only 53 applicants were left, 10 black (18.9 percent).44 In an effort to improve on this, the police division ordered all its officers to carry and disseminate application forms. The World-Herald reported that Lt. Pitmon Foxall, the department's ranking black officer was assigned to head the special effort that would make "each and every Omaha police officer" a recruiter of blacks.45 By August 1981, the World-Herald reported that the department had assembled a class of 33, of whom 12 were black (one fewer black recruit than needed to meet the goal of 40 percent and eight fewer recruits of all races in the class than desired to meet department personnel needs).46 At the time of appointment, Sept. 1, 1981, the class had become 34 persons, of whom 14 were black (41 percent of the class).47 The city reported three other black applicants were offered appointments but declined to accept them.48

Selection devices for applicants to become police officers consist of a written examination, physical agility test, polygraph examination, oral interviews, medical examination and psychological profile.49

The written examination was mentioned by the city personnel director as being a problem because it is multiple choice which does not give an accurate assessment of recruits' reading and writing abilities. In commenting on the draft, Mr. Troutman said that applicants are not required to do any actual writing but grammar and spelling skills are tested.50 Mr. Troutman has ordered some of his staff to work with training personnel from the police division to develop another test. The new test should be ready for the September 1982 recruit class.51

The Omaha police division provided data to the Advisory Committee on selection and hiring for classes begun Dec. 16, 1977; Aug. 7, 1978; Dec. 1, 1978; Sept. 1, 1981 and Dec. 16, 1981. In the class of Dec. 16, 1977, 3.2 percent of white male, 1.6 percent of white female and 2.5 percent of black

male applicants were ultimately hired. For the class appointed Aug. 7, 1978, 5.9 percent of white male and 10.9 percent of white female applicants were appointed (no black applicants were appointed). For the class appointed Dec. 1, 1978, 3.2 percent of white male and 3.6 percent of white female applicants were appointed (no black applicants were appointed). For the class of

Dec. 16, 1981, 0.8 percent of white male, no white female, 2.2 percent of black male and 1.2 percent of black female applicants were appointed. For the class of Sept. 1, 1981, 1.6 percent of white male, 1.7 percent of white female, 4.8 percent of black male and 3.5 percent of black female applicants were appointed.52

There are marked disparities in the success rate on the examinations. In examinations for the recruit class of 1977, 81.1 percent of white male applicants were placed on the eligibility list, while only 69.4 percent of white female, 67.5 percent of black male and 45.5 percent of black female applicants were placed on the list. For the 1978 classes the pass rate for white male applicants on the written exams was 52.7 percent compared to 65.5 percent for white female, 11.1 percent for black male and 30.8 percent for black female applicants. The pass rate on the physical test was 43.6 percent for white male applicants compared to 32.7 percent for white female, 6.7 percent for black male and 15.4 percent for black female applicants. The pass rate on the interview was 32.5 percent for white male applicants compared to 20.0 percent for white female, 4.4 percent for black male and 7.7 percent for black female applicants. Of the applicants who reached the eligibility list for 1978, 32.5 percent of the white male applicants did so, compared to 20.0 percent of white female, 4.4 percent of black male and 7.7 percent of black female applicants.

The pass rate on the written and physical examinations for white applicants for the 1980-1981 classes was 42.8 percent, compared to 23.6

percent for white female, 20.5 percent for black male and 17.7 percent for black female applicants. The pass rate on the interview was 24.3 percent for white male applicants compared to 18.7 percent for white female, 17.4 percent for black male and 15.5 percent for black female applicants. The pass rate on the polygraph examination (not all applicants reported) was 2.8 percent for white male applicants compared to 2.2 percent of white female, 9.2 percent of black male and 5.9 percent of black female applicants. The rates on the remaining sections of the examination were essentially similar.53 In view of the subsequent concern expressed about the polygraph portion of the test, it is interesting to note that 11.1 percent of white male, no white female, 44.7 percent of black male and 50.0 percent of black female applicants who took the polygraph test failed.54 The minority failure rate was 10 times that of the interview phase which preceded it.55 The physical agility test has been validated for job relatedness, Mr. Troutman stated. 56 It was never mentioned in any interview as a source of contention. Similarly the medical examination and psychological profile were not mentioned.

Omaha is unique among the cities surveyed by the World-Herald in rejecting candidates based on a polygraph examination. Five other area police units contacted by the newspaper--the Nebraska State Patrol; the Kansas City, Missouri, Police Department; the Des Moines Police Department; and, the Lincoln Police Department use the polygraph but none would reject an applicant on the basis of the results. Indeed one applicant who failed the test, the grandson and son of Omaha officers, subsequently passed similar tests and became an officer in another jurisdiction. Usually, the polygraph is used in conjunction with a background investigation but Omaha does not do a background check because it believes the checks are too expensive.57 In commenting on the draft, Mr. Troutman said the city did a modified background investigation which was described as a check on criminal and traffic records.58 The

polygraph examination is controversial.

Some community leaders interviewed

see it as a means of rejecting otherwise qualified minority applicants.59 A State parole officer, who was rejected for a police job because of the test, filed suit in Federal District Court in August 1981 alleging the test discriminates against blacks. He alleged that 68 percent of recent black applicants were disqualified on the basis of the polygraph test, while 32 percent of white candidates were similarly disqualified.60 The case is still pending.61 But Deputy City Attorney James Fellows asserted that while only one person was rejected in recent tests for lying, many were rejected for truthfully reporting criminal pasts which would disqualify them. 62 The police denied the test was discriminatory.63 In October 1981, an effort by Fred Conley, the only black member of the city council, to eliminate by ordinance the polygraph test was rejected. But the mayor did order changes in the procedure including transfer of administration of the test to the city personnel department, creation of a panel including a minority person to develop questions and an agreement to review the effect of the changes. He also said the city council could decide to abandon the test if it continues to have an adverse effect.64 The Mayor told the Advisory Committee that he is not sure yet if it will be retained as a screening device. He commented that he believes it can serve some purpose if it is properly administered and the test questions are relevant. He said an expert not connected with the police force had been brought in to do the latest round of testing.65 City

Councilmember Fred Conley said "the jury is still out" on the polygraph which he contends is inappropriate as a screening device.66

A letter from the city to the U.S. Department of Justice regarding

compliance with the consent decree explains that substantial changes have been made in the administration of the polygraph. The letter, dated January 19, 1982, states:

....Presently the examination consists of eighteen (18) standardized questions covering specific job related areas dealing with a candidate's previous criminal activities, use of drugs, latent physical deficiencies and work history. These questions are then verified by polygraph evaluation and the candidates responses, together with the polygraph evaluation, are assigned a numerical score by a three-member committee consisting of the Chief of Police, a personnel evaluator and a lay member of the general populace, applying pre-set standards to the given responses. This numerical evaluation is then considered together with scores from other facets of the pre-employment testing in making a final determination of selection or non-selection.67

Acting Chief Jack Swanson stated his belief that the polygraph issue finally has been settled by introducing the new procedures. He commented that at one time the police division had a polygraph operator on its staff but stopped administering the test because of complaints that it was not being handled fairly. Then a person outside the department was hired (but from Omaha) and the problem worsened. Acting Chief Swanson did not foresee the police division taking back the responsibility for the test because there would be too much "suspicion." 1168

After the polygraph, candidates are interviewed by one of three panels. Acting Chief Swanson stated that these are composed entirely of police personnel, each panel consisting of three officers with the rank of lieutenant or captain. Currently there is only one black officer on one of the panels, there had been two at one point. Appearance is considered by the panel although a candidate would not be rejected on appearance alone. Questions are asked from a list of set categories so while the categories covered remain the same for all candidates, specific questions might change. Acting Chief Swanson said the interviewers receive 16 hours of training on interview techniques.69 However, the oral interview was criticized by members of the Midwest Guardians as being unstructured. They alleged irrelevant and perhaps even illegal questions were used. They stated it is impossible to check because there is no set of specific questions. They believe a civilian or at least a representative of the personnel department should be on the interview