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z9 <br /> be too small to yield reliable or meaningful numbers for many years to come. It is only by • <br /> accumulating data for all 36 cities for 17 years that a sufficient number of .African American <br /> applicants (47) come into the system to generate statistics that are even arguably meaningful or <br /> representative. Even using the entire MPRS data base, the trial evidence shows that the number <br /> of African Americans testing was three or fewer in 8 of 15 years through 1993. <br /> The most accurate picture of the applicant pool is derived from the largest data base. <br /> That data base is the MPRS applicant pool which includes applicants for all MPRS cities and <br /> covers a time period of 17 years. This experience involves approximately 7,000 applicants. <br /> Moreover, the use of these numbers for the 17 year period, is related to the employment practice <br /> which is the subject of this case. Hiring goals based on statistics which do not include this <br /> MPRS testing experience will be unrelated to the employment practice which was the subject of <br /> this case, particularly in cities which no longer use the MPRS testing process. Additionally, it <br /> is not practical to combine applicant pool statistics from the MPRS members because there will <br /> be significant overlap in these different applicant pools. Therefore, the defendant cities propose <br /> that the number of African American applicants and the number of white applicants be taken <br /> from the MPRS testing statistics. <br /> A separate question is how to determine the numerator of the two ratios, i.e., the number <br /> of African Americans hired and the number of whites hired. <br /> Defendants submit the proposal that these numbers be determined by the numbers of • <br /> African American and white hirings in all of the defendant cities from the inception of the MPRS <br /> testing process to the date of the determination whether the commitment has been met. Only by <br /> accumulating data on hirings from all defendant cities is it possible to relate the hiring <br /> commitment to the effects of past discrimination. The number of African Americans in the total <br /> applicant pool is only a very small percentage of the number of whites. Therefore if a hiring <br /> commitment were to apply to each individual city, each city which hired one African American <br /> would have a selection rate of African Americans which exceeded the selection rate of whites. <br /> Each city which had not hired an African American would have a selection rate of African <br /> American's which fell short of the selection rate of whites. If each individual city were required <br /> to have an African American selection rate which equalled or exceeded the selection rate of <br /> whites, 36 African Americans would have to be hired, one for each of the defendant cities. This <br /> would be an overall selection rate for African Americans which is over five times the selection <br /> rate for whites. Nothing in the record suggests that a race conscious remedy of that magnitude <br /> is Justified. <br /> The participating cities would be required to continue all efforts described in the propo-,al <br /> submittal herewith (in response to Order No. 4 as it relates to Findings 14a and b of the Order <br /> of November 6, 1995), until this commitment is met. <br /> • <br /> CLL99571 2 <br /> MP110-2 <br />