Representing himself, Winters fought the July 31, 2008 decision that denied his appeal, after he made what initially appeared to be the correct pick on one of several multiple-choice questions on the 81-question exam. The change dropped his score from 90 to 89.7, sliding him down the promotional list for battalion chief.
Courtesy: NHRFR
"Based on the information contained in the written description and diagram, you will select the best response
from the four choices provided for each test item," the test said.
The question in question:
"You are a recently promoted Battalion Chief. You have been dispatched to a report of a fire in a vacant warehouse. Police have reported smoke coming from the building.
"The structure is 100' X 100' and of mill construction. It is 6:00 a.m. with a temperature of 67 degrees Fahrenheit and a wind speed of 10 - 15 mph accompanied by gusts of up to 25 mph blowing from the east to the west.
"Weather channel reports an imminent storm approaching.
From pre-planning, you know that homeless persons sometimes occupy the building.
"The general collapse characteristic of a building of this type is:
(a) an early roof collapse.
(b) a parapet wall collapse near roof.
(c) a bearing wall collapse with instant floor collapse.
(d) a steel support beam separating from the main girder at the connection."
Winters chose (c), which was deemed correct by the experts who prepared the exam for the state Department of Personnel.
However, 30 people who took the same exam appealed, challenging the correct answers to 38 different questions -- including question #40.
After consolidating the appeals, the state Merit System Board issued a lengthy decision on Aug. 17, 2007. It rejected challenges to 36 questions while changing only two.
One of those two: Question #40.
The board changed the answer to "(a) early roof collapse....[which] can occur with a large open area and peaked truss roof, such as this warehouse."
Winters and fellow applicant Michael Curtin appealed. Curtin even submitted a letter from John W. Norman himself, author of "Fire Officer's Handbook of Tactics," who pegged (c) as the correct answer.
Northeast mills, constructed in the 1800s, were built of brick bearing walls and 12-by-12-inch wooden columns made of heavy timber spaced twenty feet apart in all directions, Norman wrote.
As a result, he said, "these buildings are quite stable."
Early collapses are "not a characteristic of mill construction," Norman concluded. Rather, the collapses "are often large-scale ones, with both walls and floors being affected."
Even though Norman wrote the manual, the board disagreed with him, arguing that the structure in Question #40 "is not a typical mill building." Curtin's appeal was rejected on Dec. 7, 2007.
Winters later was rejected by the Civil Service Commission, which cited the Curtin ruling.
"While it is true that this type of collapse is consistent
with mill construction, the layout of the diagram and description is such that this building could also be construed as a large warehouse," the commission wrote.
A state appeals court will reverse such administrative decisions only if "it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as a whole," according to the appellate court judges who reviewed Winters' case.
And that is exactly what the judges found.
"The Department of Personnel's own subject-matter experts who devised the firefighter's promotional examination designated (c) as the correct answer to the question," they wrote.
What's more, the judges said, the board itself cited "ambiguity between the description and the diagram."
Given that, the board should have "either disregarded the answer to question 40 entirely in scoring the promotional examination or else 'double-keyed' the answer," the judges ruled.
"[W]e reverse the Commission's denial of Winters's appeal and remand the matter to the Commission to determine whether to disregard or double-key the answer to question 40 and to take other appropriate action to implement this decision."
The third-largest fire department in New Jersey, North Hudson Regional protects more than 200,000 residents, as well as the tens of thousands of others who travel through the area every day. The 10-square-mile region includes four miles of Hudson River shoreline and averages 36,000 people per square mile, making it the most densely populated area in the nation.
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Publius
said:
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... Only in New Jersey. It is probable, that once it all comes to light that there was some "over riding social justice" and/or social engineering issues that the Merit Board was intent upon forcing, despite 150 years of fire behavior history in these buildings. And even more stunning, is the NJDOP the dismissing experts who prepared the exam for the state Department of Personnel, after they indicated that Mr. Winters had selected the correct answer. Also missing from the article, and therefor the "wisdom" of NJDOP and the Merit Board is the fact that heavy timber building, and all of their associated structural elements hold up under fire conditions at the rate of demise at about an inch and hour from fire exposure. As Chief Norman points out, these buildings are extremely stable. Ad even though he wrote the one of the foremost books, and is a nationally recognized expert on the topic, the Merit Board dismissed him. To future Battalion Chief Winters; Congratulations and thank you for taking on one of the most entrenched and bureaucratic agencies in not only the state, but the nation and defeating them. |
Jason
said:
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... I'm a day late on this because I was just recently introduced to the PILOT. However, I can not help but notice that this seems like maybe a hint of Karma. I'll explain; Steve Winters was the owner of a very popular gym in Secaucus called Health Concepts, which I was a member of. I got a full year of membership in at the gym and went in to speak to a salesperson regarding my renewal. The salesperson gave me what appeared to be an unbelievable deal and I signed on for a second year. What was ACTUALLY unbelievable is that this salesperson AND Mr. Steve Winters did not know that the gym was in financial trouble and would be closing it's doors, yet were still taking money from customers for renewals and for new memberships. Needless to say, two weeks later I came for a workout only to find the doors closed....permanantly! I later found a website where I was able to file a complaint, and from what I understand a class action lawsuit ensued. I believe that the AG stepped in at some point and filed charges as well. Here is a link for anyone who may be interested: http://www.state.nj.us/lps/ca/press/concepts.htm Mr. Winters, if you are reading this, maybe if you get that promotion and that big raise, you can send me that refund that I have been waiting for since 2002. You can still redeem yourself....it's never too late. Looking at the current financial landscape, I sure could use that $280.00 right about now! (laughing) |
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