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I to address these scenarios in the police academy and in training. Rather,these practical exercises and their 2 assessment are highly subjective and open to broad interpretation. Clearly, Ms. Ferrer was trying to justify 3 4 a decision made by Chief Valentin over which she either had no authority or control or she was simply 5 unwilling or afraid to oppose him. 6 94. On February 9, 2023, KACHIRISKY completed the Practical Exercise. There were no 7 observers or members of Human Resources present during the interview.The panelists were essentially left 8 9 to their own devices.KACHIRISKY was informed later that day that he had passed the interview and would 10 proceed to the Enhanced Resume interview the following week. 11 95. However, in the aftermath of the Practical Exercise interviews, a disturbing revelation was 12 uncovered through conversations between department members and panel interviewers. One of the 13 14 candidates had clearly failed the interview based on their unsatisfactory responses to the scenario.Two panel 15 members readily agreed that the candidate had failed. Another panel member indicated that he personally 16 worked with the candidate,however,and knew the candidate could properly handle the scenario despite not 17 being able to articulate it sufficiently to pass the interview. This panel member subsequently persuaded the 18 19 other two panel members to alter their scores in order to allow the candidate to pass. Department members 20 immediately began to speculate as to the identity of this candidate as well as how many other candidates 21 received this type of preferential treatment or treatment of the opposite effect. 22 96. On February 16, 2023, KACHIRISKY completed the Enhanced Resume Assessment. A 23 24 civilian employee from the Human Resources Division was present in the interview room. However, she 25 was entirely and obviously preoccupied with her cell phone during the entire course of the interview and 26 seemed to be paying no heed to anything occurring during the interview. 27 97. Candidates were subsequently informed they would not be notified if they passed or failed 28 the Enhanced Resume Assessment until February 27, 2023. This was an inordinately long period of time 24 KACAIRISKY v. CFFY OF SANTA ANA CASE No. COMPLAINT