Laserfiche WebLink
shortcoinings cannot be remedied retroactively or would not be <br />addressed in the amended procedure. <br />On defendants motion for interim relief, the Court found on <br />November 18, 1994, that an amended testing procedure very similar <br />to the one described above was sufficiently different from the <br />original testing procedure that it could not be considered unlawful <br />by reason of the October 5th order. <br />If the Court approves the am.ended testing procedure merely by <br />concluding that the October 5th Order does not necessarily make it <br />unlawful, it is very doubtful that cities will use the amended <br />procedure. Other tests available for use by the defendant cities <br />may have shortcomings, but no other test would have the same cloud <br />of uncertainty over it resulting from unaddressed, unremedied <br />judicial criticism of the October 5 Order. As a practical matter <br />if the amended procedure is lawful, it will onlv" be used by cities <br />if the Court's order re.moves t.hat cloud. Defendants therefore <br />respectfully request that if the Court concludes that the amended <br />procedure is lawful, t.he Court's order and .memorandum be so drafted <br />as to rehabilitate the validation process and the validity of the <br />amended procedure and to declare unequivocally that the amended <br />procedure is lawful, notwithstanding the shortcomings described in <br />the October 5 Order w.hich are not remedied by changes to the <br />testing process. <br />II. An Order Compelling African American Hiring Quotas is Not <br />Warranted. <br />Dr. Friedland suggested a program to determine why there are <br />not more blacks in the pipeline to becomte police officers and the <br />24 <br />— ~i » M •••■■» 1— ••• II - - - tr-w— II