May 26

NYPD Disqualfication-Get the facts before you complete your APD5

The best advice you can receive if you want to be an NYPD officer is to get your Certificates of Disposition from any arrests or summonses you may have received and your Lifetime Abstract from New York State Department of Motor Vehicles before your complete your Applicant Processing forms.
If you guess about any arrests you may have or moving violations or summonses you had you will receive a Notice of Proposed Disqualification-NOPD stating that you are disqualified for “Ommission of Pertinent Facts.”
The NYPD or other hiring agency such as, NYC Department of Correction or FDNY have access to all of this information and when you submit an incomplete form they will compare it to their computer printouts and disqualify you.
To see other civil service case information visit www.sheerinlaw.com.
Also visit civilservice.sheerinlaw.com
To contact us call 516-248-3494 or email kevin@sheerinlaw.com

May 26

Can you get an attorney to help with a Notice of Proposed Disqualification (NOPD) from the NYPD?

Can you get an attorney to help with a Notice of Proposed Disqualification (NOPD) from the NYPD?
The simple answer is yes.
Recently, the NYPD started interviewing psychologically disqualified NYPD Police Officer candidates after they had received an NOPD and after having a psychologist submitting an expert report on their behalf.
If you have an attorney to prepare you for the upcoming NOPD interview your chances to be successful would increase. At times these interviews morph into interrogations and preparation can assist you in being able to handle harsh questioning.
No one can criticize you for speaking with someone prior to an oral psychological interview.
I would recommend hiring a civil service attorney from the first disqualification to prepare to get the best result in your appeal.
Call 516-248-3494 or email kevin@sheerinlaw.com to speak about your appeal and schedule a free consultation with a civil service appeals attorney.
Visit www.sheerinlaw.com for more information about NYPD disqualification appeals.
Visit civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

May 21

DCAS Notice of Examination and need to enter tasks performed

New York City’s Department of Administrative Services writes, administers and grades Civil Service Exams.
A Notice of Examination states the job requirements for a civil service title.
A Civil Service job candidate when filling out the application, which is often online, you should keep the job requirements in front of them as they fill out the forms.
You must write that you performed the specific tasks listed in the job requirements for at least the minimum amount of time listed for the job.
If you are not specific regarding the tasks you performed with the percentage of time you performed them you will be disqualified.

The first appeal is to the Committee on Manifest Errors. CME. You will be allowed to explain that you have the required experience as listed in the Notice of Examination but it still can be “too little, too late” result and you may receive a letter that your next appeal would be to the New York City Civil Service Commission.

You may want to take a photo of the tasks page as you fill it out in case of a software glitch.
Failure to write that you performed the tasks listed in the Notice of Examination will result in your disqualification.

Visit civilservice.sheerinlaw.com for more civil service law information

Teachers can visit attorneyforteachers.com

April 15

NYPD Psych disqualification

Candidates for NYPD and Nassau County Police Department and other law enforcement agencies may not be aware that the oral psychological exam can be rough.  The examiner, most often a Psychologist, can use an aggressive questioning pattern to find out if the candidate can handle confrontation.  Also the psychologist may repeat previously asked questions to see if they are are going to be met with consistent answers.

The candidate may think to themselves that this is unfair and I’m not be treated properly.

The best attitude is to be prepared to be confronted during the interview and maintain your composure.

For more NYPD psych disqualification information visit my website at www.sheerinlaw.com

April 7

NYPD Disqualification appeals

Matter of State Div. of Human Rights on Complaint of Granelle, 70 N.Y.2d 100, 103, 510 N.E.2d 799 (1987).

Here, Mr. Granelle was disqualified from employment as a NYPD Police Officer because of an asymptomatic back condition known as spondylolisthesis. The State Division of Human Rights found in his favor, but the Appellate Division dismissed his complaint. But the Court of Appeals reversed and held for Mr. Granelle.

The Division conducted an investigation and had a hearing before an Administrative Law Judge. During the hearing Mr. Granelle testified about his employment history, which most consisted heavy lifting such as working in the construction industry, laborer, and truck driver. But he stated that he never had any back problems that interfered with his jobs. He also introduced evidence from his personal physician who testified that this condition if present in about 10% of the general population and that this condition would not limit Mr. Granelle. The City used the testimony of an appeals examiner that did not conduct an examination of Mr. Granelle but opined that there was a great likelihood of low back disability in the future but there was no reliable statics regarding this. Mr. Granelle was examined by an independent orthopedist who said he his strength was normal.

The standard of review for the Court of Appeals is “when a rational basis for the conclusion adopted by the Commissioner is found, the judicial function is exhausted and is limited to determining whether the Commissioner’s finding of employment discrimination in this case is supported by substantial evidence in the record.” The court found that Mr. Granelle indeed suffers from a disability within the law. Under the statute there is an ”individualized standard“ such that the employer must demonstrate that the disability is such as would ”prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought“, failing which, the disability may not be the basis for rejecting the applicant. The court reasoned that the City failed to show evidence that Granelle isn’t able to presently perform the tasks needed. The City argued that there was a high possibility that he would be unable to perform the needed tasks in the future but there was no reliable statistics. Ultimately the court held, “employment may not be denied based on speculation and mere possibilities, especially when such determination is premised solely on the fact of an applicant’s inclusion in a class of persons with a particular disability rather than upon an individualized assessment of the specific individual.”

For more NYPD Disqualification information visit www.sheerinlaw.com

Appealing a New York Civil Service job disqualification

Appealing a New York Civil Service job disqualification