[IPAC-List] Adding bonus points to exam scores of city residents

[Jeff Feuquay]

Interesting twist, Dennis. So, the extra points issue could be argued on
Constitutional grounds (interference with freedom of association and
travel), even if the Title VII argument didn't have the numbers to sustain
it.

And, on the "I am not a lawyer" comment - you've been in the field long and
thoroughly enough to know employment law better than 90% of employment-law
lawyers. Sheesh, don't know if you're being modest or just want to make sure
nobody accuses you of being an attorney. Jeff

On Tue, Nov 3, 2009 at 9:44 PM, Dennis Doverspike <dd1 at uakron.edu> wrote:


> As Jeff knows, I am not a lawyer. However, I am not sure it was made clear

> that since 2006 Ohio has had a law that bans residency requirements. This

> law was upheld in a June 2009 Supreme Court decision. As far as I know, the

> law is still in place.

>

> Now, not being a lawyer, I am not sure how a ban on a residency requirement

> might impact or not impact the awarding of additional points for residency.

> However, one could predict that for many large cities, where there are many

> applicants especially for lower level and safety jobs, the awarding of

> points for residency could well mean that only residents were hired. Thus,

> the impact could be the same from a statistical standpoint as imposing a

> residency requirement.

>

> So Jeff, would there be a distinction between having a residency

> requirement

> and awarding points for residency? Technically, it is not a strict

> requirement.

>

> Dennis Doverspike, Ph.D., ABPP

> Professor of Psychology

> Director, Center for Organizational Research

> Senior Fellow of the Institute for Life-Span Development and Gerontology

> Psychology Department

> University of Akron

> Akron, Ohio  44325-4301

> 330-972-8372 (Office)

> 330-972-5174 (Office Fax)

> ddoverspike at uakron.edu

>

> The information is intended only for the person or entity to which it is

> addressed and may contain confidential, privileged and/or a work product

> for

> the sole use of the intended recipient.  No confidentiality or privilege is

> waived or lost by any errant transmission. If you receive this message in

> error, please destroy all copies of it and notify the sender. If the reader

> of this message is not the intended recipient, you are hereby notified that

> any dissemination, distribution or copying of this communication is

> strictly

> prohibited. In the case of E-mail or electronic transmission, immediately

> delete it and all copies of it from your system and notify the sender.

> E-mail and fax transmission cannot be guaranteed to be secure or error-free

> as information could be intercepted, corrupted, lost, destroyed, arrive

> late

> or incomplete, or contain viruses.

>

> -----Original Message-----

> From: ipac-list-bounces at ipacweb.org [mailto:ipac-list-bounces at ipacweb.org]

> On Behalf Of Jeff Feuquay

> Sent: Tuesday, November 03, 2009 12:53 PM

> To: Van Atta, Nancy

> Cc: ipac-list at ipacweb.org

>  Subject: Re: [IPAC-List] Adding bonus points to exam scores of city

> residents

>

> Interesting idea. I'd be curious about the demographics of in-city vs

> out-of-city applicants. If there are race/ethnicity differences, I would be

> wary of the argument that Dayton is engaging in disparate treatment by

> adjusting scores based on race/ethnicity. I'd sure want a LNDR for giving

> the points, e.g., to encourage employees to live closer to work, be able to

> articulate the business advantage/necessity, and show that there was no

> better way to get it done. As an aside, if the bonus points are high

> enough,

> would it not encourage folks to rent a by-the-week motel room and use that

> address for test-taking?

>

> Jeff Feuquay, Psychologist, Attorney, and Stuff

>

> On Tue, Nov 3, 2009 at 11:26 AM, Van Atta, Nancy <

> Nancy.VanAtta at cityofdayton.org> wrote:

>

> > The City of Dayton no longer has a residency requirement for City

> > employees, but we are considering adding bonus points to exam scores of

> > city residents. We would like to know who on the list is already doing

> > this or knows of cities that are. We would also be interested in

> > members' views of the pros and cons of awarding such points whether or

> > not they are doing so themselves.

> >

> >

> >

> > Many thanks for all responses. Please indicate if you want your response

> > to be anonymous and email me directly, if so.

> >

> >

> >

> > (Forgive me if this issue is discussed in an archive; currently our

> > persnickety filter is blocking the parts of the IPAC site.)

> >

> >

> >

> > Nancy Van Atta

> >

> > Employment Analyst

> >

> > City of Dayton Civil Service Board

> >

> > nancy.vanatta at cityofdayton.org

> >

> > 937-333-2070

> >

> > 937-333-2125 (Fax)

> >

> >

> >

> > _______________________________________________________

> > IPAC-List

> > IPAC-List at ipacweb.org

> > http://www.ipacweb.org/mailman/listinfo/ipac-list

> >

>

>

>

> --

> Jeff

> -----------------------------------------

> Dr. Jeffrey P Feuquay, Psychologist & Attorney

> CPS Human Resource Services, Supernumerary

> and Special Counsel to Russell, Brown & Breckenridge

> 108 W. Walnut, Nevada, Mo 64772

> ofc: 417-667-5076   cell: 417-549-0997

> _______________________________________________________

> IPAC-List

> IPAC-List at ipacweb.org

> http://www.ipacweb.org/mailman/listinfo/ipac-list

>

>



-- 
Jeff
-----------------------------------------
Dr. Jeffrey P Feuquay, Psychologist & Attorney
CPS Human Resource Services, Supernumerary
and Special Counsel to Russell, Brown & Breckenridge
108 W. Walnut, Nevada, Mo 64772
ofc: 417-667-5076   cell: 417-549-0997