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Re: Pittsburgh Fire Bureau's Polygraph Use Challen
Reply #2 - Sep 27th , 2005 at 10:45am
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Quote: http://www.post-gazette.com/pg/05266/576420.stm Fire chief takes blame for polygraph testing of applicants Friday, September 23, 2005 By Jonathan D. Silver, Pittsburgh Post-Gazette Pittsburgh Fire Chief Michael Huss yesterday took responsibility for approving controversial polygraph tests for firefighter applicants that probed drug use, drunken-driving arrests and other illegal activity, but he said their use was suggested by the city's Office of Municipal Investigations. "I was aware of it, I supported it, and I'm the fire chief. The buck stops here, I guess," Huss said yesterday. "Personnel was involved, law was involved, OMI was involved, fire was involved. We were all involved. It was the city." A lawyer for the firefighters union claims that the city illegally administered polygraph tests to firefighter applicants and rejected dozens because of their answers. The city said 120 polygraph tests were scheduled, 46 candidates were disqualified and another 44 applicants were offered spots in the fire academy Huss estimated that about 24 people were disqualified because of their polygraph results. "I can't tell you that every single person that was disqualified was because of a lie detector test," attorney Joshua Bloom said. But of those who were rejected, "a large number were based on information elicited during the lie detector test." Bloom said his firm is representing "many" of the rejected candidates. An undetermined number of them have filed appeals with the city's Civil Service Commission either on their own or through Bloom's firm, Koerner, Colarusso and Bloom. State law makes it a misdemeanor to require a lie detector test as a condition for employment unless the prospective hires are "in the field of public law enforcement" or "dispense or have access to narcotics or dangerous drugs." Firefighters do not have access to narcotics, Huss said. Asked if the city reviewed the law before the tests were administered, Huss said, "supposedly." Late yesterday, Huss signaled that the Law Department had found a way to defend use of the polygraph tests on firefighter applications. "We're exploring other avenues. We're not so sure that it can't be applied to our people," Huss said, declining to elaborate. "An argument can be made that we can use the polygraph, is what I'm learning." Huss said he met months ago in his office with representatives from three city departments -- law, personnel and OMI, which investigates citizen complaints and allegations of criminal misconduct against city employees -- to discuss using polygraph tests on firefighter applicants for the first time. At the time Huss met with the other officials, the city was under a $95,000 contract with Facticon Inc., a Chadds Ford, Delaware County-based company that performs investigation and surveillance services. The contract, which runs from January 2002 to December 2005, is for "pre-employment background investigation for Public Safety employees." So far, $51,170 has been spent. Louis Wilson, 34, a Hill District native, said he was one of the applicants who took the firefighter test and was rejected. He said he was disqualified for residency reasons, but provided insight into the polygraph test. Wilson said he was interviewed at OMI's Strip District offices on Penn Avenue. He said he was told there for the first time that he would have to take a lie detector test. Wilson said he was asked to fill out a form that covered questions such as whether he had used drugs, sold drugs, cheated on taxes or lived in the city. Then, he said, the polygraph examiner asked several times whether he had lied on the application or to authorities. "I really don't understand why [the Fire Bureau is] doing this to be honest with you. I suppose they're trying to find perfect applicants, which I don't think exists. But they haven't given me a specific reason why they're doing this for firefighters," Bloom said. Huss said the tests were used as a "tool to find out more about our candidates" and to make the background investigations more effective. Bloom said some candidates received documents indicating they had failed their polygraph tests. Upon further inquiry, they were read transcripts of their question-and-answer sessions, he said. Bloom said he was told by clients that such detailed information would not be provided to the city. Bloom said he is considering filing a civil rights action. Allegheny County District Attorney Stephen A. Zappala Jr. is aware of the issue and plans to speak with the city today to familiarize himself with its practices. (Jonathan D. Silver can be reached at jsilver@post-gazette.com or 412-263-1962.)