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 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

February 8

Appeal NYPD disqualification/Civil Service Disqualification

Daubman v Nassau County Civ. Serv. Commn., 195 AD2d 602 (2nd Dept 1993).
• The applicant, a police officer, applied for a position with the police department and passed the requisite examinations. The commission determined that the applicant was disqualified from eligibility based on an X-ray that revealed the presence of a back condition. The commission’s physician speculated that the condition could render the applicant more susceptible to a serious disability if he suffered a future back injury.
• The court held that the commission unlawfully discriminated against the applicant based on his mere membership in a class of persons with the same condition instead of on an individualized assessment of his particular abilities.
• The court held that the determination was arbitrary and capricious because it was premised upon speculation regarding possible future disability rather than fact or concrete medical evidence that the applicant was rendered unfit to perform his duties as a result of his condition.
• On appeal, the court granted the applicant’s petition, annulled the determination of the commission, and reinstated the applicant to the status of an eligible candidate for the position of police officer with the county.
• The court stated that there was no showing petitioner’s condition rendered him incapable of performing in reasonable manner activities involved in being police officer. Furthermore, the court held that the Commission’s determination was premised solely upon speculation regarding possible future disability, and record contains no concrete medical evidence demonstrating petitioner would likely be rendered unfit to perform police duties in future as consequence of his condition. Most importantly, the court decided that the Commission’s determination to be arbitrary and capricious because it is premised upon speculation rather than fact.

Read about this Civil Service Disqualification case here.

Visit civilservice.sheerinlaw.com

Appealing a New York Civil Service job disqualification

Appealing a New York Civil Service job disqualification

for more information about Civil Service Disqualification Cases.

January 17

NYPD disqualification appeal process.

Here is a link to my powerpoint video describing the NYPD disqualification, FDNY disqualification, Department of Correction and other disqualification process.

Contact me by calling 516-248-3494 or email me at kevin@sheerinlaw.com

December 4

NYPD Disqualification appeal

If you received a Notice of Proposed Disqualification in your email inbox you can appeal. I offer a free consultation if you receive an NYPD psychological disqualification, medical disqualification or character/background disqualification. Please call 516-248-3494 or email me at kevin@sheerinlaw.com to arrange for a free consultation. Two factors are crucial in your disqualification appeal. The first is following the appeal process. The second is the facts of your case.

It is vital that you consult with someone experienced in this appeals process. Appealing the Notice of Proposed Disqualification NOPD on your own can cause you to miss opportunities to make crucial arguments that could turn the appeal in your favor.

Please call or email me to discuss your appeal.