July 26

New York State Civil Service Law section 76 Disciplinary Penalty Appeals

New York State Civil Service Law sect 76 allows permanent civil service employees to appeal disciplinary penalties.

The statute states in pertinent part: http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:

The New York City Civil Service Commission website explains the Commission’s role in the process:

http://www.nyc.gov/html/csc/html/appeals/s76disciplinary.shtml

After receiving discipline an employee may choose to file a lawsuit or Article 78 or appeal to the local Civil Service Commission. You can only choose one. You cannot file an Article 78 after appealing to the Commission or vice versa.  Click this link which is a case describing the choice of one appeal type only.

The issues the Commission decides are:

  1. Is there substantial evidence in the disciplinary hearing record to support the decision?
  2. Was proper procedure followed?
  3. Is the penalty reasonable?

If you believe the disciplinary penalty received was improper or excessive or you are facing termination you can discuss your case with an attorney who helps employees.

You can contact me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com

Read my blog civilservice.sheerinlaw.com

Email me kevin@sheerinlaw.com

Call toll free (888)998-9984

July 15

CRUCIAL TO CHECK EMAIL INBOX FOR NOPD OR NOD FROM NYPD

Candidates may have an overflowing inbox with 25, 50 or 100 emails a day.  If you miss a Notice of Proposed Disqualification NOPD email for an NYPD psychological disqualification or a Notice of Disqualification NOD and you do not respond within 30 days your appeal may be dismissed.

Candidates may claim, “I never got it!” but evidence can be submitted with the day, date and time the email was sent.

The best advice is to check your email inbox or spam folder every day very carefully because failure to do so can prevent you getting appointed to the job after spending 40-50 hours in applicant processing.

Another tip may be to set up an email filter to have your email provider separate the emails into a separate folder.

Case dismissals are occurring more frequently and close attention is required to prevent bad results.

Please call 516 248 3494 or

email kevin@sheerinlaw.com

visit http://civilservice.sheerinlaw.com for more information about civil service job disqualifications.

Appealing a New York Civil Service job disqualification
Appealing a New York Civil Service job disqualification
June 27

SHOULD I APPEAL OR WITHDRAW FROM AN NYPD NOTICE OF PROPOSED DISQUALIFICATION (NOPD)

Frequently the question arises should I take action and file an appeal or withdraw from a disqualification.

The answer lies in the circumstances and facts involved in your disqualification. There may be occasions when more time between incidents that caused you to be disqualified is a good idea and you may wish to withdraw and try again later.

There are very few benefits to withdrawing if your ultimate goal is to be an NYPD Police Officer. The withdrawal letter states that the next time you apply for the job the disqualification file will be used in determining your suitability.

Accordingly, you may wish to proceed with the disqualification appeal if your ultimate goal is to be appointed to that job.

You can visit my website at www.sheerinlaw.com

You can read civil service disqualification case summaries, tips, and tactics at civil-service.sheerinlaw.com

My twitter feed is @dqlawyer

Facebook Page

If you have any questions you can email me kevin@sheerinlaw.com

or you can call toll-free (888) 998-9984

June 17

NYPD Psych NOPD 2nd Interview

If you receive a Psychological Notice of Proposed Disqualification (NOPD) from the NYPD you would have 30 days to decide whether you would like to appeal.

If you do not take action most likely this disqualification would affect your chances to be hired by other law enforcement agencies.

The good news is that the NYPD has begun a second psychological interview or an NOPD interview for some candidates that choose to appeal.

This second interview occurs at a different location with a different psychologist from the first NYPD doctor that interviewed you. Based on the initial doctor interview and your expert or MHP – mental health professional’s report this interview with the different NYPD psychologist has been leading to some success of people getting their Psychological Disqualification reversed before having to appeal to the Civil Service Commission. This is good news for candidates as you may succeed by appealing your original NOPD disqualification.

If you’d like to schedule a free consultation at my Mineola office you can contact me at:

Toll-free
(888) 998-99844

Email me: kevin@sheerinlaw.com

You can visit my website www.sheerinlaw.com

Read my blog about Civil Service issues: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

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