Floodgates at fire department remain closed

A San Diego firefighter who has accused the department of racial discrimination and harassment has filed a new complaint against the city and department for refusing to provide testing materials for a captain's exam that he was said to have failed.

The latest complaint, from fire engineer Steve Choi, says the San Diego Civil Service Commission denied his request to review his written examination as well as the grading criteria for the test. The commission refused the request on grounds that the information was proprietary and by releasing the grading criteria the department would be "open[ing] the floodgates."

"Though the Commission was asked what it meant by that phrase, it never explained how it [was] applied," reads the May 6 complaint. "One can only presume it meant that allowing review of the materials would in turn allow a wider swath of individuals to challenge their scores on the promotional exams. However, concerning itself with the relative workload of the Personnel Department in relation to such challenges is not the role of the Commission…. Moreover, there was no evidence of any kind presented at the hearing that any 'gate' would be opened, let alone a 'floodgate.'"

Choi asked to review the test to make sure the test was scored properly and to ascertain which areas he needed to study.

In November 2013, Choi sued the city and the fire department for discrimination. According to the lawsuit, Choi's last name and Asian ancestry became punchlines in department jokes. His colleagues in the department called him "Bock Choi" and "Hop Sing." Ten years prior, the department had accused Choi of negligence while performing a work task. A ruling from the state cleared disciplinary actions against him, but the department insisted on demoting Choi from paramedic duties, resulting in a pay cut.

"The reason Choi has not been reinstated is his Asian/Korean ancestry and a long-standing culture within the Department alienating and ostracizing such individuals," reads the November 2013 lawsuit. "Choi has personally witnessed negative comments made towards himself and, generally, those of Asian/Korean ancestry, in addition to the disparate treatment...by Criss Brainard, Deputy Chief EMS for the Department."

Choi's discrimination lawsuit is set for an October 2015 trial.