Dr. Barrett requested and received a professional fee of $125 for his services, and Drinker seeks reimbursement of this amount on the ground that he guided the Court and counsel to a fair and amicable resolution of this difficult issue. This fee will be assessed against the defendants.
3. Dr. Bernard R. Siskin's Fee
Statistical evidence is crucial in an employment discrimination case to establish the discriminatory impact of certain hiring and promotional tests and devices. See, e.g., Albemarle Paper Co. v. Moody, 422 U.S. 405, 95 S. Ct. 2362, 45 L. Ed. 2d 280 (1975); Griggs v. Duke Power Co., 401 U.S. 424, 28 L. Ed. 2d 158, 91 S. Ct. 849 (1971); Davis v. Washington, 168 U.S. App. D.C. 42, 512 F.2d 956 (1975), rev'd on other grounds, 426 U.S. 229, 96 S. Ct. 2040, 48 L. Ed. 2d 597 (1976);
Boston Chapter, NAACP, Inc. v. Beecher, 371 F. Supp. 507, 513 (D. Mass.), aff'd, 504 F.2d 1017 (1st Cir. 1974), cert. denied, 421 U.S. 910, 43 L. Ed. 2d 775, 95 S. Ct. 1561 (1975).
Dr. Siskin, plaintiffs' statistical expert, has filed an extensive and detailed affidavit describing the services he performed for plaintiffs. See Supplemental Petition for Unreimbursed Costs, Exhibit F. The importance of Dr. Siskin's role in this litigation is evidenced by the prior Opinion of this Court, in which much weight was given to his written reports and testimony on the background investigation and the police entrance and promotional examinations. Commonwealth v. O'Neill, supra, at 1088-89, 1092-1102.
Bernard Siskin is an associate professor and chairman of the Department of Statistics at Temple University, in Philadelphia, and as his resume attests, he is highly qualified in his field. He has published and performed research in the field of statistics, and he has also served as an expert witness and consultant in other employment discrimination cases. His affidavit states that the customary fee that he receives for consulting purposes is $300 per day. Although he expended more than 60 work days on this suit, and would be entitled to $18,000 at his usual daily rate, he requests $10,000 as the fee for his professional services.
The City objects to Dr. Siskin's request for compensation, and contends that his request is greatly exaggerated. Answer to Supplemental Petition for Unreimbursed Costs, p. 3. The City's first argument is that his fee is exorbitant; they compare the fee charged to the City by its expert, Dr. Bagley, which was $160 for a full day. In the last analysis, however, Dr. Siskin's total fee request of $10,000 averages out to $167 per day, only $7 more than Dr. Bagley's fee. Their second argument is that much of Dr. Siskin's work was done in conjunction with his responsibilities at Temple and benefitted him therein. While I cannot assess the accuracy of such an assertion, I conclude that it is irrelevant to a request for compensation for professional services that actually were rendered on behalf of parties to a lawsuit. Finally, they argue that much of his work was necessitated only after the City pointed out inaccuracies and misconceptions in his proffered testimony. Answer, p. 3. I agree with Drinker that such a characterization of his testimony "demonstrates a remarkable lack of candor on behalf of defense counsel." Drinker's Reply to the Defendants' Answer.
Dr. Siskin's $10,000 fee will be taxed against the defendants as costs.
4. Dr. Bernard Cohen's Fee
The plaintiffs' Memo of Updated Time Charges seeks reimbursement for the professional fee and expenses of Dr. Bernard Cohen, who testified on plaintiffs' behalf at a hearing before this Court on March 12, 1976. Dr. Cohen had prepared for the Rand Institute "perhaps the most comprehensive study ever performed on any police background screening device." Memo of Updated Time Charges, p. 11. Dr. Cohen's testimony, in conjunction with the study itself, fully reflects what can and should be done in validating a background screening procedure such as that utilized by the Philadelphia Police Department. Memo of Updated Time Charges, pp. 11-12.
Plaintiffs submit that Dr. Cohen's professional fee for his appearance and testimony, $300, and his transportation and hotel expenses, $98.80, are reasonable, and they seek reimbursement in the amount of $398.80. This amount will be taxed against the defendants.
Summary of Expert Witness Fees Allowed
Dr. Shelburne $ 300.00
Dr. Barrett 125.00
Dr. Siskin 10,000.00
Dr. Cohen 398.80
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