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1 87. Moreover, the test contained a number of questions taken directly from prior Sergeant and <br /> 2 <br /> Corporal written tests. Some of the material was dated and no longer applicable.Not only did this give rise <br /> 3 <br /> 4 to the question of the reliability of the so-called"subject matter experts,"but it demonstrated how rapidly <br /> 5 the test had been assembled.It appeared to have been"thrown together"in a rush to push it through. As the <br /> 6 test was relatively simple compared to previous tests,all of the candidates,including KACHIRISKY,passed <br /> 7 <br /> the test. <br /> 8 <br /> 9 88. During this time, Valentin appointed Lieutenant Lizardi to be in charge of the Training <br /> 10 Division and Human Resources. Moving Lizardi to Human Resources (where he would be privy to <br /> 11 information concerning the test and testing results)was an enormous conflict of interest,given that his wife <br /> 12 <br /> was currently in the testing process. <br /> 13 <br /> 14 89. The internal interviews were scheduled to occur two weeks after the written test-which was <br /> 15 normal practice in the Sergeant and Corporal testing processes.It became known that there was a scheduling <br /> 16 problem with Lieutenant Andrade as he had training during the week of the interviews.Department members <br /> 17 <br /> confirmed this was correct through the ISE departmental scheduling system. Typically in this situation, <br /> 18 <br /> 19 which frequently arises during testing processes,another ranking member of the department would be called <br /> 20 to fill in for the unavailable panel member. Lieutenant Andrade's impending absence from the process <br /> 21 created a considerable stir among applicants because the remaining lieutenants who could replace him were <br /> 22 <br /> those considered(wrongly or rightly)to be from"the POA camp". In other words, only lieutenants whom <br /> 23 <br /> 24 Chief Valentin and his faction had labeled as "opposition"were available to replace Lieutenant Andrade. <br /> 25 This generated some excitement among those candidates deemed unpopular or associated with the wrong <br /> 26 "camp"because there was a chance now that the panel might become slightly less biased against them with <br /> 27 <br /> a lieutenant not from the Valentin camp. <br /> 28 <br /> zz <br /> KACAIRISKY v. CFFY OF SANTA ANA CASE No. <br /> COMPLAINT <br />