On August 13th I gave a presentation at a PTC-NC luncheon about the Ricci decision. We had a great discussion about the implications (which remain to be seen) and dissected several passages from the decision.
One of the questions that came up had to do with the pass point. I didn't know the answer at the time, but looking back at the case it turns out that the City charter mandated a 70% pass point for these exams. Which is funny, because I made a joke about how 70% is the magic cutoff score given its ubiquity, particularly in the public sector.
In a perfect testing world would the pass point be based on an analysis of the minimum competency level required for the job? Yep. Did the 5-member majority in this case care? Nope.
You can view the (mostly visible) slides below.