Fire Mashall-Deputy Chief Charles E. Coyle with Chief Sheman George
By Terry Artis
President/Publisher
All men are created equal and then... A few become brothers. It's a slogan shared by some firefighter across the country . Firefighters historically have called fellow firefighters around the world "Brothers." But, just as some men seem to be 'more equal' than others, so do some "brothers". At least that is what can be gathered from the lawsuit filed by Attorney Jerome Dobson on behalf of St. Louis Fire Department Fire Marshall, Deputy Chief Charles E. Coyle.
In the lawsuit, filed on August 12, 2009 in the Circuit Court of the City of St. Louis, State of Missouri, the Fire Marshall is seeking damages from the City of St. Louis for Race Discrimination in violation of the Missouri Human Rights Act. This suit, after the demotion of St. Louis' first Black Fire Chief, Sherman George and the promotion of a Battalion Chief (historically unprecedented), Dennis Jenkerson to Fire Chief, has been long in coming.
Charles Coyle served as one of four Deputy Fire Chiefs under Chief Sherman George. Mr. Coyle also served as Fire Marshall and was considered the highest ranking Deputy Fire Chief under George. Whenever Chief George was on vacation or otherwise not present at the workplace, Deputy Chief Coyle was Acting Fire Chief.
Coyle was always a loyal supporter of his Chief and when Sherman George was demoted to Deputy Chief by newly appointed Public Safety Director, Charles Bryson (considered by many to be the least qualified person to ever hold the position), Charles Coyle opposed the removal of George from his position as Fire Chief. During an interview with RiverCity Examiner in February of this year, Chief George stated, "Deputy Fire Chief Charles Coyle is my hero. He stood by me when most would not have and when he knew that it could have been very bad for him. He's a good man." Chief George retired from the Department after being demoted and has a lawsuit pending against the City of St. Louis, Francis Slay and Charles Bryson for race discrimination.
After Chief George's removal, the City sought applicants for Fire Chief and Charles Coyle was one of 7 applicants for the position in 2007-2008. The process of selection consisted of two tests, which were administered by the City's Department of Personnel under the Direction of Richard Frank (who is White). One portion of the test was an objective written examination worth up to 50% of the total score and characterized by Coyle in the lawsuit as a "managerial simulation" test. The second portion was an oral examination given by a 3 member panel selected by Director Frank and also worth up to 50% of the total score. Prior to the 2007-2008 testing process, the objective written portion was worth up to 60% and the oral up to 40%.
Enter Dennis Jenkerson to the equation. Jenkerson (who is White) is a very close personal friend of Francis Slay's and at the time of the examinations for Fire Chief, held the position of Battalion Chief, which is a lower rank than Deputy Chief. Historically, only Deputy Chiefs were ever considered for promotion to Fire Chief.
On the written portion, Charles Coyle's score tied with 2 other candidates for the highest in that phase. Neither of the 2 were Dennis Jenkerson. Coyle had tied with one other candidate for the second highest score on the oral portion. Most of the questions in the oral portion involved issues that Coyle dealt with successfully on a daily basis as Deputy Chief and Fire Marshall.
Dennis Jenkerson was selected as Fire Chief based on higher score on an oral exam with questions that were subjective in nature and subjectively scored by the panel.
In a phone interview with Coyle's attorney, Jerome Dobson, Dobson stated, "It's an interesting case. Considering that there has never been a promotion from Battalion Chief to Fire Chief in the history of the Department and that the weight of the percentages for the 2 sections had changed for this particular year's testing. It makes you ask, 'Why'?"
Questionable Testing
Fire department testing for promotions was at the center of the conflict over which Chief Sherman George was demoted. He had objected to the results of a test that was used over his suggestion to the Director of Personnel to use any of the eight tests out of ten choices that he felt would render the most qualified candidates for promotion. There were two tests that he felt were insufficient in rendering fair assessments and one of those two was the test that was used by personnel. Chief George refused to make promotions based on the results of that testing.
In the New Haven Firefighter case (Ricci v. Destefano), which was recently decided by the Supreme Court for White firefighters who said that the city of New Haven violated their rights by throwing out a test that few minorities scored well on, the testing process was the central issue. Supreme Court Justice Ruth Bader Ginsburg stated during the hearing, "This type of testing method used to determine the overall qualifications for promotion of a firefighter is dubious at best." That statement was on point with Chief George's reasoning for refusing to promote from a test that he felt was inadequate.
During an interview with Slay's appointed Public Safety Director, Charles Bryson (videos at - http://rivercityexaminer.com/Bryson Interview.html), the question of the testing process was raised. Bryson responded with what seemed like a handed down and prepared response, "Black firefighters may not have studied hard enough."
The questions about Fire Department testing and its perceived slant against minorities have rang out across the country for years. In an organization that there is an obvious National need for a Black firefighter's Union (locally the Firefighters Institute for Racial Equality *F.I.R.E.*) apart from a White one (Local 73), the idea that there is an actual "Brotherhood" would tend to be undermined by testing standards that provide preferential outcomes.
In 1998, William Duffe, then Director of Personnel, City of St. Louis, Gary Gebhart, Assistant Recruitment and Examination Manager and Roger McCurley, Recruitment and Examination Manager, published the article, Fire Service Testing in a Litigious Environment: A Case History. Their studies in the periods of 1983, 1986, 1990 and 1994, revealed that on the written (multiple choice) portion of the tests in those periods, the impact weighed against Black firefighters and the testing process saw White candidates scoring well. On the fire scene (essay) portion, the impact weighed against White candidates and Blacks scored well. Three years after the evaluated testing processes (1997), the Department of Personnel went with an all written (multiple choice examination).
A Perceived Reality
America's fire departments are one of our socialized systems, which include: the police, the post office and public libraries among others. It makes a reasonable person wonder how, with what appears to be a long-standing practice of discrimination, there has been no serious measures taken by the government to address what is clearly a problem of racism within its own system? Americans have high regard for its firefighters. They do an incredible service for all of us. I wonder, when will there be real measures taken to remove this cloud of what I consider to be shame, that does such a disservice to them?
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