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Posting before the sh*tstorm of crying about fairness and "this job sucks " blah blah blah. The slimy got what they deserved and I congratulate them on making 164 future white shirt enemies. Great career move!
Lawyer took advantage of 9 not so smart guys. How are you gonna complain there was cheating on a test which gave an unfair advantage to alleged cheaters then ask for a curve? Wtf guys.
Ineed63 you can actually sue the 9 for deformation of character (labeling people unfairly and w/o evidence as cheaters), which is actually very easy in civil court.
Ineed63 you can actually sue the 9 for deformation of character (labeling people unfairly and w/o evidence as cheaters), which is actually very easy in civil court.
I would say this is untrue. To prove defamation you need to prove:
a. You need to prove that what was said was said about you. Since no one was named specifically that doesn't fly.
b. You would need to prove without a doubt that what was said was untrue. I would say that's next to impossible.
c. You would need to prove that the accuser knew without a doubt that what was being said was false. Also unlikely.
d. You need to prove the statement caused you damage. Since everyone is getting promoted, I can't see what the damage is, damage to reputation alone is not sufficient, there needs to a tangible harm.
I wouldn't waste my time on suing. We learned they you can always find a lawyer willing to take your money. These guys didn't even fulfill 1 of the 4 requirements for an injunction, but prob spent 20k + so far. Let's move on.
From a objective standpoint I will say some of the make ups wouldn't of been caught and a idea of a future weekday test wouldn't of been in the cards without the 9 ... However we do know the true intentions were to get on the list and it is a fact they blanketed the whole list as cheaters with the whispering in the bathroom nonsense ... It's been confirmed certain members of the 9 stating it was mostly Bs because the media didn't care about anything else. ( the 9 and their true motives had more leaks then a slumlords apartment) ... Further confirmed in court when THEIR lawyer stated only one client heard whispering in a bathroom and didn't even hear what that said whispering was about ... Weak isn't the word
To be fair, the process will be changed for future tests which is a great thing, but the way they achieved that was through low moral character and selfishness. If their main goal was to "fix a broken system," they would be labeled heros. We all know that is just a collateral result though, and they would have gladly had this exam tossed if they could. Thankfully the judge was smarter than that and clearly gave this case the attention it required.
Great phrase ineed63 ... Side effect ..the good that came out of this wasn't their goal... Main objective was to get on the list and use cheating as media leverage ... However they couldn't fathom that accusing a entire list of cheating and wanting to be on the list at the same time made zero legal sense .. Using a entire list as collateral is total scum move considering the vast majority passed this test the right way . People were notified to be promoted and told their families just to be used as a shock and awe parlor trick by these lack of characters
And I don't want to hear about the noe and ops orders ... I read the documents they hardly went after that and was poorly done ... The meat and potatoes was talking about speculative cheating and nonsense ... They should of consulted the 164 and not some lawyer that just took their money and used them to get his name out there in the papers ... the majority of 164 went to these protests to fight for points for these slimy individuals only to be spit in the face
Great phrase ineed63 ... Side effect ..the good that came out of this wasn't their goal... Main objective was to get on the list and use cheating as media leverage ... However they couldn't fathom that accusing a entire list of cheating and wanting to be on the list at the same time made zero legal sense .. Using a entire list as collateral is total scum move considering the vast majority passed this test the right way . People were notified to be promoted and told their families just to be used as a shock and awe parlor trick by these lack of characters
And I don't want to hear about the noe and ops orders ... I read the documents they hardly went after that and was poorly done ... The meat and potatoes was talking about speculative cheating and nonsense ... They should of consulted the 164 and not some lawyer that just took their money and used them to get his name out there in the papers ... the majority of 164 went to these protests to fight for points for these slimy individuals only to be spit in the face
You're right 70please, after checking my score and passing I still stayed there for the full 6 hours writing up protests for people to get points but for what, to later be kicked in the Labias. Unreal what we went through.
at least these slimy nine tried to do something albeit misguided, unlike the SBA who sat there and "monitored" the situation.... wtf good does that do if youre not gonna do something. You know the tvb was bunk, and you know flawed questions were kept that shouldn't have been. But great job SBA, you "monitored" the situation. How about next time, you attempt to help fix what was wrong instead of making 200 sergeants happy as opposed to 2,000 who may not have been happy, but satisfied they received a fair shake....
-- Edited by Sarge on Saturday 7th of May 2016 06:05:03 AM
at least these slimy nine tried to do something albeit misguided, unlike the SBA who sat there and "monitored" the situation.... wtf good does that do if youre not gonna do something. You know the tvb was bunk, and you know flawed questions were kept that shouldn't have been. But great job SBA, you "monitored" the situation. How about next time, you attempt to help fix what was wrong instead of making 200 sergeants happy as opposed to 2,000 who may not have been happy, but satisfied they received a fair shake....
-- Edited by Sarge on Saturday 7th of May 2016 06:05:03 AM
SBA really can't do anything. Too much civil service law, case law, and precedent on the department's side. Even when passing an exam, no one has a "right" to promotion. An article 78 suit challenging the tvb would have been appropriate, the federal Judge even asked why one wasnt pursued. Their answer was something to the effect of missing a deadline to file. which is obviously, completely on them. More importantly the SBA could be sued if they choose sides in a Sgt vs SGT suit, which is what the 9 turned this into.
-- Edited by Devil Dog on Saturday 7th of May 2016 02:06:06 PM
-- Edited by Devil Dog on Saturday 7th of May 2016 02:15:46 PM
you're right, SBA shouldn't have chosen sides, however they should've provided the capitol or advice or brought the article 78 themselves. If only to ensure a fair outcome of the test.....
-- Edited by Sarge on Sunday 8th of May 2016 03:38:08 PM
you're right, SBA shouldn't have chosen sides, however they should've provided the capitol or advice or brought the article 78 themselves. If only to ensure a fair outcome of the test.....
-- Edited by Sarge on Sunday 8th of May 2016 03:38:08 PM
I'm sure they would have provided them with at least information and guidance on the appropriate course of action. Guys on here were talking openly about what lawyer they saw and when. Not once did they mention calling the SBA or its lawfirm. Whenever I've called the SBA for anything, I've gotten great advice. but again, if you pass or fail, you have no "right" to be promoted. That's a big obstacle.
you're right, SBA shouldn't have chosen sides, however they should've provided the capitol or advice or brought the article 78 themselves. If only to ensure a fair outcome of the test.....
-- Edited by Sarge on Sunday 8th of May 2016 03:38:08 PM
The SBA didn't choose sides. Their statement that "The only position taken by the SBA throughout this matter has been that sergeants who have legitimately earned the right to be promoted should be promoted with all due haste" isn't taking sides, it's being normal and decent.
Everyone involved in this process, including those of us who passed legitimately, understand that this test was extremely difficult and the TVB was unfair. That doesn't allow for an excuse to delay promotions for sergeants who passed fair and square. It was a dirty move to go after the sergeants who legitimately passed this very difficult exam, we studied extremely hard to get on this list. Now that freezing promotions for those who earned it is off the table I wish the nine luck in getting on the list, but it was wrong of them to go the route they went.
agreed, they were misguided... Since the SBA wants to act like they are so concerned, maybe they shouldve been pointing them in the direction of an article 78, or even brought up their own lawsuit in the interest of hundreds of current members against a bs TVB
They don't care about other cops or their families, they just want to use their lawyer's connections at the Daily News to spew lies and worm their way onto the list.
I was no fan of the Daily News in the first place, but take note of how their "articles" are constructed. I wonder if every story the paper reports on is just a bunch of lies fed to them by some lawyer they owe favors to for whatever reason.
You're right though, the nine causing hardship to cops who did everything right is despicable, but I would expect no less from these worms.
