Judge appoints ex-DA Morgenthau in FDNY bias case

A federal judge Wednesday blasted the Bloomberg administration for foot-dragging on an order to end discrimination against minorities in hiring at the New York City Fire Department and named former District Attorney Robert Morgenthau as a special master to get things moving.

"The City does not appear to understand that it already lost this case, and that its obligation now is not to fight tooth and nail against the possibility of change, but to move with alacrity to cure its illegal practices," wrote U.S. District Judge Nicholas Garaufis in Brooklyn.

"Put bluntly, the constitutional rights of thousands of its citizens are at stake."

Garaufis ruled in January that the city's past firefighter hiring exams discriminated against minorities, and that a pattern of discrimination dating back decades had left blacks and Hispanics with only 3 to 4 percent of jobs.

He ordered preferential hiring of applicants discriminated against in past exams, evaluation of the current exam to see if it can be used to make hiring decisions in the short-term, and development of a new exam and new procedures to guide future hiring.

The lawsuit was brought in 2007 by the United States and by the Vulcan Society, an organization of black firefighters. The Bloomberg administration has disputed some of Garaufis' conclusions, but the city can't appeal until the judge adopts a final order to remedy the discrimination.

Morgenthau, 90, who retired this year after nine full terms as Manhattan district attorney, was a surprise choice to try to push the case forward.

His name did not appear on lists of suggestions submitted by both sides, and he had clashed publicly and sharply with Mayor Michael Bloomberg during his last term over the use of funds collected in court cases and other matters.

Richard Levy, a lawyer for the plaintiffs, praised the appointment. "I don't know Mr. Morgenthau, but I know he has a very strong reputation for integrity and no one on either side will push him around," Levy said. "That's what's important."

Bloomberg, who will now have to implement a decision he doesn't like under a master he has fought with, did not offer praise. City Hall referred calls for comment to the law department, where a representative said, "This is a lengthy order in a very complex case, and we're reviewing it now."