion to Substitute Attorney. Cindy A. Laquidara, Esq. is relieved of any further responsibility as counsel for Defendant City of Jacksonville in this matter, but she shall comply with all applicable obligations on withdrawing counsel, including any applicable Bar rules. The Clerk shall add David J. D'Agata as counsel of record for Defendant. Signed by Magistrate Judge Monte C. Richardson on 9/22/2015. (ADM) (Entered: 09/22/2015)
82 ORDER directing parties to file a status report no later than 12/21/2015. Signed by Judge Timothy J. Corrigan on 12/2/2015. (SRW) (Entered: 12/02/2015)
83 STATUS report (Joint Status Report) by Consolidated City of Jacksonville. (D'Agata, David) (Entered: 12/18/2015)
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Robert S. Libman, appearing on behalf of Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters, The National Association for the Advancement of Colored People Jacksonville Branch (Filing fee $150 receipt number JAX018884.). (DLC) Modified on 1/21/2016 Counsel inadvertently placed this case number on the Special Admission form. The Pro Hac Vice fees paid entry should have been made in 3:12cv451−J−32MCR. (AET). (Entered: 01/14/2016)
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Benjamin J. Blustein, appearing on behalf of Jacksonville Brotherhood of Firefiighters, a Chapter of the International Association of African−American Professional Fire Fighters, The National Association for the Advancement of Colored People Jacksonville Branch (Filing fee $150 receipt number JAX018883.). (DLC) Modified on 1/21/2016 Counsel inadvertently placed this case number on the Special Admission form. The Pro Hac Vice fees paid entry should have been made in 3:12cv451−J−32MCR. (AET). (Entered: 01/14/2016)
84 Joint NOTICE of Settlement and Motion to Dismiss by The National Association for the Advancement of Colored People Jacksonville Branch (Attachments: # 1 Exhibit Ex. 1 Settlement Agreement)(Doolittle, Kirsten) Modified on 5/16/2016 to edit entry (CKS). (Entered: 05/13/2016)
85 ORDER granting 84 motion to dismiss; dismissing case with prejudice, except that the Court will retain jurisdiction to enforce the parties' settlement agreement; the Clerk shall close the file. Signed by Judge Timothy J. Corrigan on 5/16/2016.(SRW) (Entered: 05/16/2016)