October 3

How to avoid an NYPD Character Disqualification

If you have been arrested you must check that you have been arrested on your APD5. Frequently, candidates give the excuse that someone told me my arrest was sealed. This will not work. If you have been arrested you must state you were arrested and when you were arrested no matter what the disposition in your court case.

If you were suspended in school you would have to say you were suspended in school. Your investigator and psychologist will ask for authorizations to find about school discipline and when they get reports from your SUNY school or another college that you were suspended you will be disqualified and most likely will be unable to have a successful appeal.

If you were terminated from a job you should say you were because when the NYPD gets your Social Security lifetime history they will see what jobs you have had and you have to explain why you were let go from certain jobs.

Unfortunately, if you don’t reveal these things you will get disqualified and will not be able to explain them away.

If you receive a NYPD NOPD for character disqualification I offer a free consultation in my office in Mineola.

Call me at 516 248 3494.

Email me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com

Read my blog civilservice.sheerinlaw.com

My Twitter is @dqlawyer.com

September 12

Background Portion of the Psychological Exam

Candidates are sometimes surprised by the thoroughness of the psychological exam including the written and oral components. Additionally, candidates can be shocked to learn how thorough the psychologist will be when investigating the following: school work; interpersonal relationships; family relationships; legal issues; financial issues; substance use or abuse; alcohol use or abuse and mental health history.

The psychologist will request documents from as far back as pediatrician records which often makes candidates wonder if the request is proper. Additionally, early psychotherapy records from childhood trauma or a parent’s divorce will be requested.

Often psychologists who counseled candidates in childhood may have closed their practice or discontinued work, retired or passed on or destroyed the records. Nevertheless, candidates must show that they made every effort to obtain the records and prove that to the interviewing department psychologist.

If a psychologist receives records after the oral interview the psychologist will review the records before making a final decision.

Attached is the international Association of Chiefs of Police Guidelines for Pre-Employment Psychological Evaluations. They are used by many Law Enforcement agencies.

Click here to check the attached document

Candidates should be aware that if there are documents from their past that indicate some testing or illness or issues regarding school discipline or expulsion or work discipline or termination will be requested by the interviewing psychologist.

If you have any questions or comments you can contact me by:

Phone number: 516 – 248 – 3494

You can email: kevin@sheerinlaw.com

You can visit my blog at: civilservice.sheerinlaw.com

You can visit my website at: www.sheerinlaw.com

Twitter feed: @dqlawyer

Facebook: law_office_of_kevin_p_sheerin

August 27

MUST APPEAL NYPD PSYCH NOPD OR HAVE CASE DISMISSED LATER

There is some confusion among candidates about whether they must appeal and NYPD psych NOPD. (Notice of Proposed Disqualification)

To clarify: you must appeal an NYPD NOPD psychological disqualification at the NOPD stage or your appeal will be dismissed.

The Psychological Assessment section file may only be reviewed by a licensed health care professional. Your only opportunity to have your Psychological Services Assessment section file reviewed during this administrative process will be at this time.

IF YOU DO NOT SUBMIT ADDITIONAL INFORMATION BY THESE DEADLINES, THIS PRELIMINARY DETERMINATION OF PSYCHOLOGICAL UNSUITABILITY WILL BECOME FINAL. YOU WILL NOT HAVE AN OPPORTUNITY TO HAVE YOUR FILE REVIEWED BY A LICENCED HEALTH CARE PROFESSIONAL DURING THIS ADMINISTRATIVE PROCESS AND YOU WILL RECEIVE NOTIFICATION THAT YOU HAVE BEEN DISQUALIFIED.

If you try to begin your appeal, as many people would revise you at the NOD stage the NYPD Legal Bureau will move to dismiss your appeal for failing to exhaust your administrative remedies and failing to have your psychological file sent to your Mental Health Professional (MHP) at the NOPD stage. Your appeal may be dismissed.

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

August 10

Civil service job disqualification NYPD (psych disqualification) and FDNY (medical disqualification)

When you receive a civil service job disqualification such as NYPD psych disqualification or/and FDNY medical disqualification it’s crucial you mean with the civil service law attorney to discuss your case.

An attorney who is knowledgeable in the area will be able to describe the appeal process and its three steps. The attorney will be able to get your background history and the complete story of your application process any interaction you may have had with the hiring agencies interviewers and discuss the best way to approach an appeal.

This is best done in person. The spent time to review documents to discuss your life, your education, your work history and any jobs you may have had. Also good to discuss what happened during the application process whether it be background or medical or psychological. After getting all the facts then you can decide if you would like to act.

It is always best to communicate, get all the facts, discuss the strategy and decide if you like to take action. Sometimes deferring to another test or looking at other jobs may be the best advice.

I’ve been helping civil service job candidates for 16 years in filing appeals and also telling them when their appeals may not be successful.

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

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

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