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94-21143 Reso " . . . , . RESOLUTION NO. 94-21143 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT BElWEEN THE CITY OF MIAMI BEACH AND DR. DAVID SANTISTEBAN, FOR JOB ANALYSIS AND DEVELOPMENT AND VALIDATION OF PERMANENT SELECTION PROCEDURES FOR FIREFIGHTER I AND POLICE OFFICER/TRAINEE IN CONSIDERATION FORAN AMOUNT NOT TO EXCEED $93,500, INCLUDING ALL OUT-OF-POCKET AND OTHER EXPENSES INCURRED BY THE CONSULTANT, AND FURTHER AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION INCLUDED IN THE CONSULTANT'S PROPOSAL TO DEVELOP AND ADMINISTER AN ORIENTATION/TEST PREPARATION PROGRAM FOR AN ADDITIONAL SUM NOT TO EXCEED $10,000 INCLUDING ALL OUT-OF-POCKET AND OTHER EXPENSES INCURRED BY THE CONSULTANT. Whereas, on June 4, 1993, the Federal District Court entered the final Consent Decree, between the Department of Justice (DOl) and the City of Miami Beach, which prohibits continued use of the City's previous written tests for Firefighter I and Police Officer/Trainee and allows the City to develop alternative validated selection procedures for these entry-level classifications; and Whereas, the Consent Decree requires that new written tests for Firefighter I and Police Officer/Trainee must be developed in conjunction with the DOJ and provides that the City will contract with recognized experts and that the method of test validation used by such experts shall be approved by the DOJ; and Whereas, the DOl had no objections to the City's Request For Proposal and the proposal and methodology submitted by Dr. David Santisteban (Consultant); and Whereas, the City retains the ultimate responsibility for the development and administration of lawful written examinations for entry-level Firefighter I and Police Officer/Trainees; and Whereas, under the Consent Decree, any test development by the City shall include the preparation of written job analyses for entry-level Firefighter I and Police Officer! Trainee examinations; and Whereas, the Consultant is considered to be an expert and has extensive experience in conducting job analyses and developing and validating civil service written tests, oral boards, and physical ability tests (both entry-level and promotional) for uniformed positions, including Fire and Police; and Whereas, the City, through a competitive bidding process, entered into contracts with Dr. David Santisteban as low bidder, on June 1, 1990, for written test development for the Sergeant of Police classification; and, on October 10, 1990, for the Lieutenant of Police classification, and the City entered into contracts with Dr. Santisteban, on October 12, 1992, for job analysis and test development and validation for the Sergeant of Police and Lieutenant of Police classifications, and, on July 28, 1993, for job analysis and test development and validation for the Firefighter II, Fire Lieutenant, and Fire Captain classifications; and, Dr. Santisteban is therefore familiar with the City of Miami Beach's procedures; and .. Whereas, the performance of a job analysis and test development and validation will be in accordance with the Consent Decree and will help insure the administration of fair job-related select procedures, to selection of a diverse group of the most qualified Firefighters I and Police Officer/Trainees and help protect the City against litigation under Title VII of the Civil Rights Act; and Whereas, funding for this contract is available from the Police Department and Fire Department Professional Services budgets. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Commission hereby authorizes the Mayor and City Clerk to execute the attached Professional Services Agreement between the City and Dr. David Santisteban, in consideration for an amount not to exceed $93,500, including all out-of-pocket and other expenses incurred by the Consultant, and further authorizes the City Manager to exercise the option included in the Consultant's Proposal to develop and administer an orientation/test preparation program for an additional sum not to exceed $10,000 including all out-of-pocket and other expenses incurred by the Consultant. PASSED AND ADOPTED this 20th day of April , 1994 Attest: ~uL.~L~ City Clerk, Richard E. Brown RMC:TCA:GPL:cp HR DEPT DEV: 04/11/94 CommMemo2:Resoff&P.San ~~ ',-- CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE IAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 173.7010 FAX: (305) 173-7712 COMMISSION MEMORANDUM NO. ~ FROM: Mayor Seymour Gelber and Members of the CIty Commlsston Roger M. Ca-""'-- n AI j f'J A ~ City Manager ~~~ DATE: April 20, 1994 TO: SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH DR. DAVID SANTISTEBAN FOR JOB ANALYSIS AND DEVELOPMENT AND VALIDATION OF PERMANENT SELECTION PROCEDURES FOR FIREFIGHTER I AND POLICE OFFICER{fRAINEE ADMINISTRATION RECOMMENDATION: It is recommended that thC Mayor and the City Commission authorize the Mayor and City Clerk to execute the attached Professional Services Agreement with Dr. David Santisteban for Job Analysis and Development and Validation of Permanent Selection Procedures for f'trertgbter I and Police Officer {Trainee. CONTRACf AMOUNT AND FUNDING: F"1Xed fee of $93,500.00. Funds are available from the f'tre Department's and Police Department's Professional Services budgets. BACKGROUND: On ]une 4, 1993. the court entered the final Consent Decree between the City of Miami Beach and the United States Department of Justice (DO]). The Consent Decree prohibits continued use of the City's previous written tests for F"trefighter I and Police Officer fTrainee and allows the City to develop alternative validated selection procedures for these entry level classifications. Under the terms of tbe Consent Decree, it is required tbat new written tests for F"trefigbter I and Police OfficerfTrainee be developed in conjunction with the DOJ and that tbe City contract with recognized experts. The experts selected and the method of validation used by such experts must be approved by the DO]. Outside legal counsel and the DOJ reviewed and approved the Request For Proposals (RFP) before it was issued by the City. Notice of RFP was sent to 24 individuals and agencies which perform job analysis and test development and validation. There was one proposal submitted in response to the RFP, that of Dr. David Santisteban. Dr. Santisteban's proposal was reviewed by the DO]. The DO] had no objections to the use of Dr. Santisteban, his proposal, and the methodologies for job analysis, test development, and test validation. Through competitive bidding procedures, the City has previously entered into Agreements with Dr. David Santisteban as low bidder. On June 1, 1990, the City contracted with Dr. Santisteban for the Sergeant of Police classification and, on October 10, 1990, for the Lieutenant of Police classification. These two contracts included the development of written tests only and did not include job analysis or test validation. On October 12, 1992. the City entered into a subsequent Agreement with Dr. Santisteban again for the Sergeant and Lieutenant of Police classifications. This project was much wider in scope than the first one. The project was started from saatch and conducted in accordance with the criteria established under Title VII of the Civil Rights Act and the EEO guidelines. Under this Agreement, the Consultant conducted thorough job- analyses, developed the two written tests based upon the results of the job analyses, and validated the two written tests. The last contract the City entered into with Dr. Santisteban was on July 28, 1993, for the classifications of Firefighter n, Fire Lieutenant, and rtre Captain. This project also included the essential factors of job analyses and test validation 9 as wen as the development of written and oral tests. AGENDA ITEM R-1-f OATE~ ~ coMMISSlON MEMO PROFESSIONAL SERVICES AGREEMENT P.2 It is required by the Consent Decree that any test development by tbe City shall include the preparation of written job analyses for entry-level F"trefigbter I and Police Officer (Trainee. The City and the DOJ entered into the Consent Decree because the DOJ alleged that the written examinations previously used by the City did nO( meet the criteria established under Title \11 of the Civil Rights Act and the EEOC Uniform Guidelines on Employee Selection Procedures. ANALYSIS: A. InSTORY OF TEST DEVELOPMENT RFPS RFLl128-8919O. Police Ser~ant Dr. David Santisteban $7,850 Burroughs, Wooten & Assoc. $7,640 + $5,000 for use of Job Analysis software + S40/each for more than 20 challenges + $2SO/hr for court testimony + travel Inti. Assn. of Chiefs of Police $11,000 + $3SO/day for expert testimony + travel Cooperative Personnel Services S13,918 + $67/br for litigation support + S26/hr for clerical O'Leary, Brokaw & Associates, Ine. $20,574 witb 2% discount for prompt payment RFLI 12-90/91. Police Lieutenant Or. David Santisteban $7,850 - sole bidder RFLI 33-93/94 rllcfii!tter I and Police Officer Dr. David Santisteban $93,500." sole bidder B. InSTORY OF PROJEcrs BY OR. SANTISTEBAN FOR THE CITY OF MIAMI BEACH .IMIe ctASSIFlCA TION(S) WSI SERVICES RENDERED June 01. 1990 Sergeant of Police $ 7,850 Develop Written Test (RFLI 128-89/90) October 10, 1990 Lieutenant of Police $ 7,850 Develop Written Test (RFLI 12-90/91) Odober 12, 1992 Sergeant of Police $55,800 2 Job Analyses Lieutenant of Police Develop 2 Written Tests (rate Reference 8-92/93) Validate 2 Written Tests July 28, 1993 rlfefigbter n $69,000 3 Job Analyses rlee Lieutenant Develop 2 Written Tests rlee Captain Develop 2 Oral Board Tests Validate all 5 tests April 20, 1994 rllefJghter I $93,500 2 Job Analyses Police Officer (Trainee Develop 2 Written Tests (RFP 33-93/94) Develop 2 Physical Ability Tests Develop 2 Oral Board Tests Develop 2 Interview Selection Procedures Validate all 8 selection procedures Develop 2 ADA compliant Job Specifications 10 4 .. COMMISSION MEMO PROFESSIONAL SERVICES AGREEMENT Page 3 C. CONSENT DECREE The attached Agreement between the City and Dr. Santisteban includes job analysis and test development and validation to which tbe DOJ bad no objection and whicb will be conducted in accordance with the provisions of the Consent Decree. The work to be completed under this Agreement will help insure the Adminisuation of fair job-related selection procedures to select a diverse group of the most qualilied Firelighters I and Police Officer rrrainees, and help protect the City against litigation under Federal law, especially Title VII of the Civil Rights Act. All work will be performed in accordance will all Federal. state, and local laws, regulations, and guidelines. includin& but not limited to, the EEO Uniform Guidelines 00 Employee Selection Procedures and the Americans with ~isabilities Act (ADA). D. EXPERIENCE OF DR. SANT1STEBAN Dr. Santisteban is considered to be an expert in this field and has extensive experience conducting job analyses and developing and validating civil service written tests, oral boards. and physical ability tests for entry level uniformed PoUce and rue classifications. This consultant bas also appeared as an expert witness and been successful in litigation locaUy in this field, regarding botb his work and as expert witness for the work of others. . As listed under Section B above, Dr. Santisteban has completed significant projects for the City of Miami Beach in the past. This consultant has extensive experience in this field and considerable experience with the City of Miami Beach. E. ORlENTATION(I'EST DEVELOPMENT PROGRAM In the Consultant's Proposal, there is an optional project component of developing and administering an Orientationrrcst Development Program. This component is not required by the Consent Decree, however. it is recommended that the Mayor and the Commission authorize the City Manager to exercise tbe option of extending the Agreement to include this option. As stated in the Consultant's proposal, .Given the City's concern about increasing the diversity of the work force, the nature of the Consent Decree, and the possibility that the different ethnic/gender groups may have very different backgrounds with respect to exposure to testing programs (be it wrinen, oral, or performance) it may be advisable to develop an orientation program in order to provide information to prospective applicants about the entire selection process, the requirements of the position, and the do's and don'ts of test taking, including written, oral. and performance tCSU.. CONCLUSIONz Dr. Oavid SaDtisteban has extensive experience in job analysis and test development and validation for entry level Pollce and Fue classifications. Further, Dr. Santisteban has previously performed these services for the City of Miami Beach for promotional FIre and Police classifications. Dr. Santisteban was the low bidder or the sole bidder for the last three Requests For Proposals. Therefore, it is recommended that the Mayor and tbe City Commission authorize the Mayor and the City Clerk to execute tbe attached Professional Services Agreement between the City and Dr. Santisteban. It is also recommended that the Mayor and City Commission authorize: the City Manager to exercise the option included in the Consultant's Proposal for an orientation/test preparation program. RMC:TCA:GPL:cp Attachment 11 NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA. THIS IS A CLAIMS MADE POLlCY - PLEASE READ CAREFULLY 11/22Z93 PSYCHOLOGISTS PROFESSIO~AL LIABILITY POLICY . , } Jo.Jo.Jo. R;::"j~"'AL Jo.Jo.oh ' NOTICE: A LOWER LIMIT OF LIABILITY APPLIES TO JUDGMENTS OR $E'rTC.EMENTSWHEN THERE ARE ALLEGATIONS OF SEXUAL MISCONDUCT (SEE THE SPECIAL PROVISION .SEXUAL MISCONDUCT" IN THE POLICY) DECLARATIONS ACCOUNT NO: FL-SAND950-0 0020341 ITEM 1.(b) ADDITIONAL NAMED INSUREDS: POLICY NO: PSY-5116044 ITEM 1.(a) NAME AND ADDRESS OF INSURED: DAVID SANTISTEBAN, PH.D. 95 HERRICK WAY SUITE 523 CORAL GABLES, FL 33134 TYPE OF ORG: INDIVIDUAL ITEM 2. ADDITIONAL INSUREDS: ITEM 3. . POLICY PERIOD: FROM: 12/01/93 TO: 12/01/94 12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE INSURED AS STATED HEREIN: $ 3,000.000 EACH WRONGFUL ACT OR SERIES OF CONTINUOUS. REPEAT OR INTERRELATED WRONGFUL ACTS OR OCCURRENCE AGGREGATE EACH WRONGFUL ACT OR SERIES OF CONTINUOUS. REPEAT OR INTERRELATED WRONGFUL ACTS OR OCCURRENCE ITEM 4. LIMITS OF LIABILITY: $ 1.000.000 ITEM 5. DEDUCTIBLE $ NON E ITEM 6. PREMIUM SCHEDULE: en Oi :> w ITEM 7. a: 0 ITEM 8. <( Q. <( CLASSIFICATION NUMBER ANNUAL PREMIUM PSYCHOLOGISTS 1 439.00 439.00 RETROACTIVE DATE: 12/01/92 TOTAL PREMIUM: 439.00 EXTENDED REPORTING PERIOD ADDITIONAL PREMIUM (If exercised): $ 7 b8. 00 ITEM 9. POLICY FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY: FORM ~ 52349 -8-91 FORM = 53131 8-92 FJ~~ 35 6/+l..,Jlc IC I\I,,",T t. ~1I I PRJ::MllJMHAS BEEN PAID. . , . . . J \ CITY OF MIAMI BEACH PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH (CITY) AND DR. DAVID SANTISTEBAN (CONSULTANT) FOR JOB ANALYSIS, SELECTION PROCEDURES DEVELOPMENT, AND VALIDATION FOR FIREFIGHTER I AND POLICE OFFICER/TRAINEE CLASSIFICATIONS THIS AGREEMENT, made this 20th day of April in the year of 1994, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the "City", which term shall include its officials, successors, legal representatives, and assigns, and DR. DAVID SANTISTEBAN, an individual, hereinafter called the "Consultant" for consultant services as stated herein. RFP NO. 33-93/94 -1- / . . Agreement: city Manager: Consultant: Final Acceptance: Fixed Fee: Project Coordinator: SECTION 1 DEFINITIONS This written Agreement between the city and the Consultant. "city Manager" means the Chief Administrative Officer of the City. For the purposes of this Agreement, Consultant shall be deemed to be independent an contractor, and not an agent or employee of the city. "Final Acceptance" means notice from the city to the Consultant that the Consultant's Services are complete as provided in section 4.8 of this Agreement. Fixed amount paid to the Consultant to allow for his costs and margin of profit. An individual designated by the city Manager to coordinate, direct and review on behalf of the City all technical matters involved in the Scope of Work. -2- . . Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. services: All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement described in section 2. Termination: Termination of Consultant Services as provided . . f , ln Sectlon 4.9 of thlS Agreement. Task: A discrete portion of the Scope of Services to be accomplished by the Consultant, as described in section 2 herein, if directed and authorized. SECTION 2 SCOPE OF WORK AND SERVICES REOUIRED The Scope of Work for this proj ect to be performed by the Consultant is set forth in the RFP 33-93/94 and the Consultant's Proposal which is attached as Exhibit A. All terms of the RFP are hereby incorporated by reference. -3- . . SECTION 3 COMPENSATION 3.1 LUMP SUM FIXED FEE Consultant shall be compensated for the Services performed herein on a lump sum fixed fee basis of Ninety-three Thousand Five Hundred Dollars ($93,500.00) to include all out-of- pocket and other expenses incurred by the Consultant for Job Analysis: written Test, Oral Board, Physical Ability Test, and Selection Interview Development and Validation: Administration of Oral Board and Selection Interview to 15 applicants each: and Development of Job Specifications for Firefighter I and police Officer/Trainee. The city Manager may exercise the option included in the Consultant's Proposal to develop and administer an orientation/test preparation program for an additional sum not to exceed Ten Thousand Dollars ($10,000) to include all out-of-pocket and other expenses incurred by the Consultant. 3.2 METHOD OF PAYMENT 3.2.1 Monthlv Payment Payment shall be made to the Consultant monthly pursuant to invoices submitted by the Consultant which detail percentage of completion of each task. Invoices shall be accompanied by a narrative progress report which supports the invoices, and shall contain a statement that the items set forth therein are true and correct and in accordance with the Agreement. payments of such invoices shall be made within 30 days of receipt by city. -4- , . SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONSULTANT with respect to the performance of the services, the Consultant shall exercise that degree of skill, care, efficiency, and diligence normally exercised by recognized professionals with respect to the performance of comparable services. In its performance of the Services, the Consultant shall comply with all applicable laws, ordinances, and guidelines including but not limited to applicable regulations of the city, county, State, Federal Government, ADA, EEO Regulations and Guidelines. Additionally, the Consultant shall provide such information as may be requested by the Department of Justice and directed by the city under the terms of Consent Decree as entered in United States v. citv of Miami Beach, Case No. 91-2926-CIV-NESBITT. 4.2 PUBLIC ENTITY CRIMES state of Florida Form PUR 7068, Sworn Statement under Section 287.133 (3) (a) Florida Statute on Public Entity Crimes, Exhibit "C". 4.3 PROJECT MANAGEMENT The Consultant shall appoint a qualified individual acceptable to the City to serve as Project Manager for the Services who shall be fully responsible for the day-to-day activities under this Agreement and who shall serve as the primary contact for the city's project Coordinator. -5- . . . , 4.4 TIME OF COMPLETION The services to be rendered by the Consultant shall be commenced upon receipt of a written Notice to Proceed from the city subsequent to the execution of this Agreement, and Consultant shall adhere to the completion schedule as outlined in the Consultant's Proposal attached hereto as Exhibit "A". A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by any circumstances beyond the reasonable control of the Consultant, including weather conditions or acts of God which render performance of the Consultant's duties impracticable. Such extensions of time shall not be a basis for any claim by the Consultant for additional compensation, unless an extension is based on a delay caused solely by the City and is in excess of sixty (60) days. 4.5 NOTICE TO PROCEED Unless directed by the city otherwise, the Consultant shall proceed with the work only upon issuance of a Notice to Proceed by the City. 4.6 OWNERSHIP OF DOCUMENTS AND EQUIPMENT All documents, including but not limited to test and test scoring data or programs stored electronically, prepared by the Consultant pursuant to this Agreement, are related exclusively to the Services described herein. They are intended or represented to be suitable for reuse by the city. -6- I . " 4.7 INDEMNIFICATION Consultant agrees to indemnify and hold harmless, the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic, or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omission or other wrongful conduct of the consultant, employees, or agents in connection with the Consultant's performance of Services pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgements which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total Compensation to the Consultant for performance of this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. The Consultant's obligation under this article shall not include the obligation to indemnify the City of Miami Beach and its officers, employees, and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees, and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. -7- . . . , 4.8 INSURANCE REOUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this section has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the term of this Agreement and throughout the duration of this project the following insurance: 1. Consultant Prof.essional Liability in the amount of $1,000,000.00. For a claims made policy, the Consultant agrees to carry five (5) years tail coverage after work is completed, or maintain a comparable policy for five (5) years, provided that such comparable policy shall include coverage for prior acts effective from the date of execution of this Agreement. A certified copy of the Consultant's (and any subconsultants') Insurance Policy must be filed and approved by the Risk Manager prior to commencement. 2. Workers Compensation & Employers Liability as required per Florida statutes. 3. Thirty (30) days written notice of cancellation or substantial modification in the insurance coverages must be given to the City by the Consultant and his insurance company. 4. The insurance must be furnished by insurance companies authorized to do business in the state of Florida and approved by the City's Risk Manager. 5. Original certificates of insurance for the above coverages must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, city -8- " Hall. 6. The Consultant is responsible for obtaining and submitting all insurance certificates for their consultants. All insurance policies must be issued by companies authorized to do business under the laws of the state of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this section or under any other portion of this Agreement, and the City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverages. 4.8.1 Endorsements All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. -9- , , 4.8.2 Certificates Unless directed by the city otherwise, the Consultant shall not commence any services pursuant to this Agreement until the City has received and approved, in writing, certificates of insurance showing that the requirements of this section (in its entirety) have been met and provided for. 4.9 FINAL ACCEPTANCE When the Consultant's services have been completed, the Consultant shall so advise the City in writing. Final Acceptance shall not constitute a waiver or abandonment of any rights to remedies available to the City under any other section of this Agreement. 4.10 TERMINATION, SUSPENSION AND SANCTIONS 4.10.1 Termination for Default If through any cause within the reasonable control of the Consultant, the Consultant shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate the Services then remaining to be performed by giving written notice to the Consultant of such termination which shall become effective upon receipt by the Consultant of the written termination notice. In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other work products prepared by the Consultant and its -10- .. subcontractors shall be properly delivered to the city and the city shall compensate the consultant in accordance with section 3 for all services performed by the Consultant prior to Termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the city by virtue of any breach of the Agreement by the Consultant and the City may reasonably withhold payments to the Consultant for the purposes of set off until such time as the exact amount of damages due the city from the Consultant is determined. 4.10.2 Termination for convenience of city The city may, for its convenience, terminate the Services then remaining to be performed at any time by giving written notice to Consultant of such termination, which shall become effective seven (7) days following receipt by Consultant of the written termination notice. In that event, all finished or unfinished documents and other materials as described in section 2 shall be properly delivered to the city. If the Agreement is terminated by the city as provided in this section, the city shall compensate the Consultant in accordance with section 2 for all Services actually performed by the Consultant and reasonable direct costs of Consultant for assembling and delivering to City all documents. Such payments shall be the total extent of the city's liability to the Consultant upon a Termination as provided for in this Section. -11- " 4.10.3 Termination for Insolvencv The city also reserves the right to terminate the remaining services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in section 4.10.2. Sanctions for NoncomDliance with Nondiscrimination provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such Agreement Sanctions as the City or the state of Florida may determine to be appropriate, including but not limited to withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the services, in whole or in part. In the event the City cancels or terminates the Services pursuant to this section the rights and obligations of the parties shall be the same as provided in section 4.10.2. 4.10.4 4.10.5 Chanqes and Additions Each such change shall be directed by a written Notice signed by the duly authorized representatives of the Consultant. Said Notices shall provide an equitable adjustment in the time of performance, a reallocation of the task budget and, if applicable, any provision of this Agreement which is affected by said Notice. The City shall not reimburse the Consultant for the cost of -12- . , " preparing Agreement change documents, written Notices to Proceed, ' or other documentation in this regard. 4.11 ASSIGNMENT. TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer his/her rights or obligations under this Agreement without the written consent of the city. When applicable and upon receipt of such consent in writing, the Consultant shall cause the names of the individuals or consulting firms responsible for the major portions of each separate specialty of the work to be inserted into the pertinent documents or data. The Consultant shall include in such subcontracts the appropriate versions of the sections of this Agreement as are necessary to carry out the intent of this Agreement, as instructed by the City. 4.12 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of age, ancestry, citizenship or intending citizenship status, color, disability, gender, marital status, national origin, place of birth, race, religion, or sexual orientation. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their age, ancestry, citizenship or intending citizenship status, color, disability, gender, marital status, national origin, place of birth, race, religion, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or -13- , . " termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.13 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Dade County Conflict of Interest Ordinance (No. 72- 82), as amended; and by the city of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the congress of the United states shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 4.14 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available to the city for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of -14- . I ~ any application for copyright or patent by or on behalf of the Consultant or its employees or subcontractors. 4.15 NOTICES All communications relating to the day-to-day activities shall be exchanged between the project Manager appointed by Consultant and the project Coordinator designated by the City. The Consultant's project Manager and the city's Project Coordinator shall be designated promptly upon commencement of the Services. All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch) . Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: David santisteban, Ph.D. The Alahambra West 95 Merrick Way- suite 523 Coral Gables, Florida 33134 (305) 445-2471 TO CITY: city Manager city of Miami Beach City Hall, 4th Floor 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7010 -15- . \ ~ WITH COPIES TO: Office of the city Attorney city of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.16 LITIGATION JURISDICTION Any litigation between the parties, arising of, or in connection with this Agreement, shall be initiated either in the court system of the state of Florida or the united states District Court for the Southern District of Florida. 4.17 ENTIRETY OF AGREEMENT This writing and the Scope of Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. The Scope of Services are hereby incorporated by reference into this Agreement to the extent that the terms and conditions contained in the Scope of Services are consistent with the Agreement. To the extent that any term in the Scope of Services is inconsistent with this Agreement, this -16- , . . , Agreement including the Scope of Services shall prevail. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the city commission of the city of Miami Beach. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. 4.18 LIMITATION OF CITY'S LIABILITY The city desires to enter into this Agreement only if in so doing the City can place a limit on the city's liability for any cause of action for money damages due to an alleged breach by the city of this Agreement, so that the city's liability for any such breach never exceeds the sum of Ninety-Three Thousand Five Hundred Dollars and no/100 ($93,500.00). Consultant hereby expresses his/her willingness to enter into this Agreement with Consultant's recovery from the city for any damage action for breach of contract to be limited to a maximum amount of $93,500.00 less the amount of all funds actually paid by the city to Consultant pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the city shall not be liable to the Consultant for damages in an amount in excess of $93,500.00 which amount shall be reduced by the amount actually paid by the city to consultant pursuant to this Agreement, -17- for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the city by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon city I s liability as set forth in Florida statutes, section 768.28. 4.19 ARBITRATION Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the commercial Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgement upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, including any controversy or claim relating to the right to specific performance shall be settled by litigation and not arbitration. -18- , , IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: By:jG~ C.~ City Clerk, Richard Brown FOR CONSULTANT: WITNESS: ~~ ~oej~ Human Resource Department GPL:cp Contract #2:\RFP93-94 DAVID SANTISTEBAN, Ph.D. By: -19- EXHIBIT A , ~ i . DAVID SANTISTEBAN. PH. D. PSYCHOLOGIST and Proposal to Conduct Job Analyses, Selection Procedure Development, Validation for Firefighter I and police Officer/Trainee February, 1994 THE ALHAMBRA WEST. 95 MERRICK WAY. SUITE 523 e CORAL GABLES. FLORIDA 33134 · (305) 445-2471 . , TABLE OF CONTENTS I. Firm II. Experience of Firm III. Project Plan A. Job Analyses B. Written Tests C. Oral Boards D. physical Ability Tests E. Selection Interviews F. Revise Job Specifications G. Pilot Test Preparation/Orientation H. General Services IV. Documentation and Follow-Up V. Project Security VI. Litigation Experience VII. Insurance VIII. Affirmative Action IX. Diversification of Income X. Project Schedule XI. Cost Breakdown Exhibits 1. Curriculum Vitae 2. Work Sample 3. Litigation Experience 4. Liability Insurance Certificate 2 Page 3 3 5 8 8 9 10 10 Program 1 1 1 1 12 14 15 15 15 16 16 17 I , I. FIRM This proposal is being submitted by an independent consultant, Dr. David Santisteban, who will be responsible for the development and implementation of the complete project. As will be seen in subsequent sections, Dr. Santisteban has extensive experience with the scope of work being addressed in this proposal. His personal involvement ensures the quality of work from proposal development to successful project conclusion. Dr. Santisteban's Curriculum vitae is included as Exhibit 1. II. EXPERIENCE OF FIRM FOR PROPOSED PROJECT The Proposer has extensive experience in conducting job analyses and developing and validating civil service written tests, oral boards, and physical ability tests (both entry level and promotional) for uniformed positions, including Fire, police, and Correctional Officers. The methodology employed has been primarily that of Content Validity with extensive input from departments' Subject Matter Experts in all phases of the project (i.e., task analysis, test content areas, passing points) in order to insure job relevancy of tests and to link cut-off scores to performance criteria: Major clients in comparable projects include Metropolitan Dade County, City of Coral Gables, and City of Miami Beach. More specifically, the Proposer has been responsible for the development of police and fire entry level and promotional exams. Validation activities have included task analyses to determine the areas to be assessed, development and administration of the different components of the assessment process (e. g., wri tten test, oral boards, physical ability tests), and the relative weight to be assigned to each. The Proposer is currently in the process of completing two major projects for the City of Miami Beach which included task analyses and written test development for the police promotional series (Sergeant and Lieutenant) and task analyses, written tests, and oral boards for the Fire promotional series (Firefighter II, Lieutenant, Captain). The Proposer has also recently comp 1 eted task analyses for the Metropolitan Dade County entry level classifications of police Officer and Firefighter. Work with these classifications have also included the development of entry level written tests, oral boards, and physical capability tests. 3 ;,}~ .J< ",h". ~. I , A. Metropolitan Dade County 1 . For the 1 ast ten years, Dr., Sant i steban has served as the in-house consu 1 tant in the area of job anal ys is, test development,. and val idation. In this capacity, he has been responsible for the development of entry level anq promotional tests for over 100 job classifications, including the uniformed positions (Fire, police, Corrections). 2. Contact persons: Mr. Donald Allen Director, Personnel Services Division Metro Dade Government Center 111 NW 1st Street, suite 2020 Miami, Florida 33131 (305) 375-2670 Mr. Lee Kraftchick Assistant County Attorney Metro Dade Government Center 111 NW 1st Street, suite 2800 Miami, Florida 33131 (305) 375-5725 B. CITY OF CORAL GABLES 1 . For the last seven years the Proposer has provided test development and validation services to the Coral Gableg Fire and police Departments. These services hav~ included job analyses and development and validation Of promotional multiple-choice written tests based on all established reading list. 2. Contact person: Alice Smith, Personnel Analyst Employee Relations Department 2327 Salzedo street Coral Gables, Florida 33134 (305) 442-6472 C. CITY OF MIAMI BEACH 1. The Proposer has developed written tests for the Police and fi re promotional series. In the Fi re Department these tests were complimented by an oral board. The multiple-choice tests were based on a promotional reading list. The content and relative weight of the areas tested were based on extensive job analyses which included surveys, panel of subject matter experts, field observations, and interviews. 2. Contact person: Gail Poe-liu Examinations Supervisor City of Miami Beach City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7520 III. PROJECT PLAN The methodology being proposed is based on a Content Validity model of test development which calls for extensive documentation of major Knowledges, Skills, and Abilities (KSAs) through a job analysis and adequate sampling of such KSAs through the selection instruments. The methodological procedures to be followed for each task included in the proposed scope of work are described below. All aspects of the project will be completed in a manner which complies with the terms of the Consent Decree and which meets with the approval of the Department of Justice and the Court. Task A - Job Analvsis The job analysis methodology to be used in this project will rely heavily on the use of questionnaire methods and input from Subject Matter Experts (SMEs). The methodology conforms to professional and legal standards as outlined in the American Psychological Association's (APA) Standards on Education and Psychological Tests, the APA's Division of Industrial/Organizational Psychology Principles on the Validation and Use of Personal Selection Procedures, and the Uniform Guidelines on Employee Selection. The requirements of the American with Disabilities Act will also be incorporated into the methodology. A. Develooment of Initial Survey Questionnaires: A panel of SME's will be selected to provide detailed information on the classification through the use of an open-ended 5 , . Position Description Questionnaire. This instrument will collect information on key functions, tasks, abilities, know1edges and situations relevant for effective performance on the job. Individual responses will be summarized in order to identify areas most common to the position. In addition, panel members wi 11 review tasks, know1edges, and abilities inventories from previous job analyses and existing job specifications in order to determine their relevance to the classification. Panel members will be selected on the basis of: 1) familiarity with the position (i.e., incumbents and their immediate supervisors). 2) representation of the various geographic locations (i.e., stations) served by the department. 3) ethnic and gender representation of the work force. B. Develooment and Distribution of Job Analysis Questionnaire: A final questionnaire will be developed based on the input from the SME Panel. The questionnaire will consist of several parts: Part 1 - RatinQs of Imoortance and Freauency of Tasks Information obtained from the open ended questionnaires and input from the SME Panel will be used to generate a list of tasks that could be related to successful performance on the job. Respondents wi 11 be asked to rate each task on a Likert-type seal e according to its importance and frequency of occurrence. Questionnaire responses will tasks considered important for pos it ion. Tasks wi th ratings of from further analyses. be analyzed to determine those successful performance in the low importance will be dropped Part 2 - CateQorization of Tasks into Duty Areas Existing literature in the field and job analysis information for the position will be used to identify categories of activities that would seem to describe the majority of tasks considered important by the respondents. These categori es or .. Duty Areas" will be generated based on the content of the tasks. These Duty Areas will be reviewed by the SME Panel. In order to support the integrity and relevance of the Duty Areas, respondents will be asked to categorize each of the important tasks according to the relevant duty areas. This linkage will provide an index of the relative weight or importance of each Duty Area. 6 , . Parts 3 and 4 - ImDortance RatinQs of KnowledQes and Abilities Respondents will be asked to rate the importance of abilities, knowledges that might be required in order to perform each of the duty areas previously identified. abilities, skills, and knowledges will be drawn from analyses and will be reviewed and updated by the SME skills and successfully The lists of previous job Pane 1 . The linkage between knowledges, skills, and abilities and the respective duty areas will provide two important indices: a) the relative weights to be assigned to instruments measuring knowledges (job domain measured by written test), those measuring abilities (job domain measured by oral boards), and those measuring skills (physical capability tests). b) the re 1 at i ve we i ght to be ass i gned to each know 1 edge, skill, and ability areas. Part 5 - Trainabilitv RatinQs of KSAs Respondents wi 11 rate each KSA accord i ng to how eas i 1 y it could be enhanced on the job or through a formal training program. Selection device development will focus on measuring KSAs that the candidates are expected to possess prior to any formal or on the job training or areas where the candidates can demonstrate their ability to learn required material (such as in the police and fire academi es) . Part 6 - Identification of Essential Functions In addition to the ratings indicated above, respondents will be asked to provide input on the essential functions of the job and work condition requirements following current ADA guidelines. The final questionnaire will be distributed to a large representative sample of incumbents. The sampling strategy to be used will depend on the actual breakdown of the work force, based on such factors as ethnicity, gender, work locations, and job functions. This information will be obtained from the city once the contract is awarded. The overriding guidelines to be followed include representation of ethnic and gender groups at each step of the process and use of incumbents and immediate supervisors who are familiar with the generic functions of the position. It is recommended that the job analysis activities be presented to the incumbents as an important task for the respective department (police or Fire). Therefore, cover letters, traces, and follow up activities need to take place with the collaboration of the department's administration. By the same token, the 7 . ' respondents need to be assured that the confidentiality of their responses will be safeguarded and that the information obtained will be reported only as group data without identifying individuals. Task B - Develooment of Written Tests The methodology being proposed is based on a Content Validity model of test development which calls for adequate sampling of the ability to learn the major KSAs required of the position. The samp 1 i ng of content areas wi 11 be based on the actual content of the major KSAs. Items wi 11 be wri tten in order to discriminate between different levels of performance on the re 1 evant areas. Profess i ona 11 y accepted methods of item construction will be followed in order to insure such desirable psychometric properties as good level of difficulty, clear discrimination among test takers, freedom from ethnic and gender bias. The above procedure will insure that all items are at an appropriate level of difficulty for the position, that all items are linked to specific KSAs, and that redundancy and confounding are avoided. Task C - Job Simulation Oral Boards Job Simulation Oral Boards are being recommended as a cost- effect i ve a 1 ternat i ve to assessment center methodology. The job simulation boards are simpler to administer than assessment centers, and except for the role playing type of simulations, they provide a wide range of scenarios that can be used to assess major ability areas. This is especially the case with entry level positions such as police Officer/Trainee and Firefighter. As indicated above, the Proposer has recently completed the development and administration of job simulation oral boards for the classifications of Fire Lieutenant and Fire Captain in the City of Miami Beach. The s i mu 1 at ions i nc 1 uded emp 1 oyee counse 1 i ng, dealing with cultural diversity in the work force, fireground tactics, and community relations. The instruments developed were well received by the panel of raters and allowed for the smooth and efficient processing of the candidates. The oral test selection device will be developed on the basis of job analysis results. This device will measure the major KSAs or behavioral dimensions required to satisfactorily perform the duties of the position. The items will also reflect the relative importance of the areas and will seek to discriminate among anticipated levels of job performance. 8 , ' The instrument will have a standardized and detailed procedure for administration, presentation of items, rating of responses, and scoring. It will be administered by a panel of at least three individuals with appropriate ethnic and gender representation. Training will be provided in order to standardize the administration and rating process. The raters will also be selected on the basis of previous experience with oral boards and wi 11 ingness to train in a structured assessment process. The training of raters will consist of an explanation of the instrument and guidelines for administration and rating to ensure consistency both within and between raters. Raters must be able to evaluate candidates based on observed behaviors or responses and substantiate their ratings with step by step documentation. The panel will do their ratings independently and the ratings will be aggregated statistically. The Job Simulation Oral Boards will consist of job related scenarios developed on the basis of critical incidents provided by SMEs. Critical incidents provide information on effective and i neffect i ve performance on the target pos i t i on thus 1 ink i ng the candidate's response to an anticipated performance level. Information is also provided on the level of difficulty of the scenarios thus allowing for a broad pool of items that can be balanced and mixed so that candidates are administered parallel forms of the instrument if needed. The candidates will be given a brief orientation with respect to time frame, general nature of questions/scenarios, and parameters of the interview (e.g., follow-up questions). Task 0 - physical Ability Tests The Proposer will develop physical ability tests (PAT) as needed for both classifications based upon the results of the job analysis. The PAT will consist of work sample type of simulations which are content valid and are administered and scored in a standard format. In order to establish passing scores, a pilot study may be conducted wi th a samp 1 e of job incumbents in each classification. One of the major issues in the utilization of PATs in fire departments has to do with their impact on female applicants as well as the swimming component's impact on Blacks. These issues will be addressed in the pilot study. The PAT will be developed on the basis of the state-of-the- art methodology in this field. The Proposer has recently completed a development and validation project for a physical capability test for firefighters. The methodology used proved successful in providing a product that was highly relevant to the position while at the same time mitigating the possible adverse impact problems noted above. 9 Task E - Job Interview Selection Device 1. Development of a Job Interview Selection Device: The Proposer will develop, facilitate and monitor administration of, analyze, interpret results, and validate a job interview selection device and process based upon the job analysis in order to compliment the oral boards. In differentiating it from the Job Simulation Oral Board, the Selection Interview will focus more on the past work history of the candidate, how job experience links to the position being sought, and the candidate's ability to interact with the interview panel, including overall presentation and communication skills. The goal is to make th is step in the se 1 ect i on process more targeted at achieving a match between the applicant and the department. The i terns to be used in th is instrument will be 1 inked to specific KSAs or behavioral dimensions identified through the job analysis and will reflect the relative importance or criticality to successful job performance. The desired responses to the items and standards by which candidates will be evaluated and scored will also be provided. This instrument could also be administered by an interview panel with the appropriate ethnic/gender representation. However, in contrast to the Oral Boards, the panel could have representation of department personnel. Again, the idea is to make this step in the process more position-specific with departmental staff being able to provide input into the selection process. Training will be provided for these raters along with practice exercises where ratings can be discussed and standardization can be achieved. 2. Review Job Interview Selection Device Prepared by City: The Proposer wi 11 review and recommend any improvements or modifications to the job interview selection device and process submitted by the City. The review will be based upon the job analysis results, and will include an evaluation of standards/criteria by which applicants would be evaluated. Task F - Revise Job SDecifications The current job specifications for the police Officer/Trainee and Firefighter classifications will be updated based on the results of the job analyses. The results will include, but not be limited to, information on: nature of work; examples of work performed; knowledges, skills, and abilities; work condition requirements, supervision received 10 . ' . and supervision exercised. Essential job junctions will be noted as per ADA. A SME panel will provide feedback on the final draft of the revised job specification. Task G - Pilot Test PreDarat;on/Or;entat;on Program Given the City's concern about increasing the diversity of the work force, the nature of the Consent Decree, and the possibility that the different ethnic/gender groups may have very different backgrounds with respect to exposure to testing programs (be it written, oral, or performance) it may be advisable to develop an orientation program in order to provide information to prospective applicants about the entire selection process, the requirements of the pos it ion, and the do's and don'ts of test-tak i ng, i ncl udi ng written, oral, and performance tests. There are a coup 1 e of mode 1 s that cou 1 d be used in th is orientation/test preparation program. One model could include a general one-time orientation/test preparation session for all applicants who meet the minimum requirements. An alternative model could have more in depth sessions as applicants progress through the selection process in order to help them become more familiar with the next test that they will be taking. Again, the extent of the program could vary from a general overview of the process to a more detailed preparation course which could include sessions on how to interview and a videotape of the physical ability test. This orientation/preparation program would take into account the different socio-cultural backgrounds of the applicant pool and would represent a very proactive way of "level ing the playing field" for motivated but possibly disadvantaged minority applicants. Task H - General Services In addition to the scope of work enumerated above, the Proposer wi 11 : 1. Prepare and deliver such presentations and participate in such discussions, proceedings, as may be requested to comply with Department of Justice and court requests and requirements. 2. Remain available on an as-needed basis to answer any questions or clarify or interpret the results of any individual's results. 3. Provide supplemental written material and training to City personnel to faci 1 itate the use of the selection device results and reports. 1 1 , ' . 4. Defend and/or represent the City and testify on the City's behalf if any claims or allegations are made regarding the services provided including, but not limited to, the validity of the test battery or evaluation methods or results. 5. Maintain all raw test results and notes with respect to each individual evaluated for the time period set forth in Florida records retention or other applicable laws or as specified by the City, whichever is greater. 6 . Research and investigate to insure that all procedures, results, and interpretations are reliable, cross-cultural, and legally defensible purposes used. tests, valid, for the IV - DOCUMENTATION AND FOLLOW-UP Technical Reoorts: The process involved in each of the above tasks (e.g., Job Analysis, Written Tests, Oral Boards, Selection Interview) will be documented through comprehensive technical reports, including methodologies, rationales, procedures, and results. Summary and descriptive statistics will be provided for the candidates' performance on all selection instruments. An applicant flow chart will be developed to include each step in the selection process and the outcome by ethnic and gender groups. In addition, ethnic, age, and gende r group compar i sons will be conducted on the bas is of passing rates and average scores. Recommendations will be made for future reduction of any adverse impact, as needed. The psychometric properties of the instruments identified, including but not limited to, reliability, tendencies, and difficulty and discrimination indices. wi 1 1 be central A sample technical report (certain sections only) for a uniformed promotional classification is included in Exhibit 2. Resoonse to Item Challenges: For each of the se 1 ect ion instruments, the Proposer wi 11 review candidates' challenges and will provide a written response with justifications for upholding or denying such challenges. Determining Passing Score: The methodology for determining the appropriate passing score for each of the procedures will be based on ratings provided by SMEs in terms of what they consider to be minimum proficiency levels. The Angoff Method will be used to establish a cut-off for the 12 . . written test. This procedure is well recommended both from a legal and professional standpoint, and includes the following steps: a) a panel of Subject Matter Experts is selected based on security concerns, fami 1 iarity with the position, and ethnic/gender representation. These are usually Captains or above who have already gone through the Civil Service testing process; b) concurrent with test administration, the panel meets to provide ratings on each test item. A rating of relevancy is obtained to document the appropriateness of each test item to the position. A rating of item difficulty is obtained to link the passing score to an expected performance level. c) The level of difficulty ratings are tabulated and a projected passing score is established. The projected passing score is then used as a guideline for establishing the actual cut-off by taking into account the psychometric properties of the test, including level of difficulty and the distribution of scores. DeveloD and Recommend Method of Final Selection and Any Other Process: Based on the results of the above-named tasks, the Proposer will: 1. Prepare written recommendations as to the method(s) of referring qualified candidates from the Eligible List to the Appointing Authority for interview, consideration and se 1 ect ion. Recommendat ions w j 11 i nc 1 ude number of candidates to be referred, method of selection (e.g., banding of score), and appropriate supporting rationale and criteria. 2. Prepare and prov ide wr i tten recommendation of methodo logy and procedures for making final selections from among qualified candidates. 3. Prepare written recommendations on any additional selection steps that may be needed, such a background investigation, drug use history, polygraph, psychological and/or psychiatric evaluations. The Proposer will make these recommendations based not only on the results of the present study, but also on the state of the art literature in the field. A means of combining the scores wi 1 1 also be provided as applicable. There are a couple of alternatives which will be discussed with the City, including rank ordering and banding. For instance, it may be possible to use certain instruments which are 13 . . known to have adverse impact when used for rank-ordering (e.g., written test, physical ability test) on a pass/fail basis and then band the scores on the Oral Board into 3 or 4 categories from Least Qualified to Most Qualified, giving the department the flexibility to interview from the top categories down. The Selection Interview could then be used to make the final determination on hiring. Insuring Quality Control: Professionally accepted methods of item construction will be followed in order to insure such desirable psychometric properties as good level of difficulty, clear discrimination among test takers, and freedom from ethnic and gender bias. The above procedures will insure that all items are at an appropriate level of difficulty for the position, that all items are linked to spec if i c KSAs, and that redundancy and confoundi ng are avoi ded. The Proposer will be primarily responsible for developing all items and supervising typing in order to insure the quality of the product in terms of clerical and grammatical errors. Freedom from ethnic and gender bias will also be insured by a conscientious review of the material. The Proposer follows the legal and professional standards of the field, especially as exemplified in the Uniform Guidelines on Employee Selection Procedures and the American Psychological Association's Division of Industrial/Organizational Psychology Principles on the Validation and Use of Personnel Selection Procedures. This ensures adherence to well established professional standards and case law. Potential Problem Areas: One of the potential problem areas identified in this project is the amount of information that needs to be obtained from SMEs (incumbents and their supervisors). The collaboration of the respective departments will therefore be critical in expediting the distribution and collection of survey instruments. Coordination with Other Projects: If the City joins with other local government agencies in a separate contract for parts of th is project, the Proposer wi 11 coordinate with the consultant of the multi-agency project to ensure a legally defensible, technically sound final product. v. PROJECT SECURITY The Proposer will be personally responsible for safeguarding the security of the selection instruments and any related materials. All related materials will be kept at the Proposer's office and will not be shared with anyone except those individuals designated by the City as having security clearance. 14 The selection instruments will be developed specifically for this classification and will not be used for any other classification or department either now or in the future. Since the Proposer resides in the local area, it will be easy to hand carry materials to and from the City. Bonded messenger service will also be used as needed. The Proposer will, in collaboration with the City, develop a schedule for material retention, storage, and destruction. Materials that are no longer needed will be shredded. The Proposer is well aware of the importance of safeguarding the security and credibility of the project. VI. LITIGATION EXPERIENCE The Proposer has served as an expert witness in the area of test development and validation, including job analysis methodology, in a number of arbitration hearings and court cases (see Curriculum Vitae, Exhibit 1). Exhibit 3, includes documentation of the Proposer's successful defense of test development and validation practices in expert testimony provided in Federal Court. As can be seen by excerpts from the Judge's opinion, the Court was favorably impressed by the Proposer's testimony and ruled in favor of his testing and validation practices. The Proposer recently assisted the City of Jacksonville in preparing the defense on an age-discrimination case against the pol ice department's promotional procedures which included a written test and an assessment center. The ass i stance prov i ded i nc 1 uded data analysis, literature review, and written expert testimony. VII. INSURANCE The Proposer carries professional liability insurance of $1,000,000 per occurrence and $3,000,000 aggregate (see Exhibit 4, for Liability Insurance Certificate). VIII. AFFIRMATIVE ACTION The Proposer will ensure that there will be no discrimination as to race, sex, color, creed, or national origin in regard to obligations, work, or services performed under the terms of this contract. IX. DIVERSIFICATION OF INCOME It is projected that this contract will comprise approximately 50-60 percent of the Proposer's income. 15 x. PROJECT SCHEDULE: concurrently. Activity Both classifications to be done Weeks into Proiect A. Job Analysis 1 . 2 . 3. 4. 5 . 6 . Prepare preliminary list of tasks and KSAs based on existing information. Select SME panel and larger sample of incumbents and supervisors. Finalize survey questlonnaires. Complete survey of large sample of incumbents. Complete analyslS of data. Complete prellminary report for lnstrument development. B. Wntten Test 2 . 3. 1 . Complete final draft based on job analysis results (100 ltems). Respond to challenges, if applicable. Final scoring and eligible register. C. Ora 1 Board 1 . Obtain critical incldents from SMEs. Finalize instrument format and scOrlng procedure. Train Raters and admlnister instruments Respond to challenges, if applicable. Final scoring and eligible register. 2. 3 . 4. 5. D. Physical Ability Test 1 . 2. 3. 4. Obtain work samples from SMEs. Finalize instrument format. Conduct pilot study. Finalize scoring procedure. E. Selection Interview 1 . Finalize instrument format and scoring procedure. Train raters and administer instruments. Respond to challenges, if applicable. Final scoring and register of participants' overall results. 2. 3. 4. 16 02 03 04 08 10 12 14 16 17 10 15 18 20 21 12 16 20 22 20 24 26 28 F. Revise Job Specifications 1 . Complete first draft of revised job specification. Obtain feedback from SMEs. Complete final draft. 20 22 24 2. 3. XI. COST BREAKDOWN A. Job Analysis B. Written Test C. Oral Board* D. physical Ability Test E. Selection Interview* 1. Develop Instrument 2. Review Instrument F. Job Specification G. Pilot Program** Cost: police Fire $ 10,500. $ 10,500. $ 7,975. $ 7,975. $ 11,200. $ 11,200. $ 7,850. $ 10,850. $ 6,250. $ 6,250. $ 2,240. $ 2,240. $ 1,475 $ 1 ,475. "" Activity: Total $41,240.-$45,250. $44,240.-$48,250. *Includes the time involved in facilitating and monitoring administration of instruments to an initial group of candidates (15 per procedure). Additional charges for monitoring continued administration of instruments will be made at the rate of $300 to $500 per day depending upon the Proposer's level of involvement in the process. **The optional Test Preparation/orientation program would cost from $3,000 to $5,000 depending upon the extent of the program and the involvement of City staff in the delivery of services. 17 RBQUBST FOR PROPOSALS NO. 33-93/94 CITY 0' MIAMI BEACH To Be Opened on 2/3/94 at 2:00 P.M. PRO P 0 S A L For providing the services of job analysis, job specifications development, selection device development, and validating each component and entire selection process for Firefighter I and police Officer/Trainee classification for the City of Miami Beach, per foregoing specifications: Lump Sum Fee $ gs, '1;'0 - '9'iS-oO ; Any additional fees not included in lump sum fee (describe): Exnert ''';i tness 12S.()O /~ . $ $ $ Amend:i1ent No.3: GE RECEIPT 01" ADDENDUM (11" NECESSARY) , BIDDERS ~ SIGN Amendment No.1: Amendment No.2: ANY LETTERS. ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE PROPOSAL MUST BE SUBMITTED WITH SIX (6) ADDITIONAL COPIES. SUBMITTED BY: TELEPHONE: execute this proposal and COMPANY: SIGNED: NAME/TITLE ADDRESS: CITY/STATB: ZIP: RFP NO: DATE: 33-93/94 1/6/94 CITY OF MIAMI BEACH 42 t '\ gBCT .1RATI:ON TO: Roger M. Carlton City Manager City of Miami Beach, Florida .,~ Submitted this ~ day of F&. e~v~ , 1994 The undersigned, as bidder/proposer (herein used in the masculine, singular, irrespective of actual gender and number) declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The proposer further declares that he/she has complied in every respect with all of the Inscructions to Proposers issued prior to the opening of proposals, and that he/she has satisfied himself fully relative to all matters and conditions w~th respect to the general condition of the contract to which the proposal pertains. The proposer proposes and agrees, if this proposal is accepted, to execute an appropr~ace City of Miami Beach document for the purpose of establishing a formal contractual relationship becween him, and the City of Miami Beach, Florida, for the performance of all requirements to which the proposals pertains. The proposer states that the proposal is based documencs idencified by the following number: RFP NO. 33-93/94 proposal ?)Avd) :;A N,l Srr,I3AN,{J~ ,0- PRINTED NAME OF SIGNATURE TITLE (IF CORPORATION) RFP NO: DATE: 33-93/94 1/6/94 CITY OF MIAMI BEACH 43 .. SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to by j)AV Ib '. SAI\JTI STL~~ ~ (print individual's name and title) for <; t.Lt=: (print name of entity submitting sworn statement) whose bus i ness address is q r- fY\ r..R R- ( c...K.. Ca'L~ G r~ fJ-. j ~ J WA y/ #r2.:~ 3'3/'3y and (if applicable) its Federal Employer Identification Number (FEIN) is - the individual signing this sworn . ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of gui 1 t, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are act i ve in the management of an aff i l i ate. The ownersh i p by one person of shares constituting a controlling interest in another person, or a poOling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a publ ic entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity, RFP NO: DATE: 33-93/94 1/6/94 CITY OF MIAMI BEACH 44 6. Based on information and belief, the statement which I hIve marked is true submitting this sworn statement. (indicate which statement applies.) L in relation to the entity Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, ~loyees, menbers, or agents who are active in the management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, ~loyees, rnerars, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, ~loyees rnerars, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Aaninistrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN ~HICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO FORM THE PUBLIC EN ITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SEC ON 287. 17 FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS F STATE OF /0) c J..7 U_/_ COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, !}./,D 5",JIi ~~r-) in tne space provided above on this J -~ affixed his/her signature My C~ission E)(cire~~ ,....., OF n.O\{\!)A. ....OT .\In Pl1\:':fL. ~. .. L \1\ ('O"'lI~";I(:~ LXi';l{;-::' ....... 13 1-'" KO''[>f.D 11110:1 :'<1l'T.\K\ rLIIUl: l:\Vli.\\lU~ i / FORM PUR 7068 (Rev. 06/05/91) RFP NO: DATE: 33-93/94 1/6/94 CITY OF MIAMI BEACH 45 Exhibit 1 Curriculum Vitae \ DAVID SANTISTEBAN. PH, D. PSYCHOLOGIST Education: Doctor of Philosophy (Clinical/Community .Psychology), University of South Florida, Tampa, Florida, 1978. Languages: English and Spanish License: I Florida Psychology License No. PY3119 Academic Appointments: Adjunct Ass~stant Professor, Department of psychiatry, University of Miami School of Medicine, 1984-1985. Assistant Professor, Department of psychiatry, University of Miami School of Medicine, 1975-1984. Invited Lecturer, Miami Institute of Psychology/Caribbean Center for Advanced Graduate Studies, 1979-1981. Consultantships: Office for Substance Abuse Prevention, U.S. Department of Health and Human Services, Washington, D.C., 1990. City of Miami Beach, Personnel Department, 1990-Present. Southern WindS Hospital, Hialeah, Florida, 1989-Present. Metropolitan Dade County, Employee Relations Department, Miami, Florida, 1982-Present. City of Coral Gables, Employee Relations Department, Coral Gables, Florida, 1986-Present. American Psychological Association, Policy and Planning Task Force, Washington, D.C., 1988. National Institute of Mental Health, Washington, D.C., 1978-1986. City of Miami, Department of Human Resources, Miami, Florida, 1984-1986. Institute of Comparative and Social Studies, Washington, D.C., 1979-1983. Southeast Florida Academy of Fire Science, Miami Dade Community College, Miami, Florida, 1985. National Institute on Drug Abuse, Washington, D.C., 1979-1983. Federal Correction Institute, Miami, Florida, 1979-1982. Driving Under the Influence Countermeasures Program, Miami, Florida, 1979-1982. Administration on Aging, Department of Health, Education and Welfare, Washington, D.C., 1979-1981. Office of Refugee Resettlement, Washington, D.C., 1980. National Hispanic Committee for the Implementation of Reports and Recommendations to the Presidential Commission on Mental Health, Washington, D.C., 1978. THE ALHAMBRA \NEST. 95 MERRICK WAY. SUITE 523 · CORAL GABLES, FLORIDA 33134 · (305) 445-2471 \ Professional Vitae David Santisteban, Ph. D. page 2 Forensic Experience: United States District Court, Southern District of Florida Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida American Arbitration Association, Miami Regional Office, Dade County, Florida State of Florida, Division of Administrative Hearings Superior Court of New Jersey, Essex County, New Jersey Forensic Evaluator Training, Department of Health and Rehabilitative Services. Professional Associations: Past Vice President of the National Hispanic Psychological Association Editorial Board, Hispanic Journal of Behavioral Sciences, University of California, Los Angeles American Psychological Association: Division of Psychology and the Law Division of Industrial/Organizational Psychology Division of Ethnic Minority Affairs Division of Consumer Psychology Florida Psychological Association Interamerican Society of Psychology Selected Publications: * Santisteban, D., Santisteban, D.A. Psychological testing of minorities: Its possible uses and misuses in the legal system. Florida General Practice Journal, Vol. XIII, No.3, 1988. Santisteban, D., Santisteban, D.A. Informed consent and limits of confidentiality, in Trimble, J. and Bolek, C. (Eds.), Conducting Cross-cultural Substance Abuse Research: Emerging Strategies and Methods, in press. Santisteban, D., Harmon, L., Dorsett, H., Harris, M. Job analysis of a firefighter position: A multi-dimensional model, in preparation. Santisteban, D., Harmon, L., Dorsett, H. The Situational Interview as a selection procedure, in preparation. Santisteban, David. Cultural issues in the translation and adaptation of evaluation measures. In Blackwell, B.L., and Cartwright, L.K., (Eds.), Program Consultation with Human Service Programs: A Clinical Perspective. Oakland, California: Third Party Publishing Company, 1988. Szapocznik, J., Santisteban, David, Rio, A., Perez-Vidal, A., Santisteban, Daniel, & Kurtinez, W.M. Family effectiveness training: An intervention to prevent problem behaviors in Hispanic adolescents. Hispanic Journal of Behavioral Sciences, February, 1'(1), 4-27 '989. , . - Professional Vitae David Santisteban, Ph. O. page 3 Szapocznik, J., Santisteban, Daniel, Rio, A., Santisteban, David, & Kurtinez. W.M. Repeated testing and its impact on clinical outcome: Serious confound or negligible effect? Under editorial review, Journal of Consulting and Clinical Psychology. Szapocznik, J., Santisteban, 0., Rio, A., Perez-Vidal, A., Kurtinez, W., & Hervis, O. Bicultural effectiveness training, Hispanic Journal of Behavioral Sciences, December 1986, (4), 303-330. Szapocznik, J., Santisteban, 0., Rio, A., Perez-Vidal, A., and Kurtinez, W. Family effectiveness training for Hispanic families: strategic structural systems intervention for the prevention of drug abuse. In Lefley, H.P., and Pedersen, P.B. (Eds.), Cross Cultural Training for Mental Health Professionals. Springfield, Illinois: Charles C. Thomas, 1985. Szapocznik, J., Santisteban, D., Kurtinez, W., Perez-Vidal, A., Hervis, O. Bicultural effectiveness training: A treatment intervention for enhancing intercultural adjustment in Cuban-American families. Hispanic Journal of Behavioral Sciences, Vol. 6, 1985, No.4, 317-344. Rodriguez, A., Skotko, V., Santisteban, D., The experience of coping in the camps. In Szapocznik, J., Cohen, R.C., and Hernandez, R. (Eds.), Coping with Adolescent Refugees. New York: praeger Publishers, 1985. szapocznik J., Wray, S., Cohen, R.C., Sussex, J., and Santisteban, D. Caribbean mental health priorities: Recommendations of the caribbean conference on health/mental health models. Bulletin of the Pan American Health Organization, 1984, 18, (4), 408-411. Bernal, G., Bernal, M.E., Martinez, A.C., Olmedo, E.L., Santisteban, D. Hispanic mental health curriculum for psychology. In Chunn, J., Dunston, P., Ross-Sheriff, F. (Eds.), Mental Health and People of Color: Curriculum Development and Change. Washington, D.C.: Howard University Press, 1983. Santisteban, D., and Szapocznik, J., Substance abuse disorders among Hispanics: A focus on prevention. In Becerra, R.M., Karno, M., Escobar, J.I. (Eds.), Mental Health and Hispanic Americans, Grune and stratton,1982. szapocznik, J., Santisteban, C., Kurtinez, W., King, 0., and Spencer, F. Life enhancement counseling: A psychological model of services for cuban elders. In Jones, E.E., Korchin, S.J. (Eds.), Minority, Mental Health, N.Y.: Holt, Rinehart, & Winston, 1982. Szapocznik, J., Santi steban , D., Kurtinez, W. Research on innovative treatment modalities for Hispanics. Research Bulletin, Fordham University, New York, 1979. * Additional publications upon request. Exhibit 2 Work Sample ." *" COAl F t"b&AJT/t(J- KL ~Ro DueL D JOB ANALYSIS REPORT FOR THE POSITION OF POLICE CAPTAIN - February. 1992 Prep&red by: David Santi.teban Ph D Con.ulting p.ychoioli~t' 1 IIV F () R. IV\. -A T1 f) j....J - - Nt' r 7'P p Eo. ()J 177'+ 0 v r Co M s~;Vr .f) F 11f~ - ,A u 7ilCJR . '. . TABLE OF CONTENTS b.u AC~NOWLEDGEMENTS.................................. i I. I.TRODUCTIO....................................... 1 Ii. . Pu r po. e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. Ba ckaroulld. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 II. METHODOLOGY AND RESULTS........................... 2 A. Panel Of Subject Matter Ezpert................. 2 B. Development .nd Diatribution of ~ob Analyai. Qu e 8 t ion n air e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 C. Weilhting of Duty Are.......................... 19 D. Relative Importance of Manalerial Abilitie. and Performance Di.en.ion.......................... 20 E. Relative Importance of Technical ~novledle. .nd Job Relevant Source Material................... 26 F. Relative Iaportance of Ability v. Technical En ow 1 e die. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 31 37 G. Trainability of ~novledle. .nd Abilitie........ III. D I S CUS S I OK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . T.ble of Con~en~. Con~inued: EAu IV. APPBNDICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendiz A - Job An.ly.i. Open-ended Que.~ionn.ire Pora. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Appendiz B - Job An.lyai. Que.~ionn.ire.......... 49 Appendiz C I.por~.nce a.~in&. of Abili~ie. by Du~y Ar............................. 86 Appendiz D- C.~eaoriz.~ion of Abili~i.. in~o Perfor..nce Di.en.ion............... 90 Appendiz I - Import.nce a.~ina. of Enovl.dae. by Duty Are............................ 93 LIST OF TAILBS................................... T.ble 1 - Demoar.phic Infor..~ion................ 4 Table 2 - Duty Are............................... 6 T.ble 3 - ael.~ive Sianific.nce of Du~y Are...... 21 T.ble 4 ael.~ive I.por~.nce of Abili~ie........ 22 T.ble S - A..e.amen~ Cen~er Perform.nce Di.en.ion Definition............................. 24 T.ble 6 - Performance Dimenaion Weiah~........... 28 T.ble 7 - Rel.~ive I.por~.nce Weilh~. of Technical Enovledae.................... 29 Table 8 - Rela~ive I.por~ance of a..dina Source................................. 32 T.ble 9 - Tr.in.bili~y a.~ina. of Abili~ie. .nd Enovledle.............................. 33 . . , I. INTRODUCTION A. PurpoBe The purpose of this report is to describe activities related to the development of an updated jOb analysis for the position of Police Captain in the 1 The primary focus of these activiti.s was to review ta.ks considered important based on findinl' from the earlier job analy.is conducted in 1984 and 1988 and to determine to what extent these tasks are important for success in the Job today. In addition, several analy..s were conducted that 10 beyond the identification of important ta.ks. The following pages will describe reaearch in these areaa: 1. Clu.tering areas of repreaent throughout of important taska into "Duty primary responsibility. The major functions performed the Department. Areas" or Duty Areas by Captains 2, Ratings of the importance of a variety of abilities as they may be required to perform these Duty Areas. 3. Ratings of the importance of a variety of technical knowledges aa they may be required to perform the Duty Areas. 4. Ratings of the extent to which important knowledges and abilities may be enhanced on the job or throulh formalized training. 5. Demographic information on the sample of incumbents and immediate superiors who completed the job analysis questionnaires, The primary purpose of the.e analy.e. was to identify important technical knowledaes and performance dimensions (clusters of abilities) that relate to effective performance as a Police Captain, a. well as key .ituations faced by incumbents on the Job. Thi. information will .erve a. the basis for the development of a written technical knowledge exam and a.se.sment center .timulation.. 1 .. B. B.ac:k&round The earlier job analyses for the tarlet position were conducted in 1984 and 1988, At that time the job analysis interview questionnaires and other job relevant materials were reviewed with the loal of identifyinl the .pecific ta.ks, knowledles, and abilities required for successful performance as a Captain within the Department. The ability statements were then clustered baaed on similarity of activity, and catelorized into performance dimen.iona. From these job analy.is data, simulation exercise. and technical knowledae te.ts were developed to accurately reflect the duties, tasks, and responsibilities encountered by per.onnel in the taraet position. The current job analy.is was conducted to determine what, if any, significant chanaes have occurred in the Job as it related to the tasks and key performance dimensions currently performed by Captain. within the Department. II. METHODOLOGY AND RESULTS The jOb analysis methodoloay used in the project relied heavily on the use of the questionnaire method and input from subject matter experts throuahout. The methodoloay conforms to prOfessional and leaal standards as outlined in the American Plycholoaical Association's (APA) Standards on Education and Psycholosical Tests, the APA'. Divi.ion of Industrial/Oraanizational PsychololY Principles on the Validation and Use of Personnel Selection Procedures (1980), and the Uniform Guidelines on Employee Selection (1978). The various project phases or steps are described in this section. The most typical Captain'. position is at the district level. Each district has an Executive Captain that reports directly to the Di.trict Commander, a Police Major. The Captain, in turn, typically has... Police Lieutenants under his/her direct supervision, with a total of approximately L subordinate. under his/her command. At the time this study was conducted, there were _ individuals in the Department holdina the rank of Police Captain. A. P.anel of Subiec:t M.atter Experts (SME'.' A panel of SME's was .elected to provide detailed information on the position throulh the use of an open-ended Position Description Questionnaire (see Appendix A). 2 ~ The instrument was uaed to obtain information on key functions, tasks, abilities, knowledges and aituations relevant for effective performance on the job. Individual responses were aummarized in order to identify areas moat common to the position. In addition, panel members reviewed tasks, knowledies, and abilitiea inventoriea aa well aa descriptiona of duty .reaa, .a determined from the previous job analyses in order to determine their relevance for the poaition today. Panel members were aelected baaed on: familiarity with the poaition (1. e., incumbents and their immediate aupervisora). representation of where Captains are the varioua leolraphic locations placed in the organization, ethnic and lender representation. The composition of the panel in terms of rank, lender, ethnicity, and tenure in their respective position was as follows: four Captains and five Majors; four non-Hispanic white males, two non-Hispanic white females, one Black male and two Hispanic males. The averale tenure as a Captain waa 3 years 6 months; the averale tenure with the Department was 22 year.. B. Development and Distribution of job Analysis Questionnaire A final questionnaire from the SHE Panel. The parts, described below questionnaire). .was developed based on questionnaire consisted (see Appendix B for the input of several copy of The questionnaires were distributed to 28 individuals (16 incumbents and 12 immediate aupervisors, Police Majors). Of these, 23 completed questionnaires were returned. The demographic breakdown of the respondents is shown in Table 1 below (information was not available for one respondent). 3 . . . TABLE 1 DEMOGRAPHIC INFORMATION Tot.l population Number in Samplll Percent of Total police M.jora police C.pt.ina Over.ll 12 16 28 10 15 25 83% 94% 89~ Aver.ae Tenure .a . C.pt.in: 8 yra. 4 moa. Aver.ge Tenure with the Dep.rtment: 23 yra. 4 moa. Part 1 _ Ratin&s of Importance and Frequency of Tasks Information obtained from the open ended queationn.irea .nd input from the SME P.nel w.a uaed to gener.te . liat of 62 tasks that could be related to aucceaaful perform.nce on the job. Respondenta were .aked to rate each talk on a 1-7 Likert-type acale according to it. importance and frequency of occurrence (aee Appendix B). Questionnaire responses were analyzed to determine tho.e t.ak. considered important for aucceaaful performance in the position. Thi. waa baaed on the ratinga of taak importance provided by the reapondent.. Ta.ka with a rating of leaa than 4.0 (Important for Effective Performance) were to be dropped from further analy.ea. All 62 taak., however achieved ratings of 4.0 or better. Part: 2. CateiOri~ation of Tasks into Duty Arll.s previoua job analyae. h.d identified 10 cateloriea of .ctivities that would aeem to deacribe the majority of taaka considered import.nt by the respondenta. The.e cateaoriea, or "Duty Are.... were gener.ted baaed on the content of the t.ska, and are liated in Appendix B. Theae Duty Area. were reviewed and updated by the current SME Panel and and eleventh .re. w.. .dded to t.ke into account aeveral taaka which h.d not been c.tegorized before under .ny of the exiltins areal. 4 .. In order to support the intearity and relevance of the Duty Areas, respondents were aaked to cateaorize each of the 62 important tasks accordina to the 11 Duty Areas. In order for a task atatement to be considered related to a duty area more than on-half (51%) agreement among re.pondenta was set as the minimum criterion. Of the 62 taak., 54 were cateaorized in thil way, indicatina the Duty Areas are meaninaful deacriptions of the taska oriainally rated as important by incumbents. In addition, only five of the 54 talka were placed in more than one catelory, indicating the varioua Duty Areas repreaent distinct facets of the Captain'S jOb. Table 2 lista the Duty Areaa and taaks that were related to each area. The mean importance and frequency ratings of each task are shown, as well as the average mean importance and frequency ratings for all tasks belonging to each Duty Area. The lame data is provided for the eight "miscellaneoua" tasks that failed to meet the 51~ rule for inclusion in a Duty Area. Mi.cellaneous tasks were not necessarily rated any lea a important than talks related to the Duty Areaa. They were taaks that did not meet the minimum criterion for inclusion in a Duty Area. 5 T ASK Ii 30 31 35 42 44 TABLE 2 .. AREAS OF PRIMARY RESPONSIBILITY (DUTY AREAS) FOR POLICE CAPTAIN I. Community Relations To attend Citizen Advisory Committee meetinlsj to represent the Department to various community groupSj to addresl civic orlanizati~~s on matters of mutual concern. TASK STATEMENT Interacts with members of the community for the purpose of establishing and maintaining positive relationl (e.g., Citizen Advisory Committees). Addresses civic organizational groups. Personally meets with concerned concerned citizen groups. Personally responds to public criticism concerning departmental activities. Responds to community requests to initiate program (e.a., crime- watch) . Overall mean 6 IMPORTANCE RATING FREQUENCY RATING 5.79 5.54 5.00 4.25 5.54 4.46 5.42 4.21 5.25 3.71 5.40 4.43 " Parts 3 and 4 Abilities Importance Ratinas of Knowledaes and Respondents were asked to rate the importance of 39 abilitiea and 40 knowledaes that milht be required in order to successfully perform each of the Duty Areas previously identified. The list. of abilitiel and knowledge. were drawn from previoul job analyses and were reviewed and updated by the current SME Panel. Each ability and knowledge was rated on a 1-5 Likert-type Icale. Part 5 - Trainability Ratin&8 of Knowled&ea and Abilities Respondents rated each knowledge and ability, alain on a 1-5 acale, according to how easily it could be enhanced on the job or through a formal training program. Written test and assessment center development will focus on mea.urina knowledges and abilities that would not be easily acquired in a short period of time in the target job. Also, this information may be used in the preparation of career development training programs. C. Weiihtin& of the Dut'V Ares. The varioua Duty Areas comprised of tasks that vary and frequency of occurrence. established to determine the Areas and miscellaneous tasks pertormed by Captains are according to their importance The following procedure was relative "weight" of the Duty associated with the job. 1) The mean importance and frequency of occurrence ratings of all tasks associated with a Duty Area were determined. (Miscellaneous tasks were treated as a separate Duty Area). This procedure yielded a lingle importance rating and frequency rating for each Duty Area. 2) The cros.-product of the importance and frequency ratings tor each Duty Area was obtained. 3) The cross-product. were lummed. 4) The cro.s-productl for each Duty Area was divided by the total to obtain the percent weight for each area. Table 3 shows the relative weishts of each Duty Area and miscellaneous talks. 19 D. Relative Importance Performance Dimensions of Manaaerial Abilities and As mentioned earlier, questionnaire re.pondents were asked to indicate the importance of each of 39 abilities a. they may be required to perform the Duty Areas identified previously. Since an ability may be extremely important to perform one activity, but irrelevant tor performing another, abilities were linked independently to each Duty Area. The mean importance ratings tor these abilitiel al they related to each Duty Area are Ihown in the matrix in Appendix C. 1. :r~~~dure for determinin~ the relativlI _b___tv toward on the 10b ~erformance determine the importance of an ability Areas, the following procedure was used: weiaht In of lIach order to all Duty across a) Multiplied the importance ratinl of ~imeB the percent weight of the being rated under. (If an ability of less than "3" for any Duty Area less than important, and wa. not analysis). an ability Duty Area it was received a ratin& it was considered included in the b) Summed the cross-products to obtain a .um across Duty Areas for each ability. c) Summed the cross-product. for all abilities. d) Divided the sum of crosa-product. for each ability by the total sum of cros.-products for each ability by the total sum of cross-product I tor all abilities. This procedure yielded a ~ weight for each ability. The individual ability weights are contained in Table 4. 2. Procedure for clusterina abili~ieB into PerformanclI Dimensions Previous job analyses had clustered each of the abilities rationally, ba.ed on similarity of content, into broader "performance dimen.ions" that could serve al convenient labels for measuring similar abilities. The original job analysia included nine such abilities and a tenth one (Control and FollOW up) was added in the most recent task analysis. However, reports obtained form the utilization of these dimensionl have indicated the desirability of reducing the number of dimensions to the original nine in order to maintain their discretionary power and to increase the efficiency of the behavioral measures. The nine performance dimenaions, defined in terms of the abilities that comprise them are listed in Table 5. A mAtrix ahowing each ability and the dimension(s) it is related to is contained in Appendix D. 20 " 3. Procedure for weishtins Performance Dimensions Havina determined the percent weight of each ability, and after establishing clusters of abilities labeled as performance dimensions, it was now posaible to derive relative weights for each dimenaion. The procedure u.ed wa. as followa: a) Summed the ability weightl for each dimenaion, and divided by the number of abilities that define each dimenaion to obtain the raw weilht for the dimension. b) Summed the raw weilhtl for the nine dimensions. c) Divided the raw weight for each dimension by the lum of raw weight. in order to determine the relative weight of each dimension. The dimension weights are contained in Table 6. Weight. for the dimensions derived from previous Captains job analyses are shown for comparison purposes and indicate the consi.tency of the relative weights of the dimensiona. E. Relative Relevant Importance of Technical Source Materials Knowled&es and .Job A rating procedure similar to that used for abilitiel was used to determine the importance of a variety of knowledge areas that might be important in order to perform each of the Duty Area.. The mean importance ratings for each knowledge as it is related to the Duty Areas ia shown in Appendix E. The relative weights for each knowledge determined in the .ame way as for abilities. importance of each knowledge area for performance on the job i. shown in Table 7. area were The percent successful Linking of Knowledae Areas to Source Material A panel of subject matter experts was used to link each of the knowledae areal to reading materiall that would be used as the basi. for development of the mUltiple-Choice technical knowledae exam. In addition, the linkages were reviewed by the Job analyst and 11 telt development specialist both of whom were familiar with the content area of both the technical knowledge. and the reading lource.. The relative percent importance ot the ditterent reading aources are shown in Table 8. 26 ., F. Relative Importance of Ability V8. Technical Knowllld&e Having performed the computation. neceslary to determine the relative importance of each ability and knowledge, a limilar procedure wal used to determine the relative importance of managerial ability v.. technical knowledge. The following procedure was Uled: 1) Summed the cross-product. for all abilitie.. 2) Summed the cross-products for all technical knowledge.. 3) Added the two .ums to obtain a grand total. 4) Divided the sum for abilities by the total, to obtain the relative percent weight of managerial abilitiea. The remainder was the percent weight for technical knowledge. These figures are Ihown in Table 6. 27 ", " G. Train~bility of Knowled&es and Abilities The Uniform Guidelines on Employee Selection Procedures (1978), states that applicants for a position should not be eliminated based on qualifications that could be acquired during a brief orientation period in the target jOb. In order to minimize the poslibility of evaluating .pplicants based on easily learned abilities or knowledges, respondents were asked to indicate the extent to which each of the abilities and knowledges could be enhanced on the Job or through a formal traininl prolram. Respondent. rated each knowledse and ability on a 1-5 point Likert-type scale. Hilher ratings indicated respondents felt the abilitylknowledge could be easily learned in a ahort period of time. Lower ratings indicated the ability/knowledge was relatively difficult to acquire. The Guidelinel do not define Mbrief orientation period". After discussion with testing profeasionals and Departmental personnel, however, it leemed that a rea.onable period of time would be no longer than three months. As a result, the acale point equivalent to a rating of "4" (see questionnaire in Appendix B) was defined aa the point above which an item would be considered readily learned in a short periOd of time. The definition that was used incorporates the following key elements: Can be learned within a period of 3 months. - Can be learned and demonstrated effectively. _ Can be learned through training and lor on the job performance. - Can be learned re&ardless of prior levell of ability or knowledge in the area. " It is important to note, however, that even if an ability/knowledge may be learned on the job, it is Itill important for an individual to demonstrate this knowledge or ability immediately upon assuming the duties of the position. Therefore, knowledges or abilities that obtained rAtings of "4" or above would be de-emphasized in the development of testing materiall, but not neceslarily ruled out completely. Table 9 show. the mean trainability ratings of each ability and knowledge. Alone would expect, knowledges received higher ratings than abilitiel, indicatins that knowledges can be more readily acquired on the job or through training than managerial ability. These findings were consistent with the results of the previous job analysis. 3 1 III. Discussion The results of this update of the task analysis for the Captain's clas.ification indicatel a areat deal of consistency with the analyse. conducted previously. The vast majority of the ta.ks, knowledges, and abilities considered important in 1984 and 1988, are atill viewed aa important today. Furthermore, the relative importance of the performance dimensionl which capture the primary areas of the poaition are very con,i,tent with previoul reaulta. The relative importance of man_aerial abilitiel in compariaon to technical knowledges also remained conltant. The reliability of the results obtained confirm the appropriateneas of the methodololY beinl used to as.es. the knowledaea, .kills, and abilities required of the Captain's classification. The multi-level approach to data latherina with extensive input from Subject Matter Expertl has proven successful not only in helping to define the requirements of the position, but allo in serving aa a auide to the development of promotional measures which are job relevant and can help to target the most important characteristics for successful on the job performance. Now that the job analysis methodology has been successfully established in terms of providing consi.tent and reliable results, future task analysel can begin to explore some modifications that can alli.t in developina information not only for promotions, but alao for trainina and prOfessional development. By the .ame token, we can explore making some minor modifications in the methodology that would allow us to analyze the knowledges, abilities, and performance dimension. from different vantage points in an effort to further refine our testing instruments. 37 " Exhibit 3 Litigation Experience A. Court Findings B. Commendations r " MEMORANDUM 103.01-14 FROM Lee Kraftchick Assistant County Attorney DATE March 30, 1993 TO Grace Poley Personnel Director peightal v. Fire Dept. Affirmative Action suit I wanted to thank you for making the services of Dr. Santisteban available in connection with the County's defense of the Fire Department's Affirmative Action Plan in Peiqhtal v. Metropolitan Dade County. The court recently issued a decision upholding the affirmative action plan in which it placed significant reliance upon Dr. santisteban's statistical analysis. David's assistance in preparing this case and his testimony at trial were, as usual, of the highest quality. It is reassuring to know that a professional with David's experience and background is available when the County needs to defend its recruitment practices. Thank you again for allowing David to participate in the defense of this case. ~'~ ' , /.' . v," L ~ cc: Don Allen David Santisteban ,'~' L . t t t ASS1S an Coufi y I 1 fshht]tz1 ' ~ Attorney LK: mm ~v Diredor' $ Office APR 1 3 1993 PERSONNEL DEPARTMENT ~1 r l, MEMORANDUM 10.... 01.14 TO Grace Poley Personnel Director ) fl/ 2, 1990 Inc. FROM Lee Kraftchick Assistant County Attorney Enclosed is a copy of a recent decision we received in federal court concerning the Police Department.s assessment center for lieutenants. The opinion provides a good description of the current state of the law applicable to employment testing and you may find it helpful in analyzing the County. s current selection procedures and in developing new procedures for the future. You will note that the opinion characterizes the testimony of Dr. David Santisteban as particularly persuasive. Dr. Santisteban was instrumental in preparing this case for trial and provided exceptionally clear expert testimony. Be deserves to be highly commended for his efforts. Wi thout his help, I doubt the County would have been so successful in this lawsuit. Another member of your staff, to be commended. . . was most helpful and in suggesting different approaches of evidence. Ber cooperation with our for information was deeply appreciated. also deserves in preparing documents to the presentation last minute requests If you have any questions about the Court · s decision or its implications about the County.s current selection procedures, please feel free to contact me at your convenience. Assistant Co LX :mm Enclosure cc: David Santisteban Director's Office JAN 051990 PERSONNEL DEPARTMENT r MEMORANDUM :OM: Graclel la poley, Director ~Aso::artment uardo Gonzalez Deputy Director Metro-Dade Pol Ice Department DATE: January 8, 1990 SUBJECT: commendation - Or. David Santlsteban I have Just Judge Lenore Lawsuit" and mance of Or. completed a review Nesbitt In what we wanted to commend Santlsteban. decision rendered by commonly refer to as -the POC to you the exceptional perfor- There Is no doubt, when one reviews the document, that his expertise and courtroom testimony contributed significantly to the County's abl I Ity to preval I In this case. I have had many occasions to deal with David on a variety of testing Issues and have always found him to be dl I Igent In his support for systems that can withstand court challenges. ThIs dl I Igence paid off and he Is to be commended for his profes- sional Ism and dedication. EG/mcr ... t · Ofl- . 4r~"'.:)f S Ice JAN 16 1990 PE~SONNEL DEP,\RTMENT .,." ( .. ,'" f.... \v..~ 'S~\;':~~") .. \j':,.j t.').~ '2.' "ro'"' ~ " ....-- ".~ -.. i _ ~-'::-,. ~~:..~~: . . ~r:~:~~t.:;~~ ... '. '.~::rz Blacks from being promoted. '!'he County reconstructed each of the eligible lists for the years 1983 through 1986 to dete~ne what would have happened if assessment center .cor.. had not been u.ed. The .Lmulated eliqible li.t. con.i.t of all of the component. of the promotional proces. except a.."!J...ment center .cor.., J....a.tL.., they includ. written te.t .cor.., .eniority point., veteran'. point., and point. earned tor ..rvice .. a ...ter .ergeant. The County'. an.ly.i. inrltc.~e. t.h.t l' ......m.nt~ n.nt"..r .nore. were entirely eliminated fram the ..Jection prnne.., the number of ftlaek promotion. from 1983 to 1908 would have been ...ctly the .... .. with the assessment center. Three Black candidates were pro.ot~ using the ass.ssment center and three Black candidates would have been promoted had the assessment center not been usech The Plaintiffs did not refute the conclusions of the County's analysis of the effect of the assessment center, but did pre.ent evidence throuqh an expert, Dr. pra.er, that there va. a statistically significant difference between the mean rank scores of Black ana other candidates at the assessment center. Using a -t-test- procedure, Dr. Praser concluded that there was a IItatlstically .ignificant difference between assessment center rank score means of Blacks and the rank score meana of Whites and Inspanics cambined. Dr. Fraser vas unable to state whether this statistical difference in mean rank scores actually had an effect on the number of promotions awarded to Black candidates. '!'he Defendants' expert, Dr. Santisteban, testified that th~ Plaintiffs' analysis violated. several basic assumptions underlying ~ 22 j. ~. :,...;~:.:~~ ..;., .~...~:.'": the t-test. ~e t-test assumes that the samples under consideration are nor.mally distributed, that each of the observations is independent of the other observations, and that the samples involve interval, as opposed to ordinal (ranked l numbers. '1'he most fundamental pro~lem with the Plaintiffs' statistical analysis, according to Dr. Santisteban, is its erroneous assumption that each of the observations in the samples is independent of each of the other observations. Specifically, the Plaintiffs' analysis erroneously assumes that the 34 measures included. in the Black sample and the 204 measures included in the White sample were measures of distinct individuals 0 In fact, since 1983 only 18 individual alack candidates and 123 individual White candidates have gone through the assessment centerJ the 18 Blacks went through the center on 34 occasions, while the 123 Whites went through the center on 204 occasions 00 In effect, the figures used in the Plaintiffs' analysis inflated the sample sizes by counting repeat candidates as separate candidates. According to Dr. Santisteban, the t-test assumes indepenaent observations, and' observations are not ~dependent when they involve repeated. measures or scores from . the same individual- Dr. Santisteban, in the Court's view, successfully rebutted Dr. Praser's testJJDony- Further, Dr. S~tisteban stated that violation of the assumption of independence of observations can be avoided by redesigning the statistical analysis to account for the effect of repeat performance. Dr. Santisteban conducted such an analysis by counting only the first time performance of each candidate. By 23 I. ....1J}. using first time performance only, Dr. Santisteban explained that he was able to avoid the practice effect associated with IlUltiple test taking and to comply with the requirements of independence. Dr. Santisteban' s analysis concluded that there was no statistically significant. difference among the means of Black, White and Hispanic candidates at the assessment center for either mean scores or mean rank sc'ores. 'the Court finds Dr. Santisteban' s analysis persuasive. Dr. Santiateban also conducted a statistical analysis to determine if the promotion rates for Black assessment center candidates was significantly different from the rate for other ethnic groups. Using a · chi-square · analysis, Dr. Santisteban concluded that the difference between the Black promotion rates and the rates for. Hispanics and Whites was not statistically significant at the .05 level. S S Dr. Fraser complained that the chi-square should been performed using two groups (Blacks and Whites) instead of three (Blacks, Whites and EU.spanics), but the results are the same under either analys is. Dr. Santisteban explained that whether the comparison is of two groups or three, the same result is obtained I there is no statistically significant difference between the promotion rate of Blacks and the promotion rate of other candidates. In rebuttal, Dr. Fraser suggested. that the County should have used a .proportional analysis. instead of a chi-square, but the statistical literature describes the twO tests as essentially identical vhen two groups are being campared. Using the proportional analysis, Dr. Fraser concluded. that the rate of Black promotio'ns vas significantly different from that of Whites, but his analysis failed to include all of the promotions that have actually been awarded. EU.s analysis included promotions only up to August 1988, vhen the more recent promotions of October 1988 are included, the difference in promotion rates is no longer statistically significant using either the chi-square or the proportional .analysis. The fact that the analysis can be affected by the promotion of just one Black candidate between August and October 1988 demonstrates that, whatever statistical difference 24 /. .. .~~~4--' .'-~- . . ~'.' . "~r:.~f74P::" ."'. "#6lf!:.' ~ :-. ~ . :....,..~,~ . ..:t1.~{-~f~ _ [c 10urts are. generally less competent than employers to restructure business practices, the judiciary should proceed vith care before mandating that an employer must adopt a plaintiff'S alternate selection or hiring practice.- wards Cove, 109 S. Ct. at 2127. 1. Proof of Adverse Imoact The Plaintiffs have identified the specific employment practice that is allegedly responsible for statistical disparities in this case as the assessment center port~on'of the lieutenants' promotional procedure. ~e plaintitfs'" allegation that the assessment center has had a disparate impact is predicated upon Dr. Fraser's statistical analyse.s comparing assessment center mean rank scores of Black candidates to the mean rank scores of Whites and Hispanic candidates combined. Usinq a t-test procedure, Dr. Fraser concluded that there was a statistically significant difference between ~ssessment center mean rank scores of the two groups. The Plaintiffs' analysis suffers from many of the statistical '. flaws id~ntified by the Supreme Court in ~atson. All the Defendants' expert, Dr. Santisteban,' explained, the plaintiffs' analysis used misleadinq sample sizes by assuming that each of the scores in the sample vas independent of each of the other scores. In effect, the. figures used in Dr. Fraser's analysis inflated the sample sizes by countinq repeaters as separate candidates. -rhe analysis violated the assumption of independence of observations. required to properly conduct the statistical tests. See ,owers v. Alabama Deo't of Education, 854 F.2d 1285, 1296 n.18 (11th Cir. 29 ( . . ". .. =-~~::. ~)~~.-:. .',~.~,." - .. ~:..~~ . .- -:-;.., ,. "'1:.7.-. . ';<:"."t~lf':.: . (a statistical analysis can be -skewed [if it is] based on on the scores given particular persons-)I Smith v. Conrail, 49 F.E.P. Cases 266 (Mich. 1988) (-The statistics must reflect the number of individuals who took the challenged test rather than the number of attempts that were aade by those individuals.-) ':he County conducted. analyses designed to avoid the effeet of counting the same person two or more times by using only the first time scores of each candidate. First time scores represent the purest lIleas~e of a candidate's perfoJ:ma!1ce because ~ey..ar.e. no~ contaminated by the possible effeet of practice that arises fram repeated attempts. The results of the County's analyses indicate that there 1s no statistically significant difference between the two groups. The results of the County's analyses suggest that Dr. Praser's finding that there is a statistically significant . . difference between the. mean rank scores of Black and White candidates may be due to an artificial increase in sample size, to the confoundingeffeet of repeat performance, or to the individual characteristics of the 18 persons involved, and flot to any ethical bias in the test. Kere important, the plaintiffs' statistical analysis does not meet the supreme Court's J:8qU1reII8nt that the plaintiffS prove causation. 'rhe fact that there are differences between the ..an rank scores of Black and White candidates does not prove that any disparate number of Black candidates were excluded. from the promotional process. 'n1e relevant inquiry is not whether the 30 l . .". "'~'" '. ....-'".: . . ~".'# -. ..'". I..',. '-, :. '.'i";:?..':-~. . . .~:....''':'' ".' . .:..:.....~~: j the assessment center as would have been promoted without it, it is difficult to see how the Plaintiffs' statistical analysis, even assuming it was properly conducted, proves that the lack of more Black promotions was caused by the assessment center. Without proof of causation, the Plaintiffs cannot meet their burden of establishing a prima facie case of disparate impact. The lack of any substantial adverse impact froll the a88es8.entl center is confiJ:med by Dr. Santisteban' 8 chi-square analysi8. '1'h~ chi-square procedure is a statistical method for examining whether differences in promotion rates are a8sociated vith ethnic differences. See Black Law Enforcement Officers v. Citv of Akron, 40 F.E.P. Cases 322 (R.D. Ohio 1986), ~ff'd in oart and rev'd in part, 824 F.2d 475 (6th Cir. 1987). Accord powers v. Alabama Deot. of Education, 854 F.2d 1285 (11th Cir. 1988) (discussing with approval the use of the chi-square procedure by a 'litle VII plaintiff). The chi-square procedure e8tabli8he8 an expected selection rate, then detexmines whether the difference between the expected 8election rate and the actual 8election rate i8 8tati8tically 8ignificant. Small deviations are tl!xpected to occur (lS a result of chance, but at 80me point the deviation become8 80 large that chanCe alone can be ruled out. Ifhe level of 8ignificimCe i8 generally 8et at .05, equivalent to a chanCe of 1 in 20. Dr. santisteban concluded that the chi-8quare analysi8 he conducted revealed no 8ignificant difference among the promotional rates of Black, White, and Hispanic candidate.. In 8Upport of their allegation of a 8ubstantial 32 .. ~. ,/0 , . . r f . ~ Exhibit 4 Liability Insurance Certificate