Union challenges validity of 16 eligible lists
Zone scoring puts merit & fitness in the danger zone

By THOMAS CETRINO and DENYCE DUNCAN LACY
All state Department of Civil Service examinations are now zone-scored, which means all candidates are given the same grade if their final scores are within a five-point zone. It's a practice which allows managers more latitude and personal discretion in deciding whom to hire and promote.

While zone scoring opens the door of opportunity for some, the practice can slam it shut for others - a fact that brings many complaints to PEF's Civil Service Committee, according to its chair, PEF Region 8 Coordinator Jeff Satz.

"We're concerned that in some cases zone scoring can make such a large number of candidates reachable under the 'rule of three,' that it invites favoritism and undermines the merit-and-fitness concept that is the backbone of civil service," said Satz. "It's also the taxpayers' best protection against political patronage and cronyism."

Zone scoring has also become more of an issue because of its use in grading the Promotion Test Battery exams.
With zone scoring candidates who have a score of between 96 and 100 all receive a score of 100. While only one or two candidates may receive actual perfect scores, their achievement could be lumped in with that of dozens of others with actual scores of 96-99.

And candidates who are eligible for veterans' credits, will have these added to their "zone score," which means they could receive a final score of more than 100.

To further complicate matters, seniority credits (one for every five years of service) are added to the original "un-zoned" score and that score is "rezoned." For example, if a candidate had a zone score of 100 which was based on an actual score of 96, the points earned for seniority credits are added to the 96 and then the new score is rezoned. Therefore, if the candidate had 15 years of state service, he would get three more points added to the "96," but the new total of 99 would still receive a zone score of "100."

Fight for merit and fitness
PEF has filed an appeal with the state Civil Service Commission contesting the validity of 16 zone-scored lists of eligible candidates for various titles.

And the union has developed legislation (S2464/A2292) to prohibit the zone scoring of civil service examinations. The legislation is sponsored by state Sen. Nicholas Spano and Assemblymember Paul Tonko.

PEF is also examining recent civil-service eligible lists to determine whether zone-scored lists can be successfully challenged in the courts.

What happened to the rule of three?

Both the state's constitution and its civil-service law set merit and fitness as the objective standard for hiring and promotions in state service and as the best way to make sure taxpayers receive quality services for their investments.
The "rule of three" means that when managers make an appointment from an eligible list, they must choose from among the candidates with the three highest scores.

That doesn't always mean you have only three people to choose from since several people may receive the same score. Zone scoring can magnify that effect tremendously.

For example, if a list has one candidate with a score of 102.5, another with a score of 100, and 100 candidates with scores of 95, all 102 candidates are eligible for appointment. That leaves a lot of room for personal preference on the part of the people doing the hiring.

Zone scoring makes a difference
Compare two eligible lists for the title of developmental disability program specialist 1.

The list established in 1996 was zoned scored, while the list established in 1987 was not zoned scored. The difference in the range of choice is dramatic.

1996 (zone-scored) list:
· The 1996 list had 17 candidates with a score of 100 who were all ranked in the first zone, even though their "true" scores ranged from 96 to 100. Under the rule of three the employer could choose any of these 17 people for appointment.

· When only two people remain in the first zone, under the rule of three the employer could choose either of them or any of the 66 people who were in the second zone and whose actual scores ranged between 91 and 95.

"This is a classic example of how wide-open and subjective appointments under zone scoring can be," Satz said. "
"When management can choose among 66 candidates for an appointment, it makes a mockery of the rule of three and undermines the merit and fitness clause of the NYS Constitution."

1987 (non-zone-scored) list:
· However, the 1987 eligible list had just one candidate with a top score of 93, followed by someone with a score of 91 and a third person with a score of 90.5. Two people had scores of 90, followed by two more with scores of 89. Only one person scored 88 and one more had a score of 87.5. Finally, four people scored 87 and five had scores of 86.

· Under the rule of three, the employer could choose any of three people from the 1987 list for the first appointment (scores 93, 91, and 90.5). After making the first appointment managers would have to include in the pool of eligible candidates the two who scored 90, giving them a choice of four candidates. When only two people were left in that group the employer could only go down to the score of 89 and once again choose among only four candidates.

You can help: If you have been substantially disadvantaged or helped by zone scoring, let the PEF Civil Service Committee and your state legislators know about it.
Your example may be valuable in building a comprehensive picture of how this policy affects the careers of state employees and the public they serve.

The "Battery" is back
The following dates have been announced for the 1999 state promotion test batteries:

- Mid-level and high-level managers and administrators, for promotion to salary grades 27-38 and M 2-8. Filing procedures, announcements and applications are now available from agency personnel and business offices. A study guide will become available from these same offices the first week in September.

- Supervisors and specialists, for promotion up to salary grade 26 and M 1. Filing procedures, announcements and applications will become available in late July from agency personnel and business offices. A study guide will become available from these same offices the first week in October.

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