Federal appeals court allows a city to use date and time stamps on applications to break ties between similarly scoring candidates. Practice did not have a disparate impact on race. McCall v. City of Danbury, #00-9324, 2001 U.S. App. Lexis 19158 (Unpub. 2nd Cir.) affirming 116 F.Supp.2d 316, 2000 U.S. Dist. Lexis 15119 (D. Conn.). [2001 FP 166]
     Promotion or hiring from a tainted roster is not a continuing act, but is the result of previous discrimination. “To allow employees to challenge an eligibility roster during the entire time it is used would be to create substantial uncertainty for employers who have to make important staffing decisions based upon the list.” Cox v. City of Memphis, #99-5789, 2000 U.S. App. Lexis 25942, 2000 FED App. 0370P, 84 FEP Cases (BNA) 1 (6th Cir.) {N/R}
     Missouri appellate court allows a city to give preference on hiring lists to those employed in other city agencies. Deeken v. City of St. Louis, #ED77336, 27 S.W.3d 868, 2000 Mo.App. Lexis 1433. [2000 FP 167]
     Promotion or hiring from a tainted roster is not a continuing act, but is the result of previous discrimination. "To allow employees to challenge an eligibility roster during the entire time it is used would be to create substantial uncertainty for employers who have to make important staffing decisions based upon the list." Cox v. City of Memphis, #99-5789, 2000 U.S. App. Lexis 25942, 84 FEP Cases (BNA) 1, 2000 FED App. 0370P (6th Cir.) {N/R}
     Nebraska supreme court allows a former deputy sheriff to sue for negligent appointment. County had terminated her after discovering her preemployment exam was mis-scored. Merrick v. Thomas, 246 Neb. 658, 522 N.W.2d 402, 10 IER Cases (BNA) 1104 (1994). [1995 FP 168]
     Person on an eligibility list was not entitled to an expedited medical and psychological examination before the existing eligibility list expires. Puntillo v. Abate, 613 N.Y.S.2d 9 (A.D. 1994). {N/R}
     Fire dept. could continue to promote off an expired list, as current contract did not require the creation of a new list and the union's grievance failed to identify any employee who suffered from the use of the old list. Detroit (City of) and IUOE L-547, 102 LA (BNA) 440 (Lipson, 1994). {N/R}
     A mayor might properly reject a candidate for police chief who had placed bets at a dog track, while in uniform and working secondary employment. However, allegations the rejection was in bad faith and was predicated on political grounds required an evidentiary hearing. Mayor of Revere v. Civil Serv. Cmsn., 31 Mass.App. 315, 577 N.E.2d 325 (1991). [1992 FP 134-5]
     It was lawful to use social security numbers to rank order applicants with the same numerical scores. It would be wrong to rank candidates by their raw scores earned on the pass/fail portions of the qualifying exam. Napoli v. Levitt, 575 N.Y.S.2d 665 (A.D. 1991). [1992 FP 168]
     Allowing all sergeants to take lieutenant's exam, but excluding some of them from the eligibility list until they had sufficient time-in-grade, was lawful and did not violate the "rule of three." Autorino v. Westchester Co. Personnel Office, N.Y.S.2d 395 (A.D. 1989).
     Arkansas rules a department may have more than one eligibility list at any given time. Cross v. Bruce, 681 S.W.2d 339 (Ark. 1984).
     Rule of three interpreted when more than one employee is promoted. Boccardo v. Monroe Co. Civil Serv. Cmsn., 430 N.Y.S.2d 454 (Misc. 1980).
     Department could not pass over candidate for promotion due to old minor offense, and in view of subsequent promotion. Morrisey v. Gilbert, 394 N.E.2d 5 (Ill.App. 1979).
     An Ohio civil service commission has implied authority to extend duration of eligibility list. Malone v. Fender v. Civil Serv. Cmsn., 53 Ohio St. 114, 372 N.E.2d 606 (1978).
     Civil service may order new examination when defects noted. State ex rel. Campbell v. Munic. Civil Serv. Cmsn., 53 Ohio St. 114, 372 N.E.2d 606 (1978).
     Florida appellate court rules that top candidate on eligibility list cannot be passed over unless authorized by law. Devin v. City of Hollywood, 351 So.2d 1022 (Fla. App. 1976).
     City can retire old promotional list and create new one based on new exams. Corr v. City of New York, 4001 N.Y.S.2d 431 (Misc. 1978).
     Suit against chief by candidate no reason to pass him over for promotion. Donofrio v. Hastings, 401 N.Y.S.2d 935 (A.D. 1978).
     Extension of list beyond the published period is unlawful. Malone v. Fender, 158 N.J. Super. 190, 385 A.2d 929 (A.D. 1978); see also: Application Ext. of New Police Sergeant, 148 N.J. Super. 121, 373 A.2d 422 (A.D. 1977).
     "Rule of three" substantially resembles purpose of "rule of one" Washington court. Local 404, Intern. Assn. of Fire Fighters v. City of Walla Walla, 586 P.2d 479 (Wash. 1978).
     Miscalculation of scores: duty to rescind prior appointments. Gibson v. State, 145 N.J. Super. 348, 367 A.2d 1180 (1976).
     Rule of three properly rejected by arbitrator. City of Cranston v. Hall, 371 A.2d 590 (R.I. 1977).
     Mayor has duty to fill chief vacancy from list of eligibles; perpetuation of acting chief, who was not certified as eligible for promotion, violates purposes of civil service laws. Frame v. Yenni, 347 So.2d 309 (La. App. 1977).
     Candidate for promotion to district fire chief was "property right" in position on eligibility list; test administration discrepancies irrelevant if not promptly appealed. Crain v. Firemen's and Policemen's Civil Serv. Cmsn., 495 S.W 2d 20 (Tex. Civ. App. 1973).
     New York court rules against eligibles over promotion; hold administration has discretion of when and how many men to promote. Love v. Brandstein, 352 N.Y.S.2d 457 (App. 1974); Timpano v. Hanna, 355 N.Y.S.2d 226 (1974).
     Regrading of exams discussed. Firemen's and Policemen's Civil Service Commission v. Williams, 531 S.W.2d 327 (Tex. 1975). Appellate court held that a civil service commission is not entitled to disregard procedures and revise eligibility lists based on prior errors. See 18 S.W.2d 615 (Tex. Civ. App. 1975).
     Rule of three upheld in New York's highest court; higher scoring applicants may be passed over, if law provides. Cassidy v. Munic. Civil Serv. Cmsn. of City of New Rochelle, 37 N.Y.2d 526, 375 N.Y.S.2d 300 (N.Y. 1975).
     See also: Promotional Rights