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.

February 6

NYPD disqualification- “Omission of Pertinent Facts”

If you want to be successful in being hired for a New York Civil Service job, especially Law Enforcement jobs such as NYPD you have to gather the accurate data before filling out your investigation paperwork.

Best policy is to go to any the Clerk of the Court in any county in which you were arrested or received a summons and get a Certificate of Disposition.

Get a LIFETIME driver’s abstract from the NYS Department of Motor Vehicles. Go to the DMV website for instructions on how to do this and give a couple of weeks to receive the document.

Get all school and work discipline records.

Failure to accurately record this information on your APD5 will not be excused by the hiring agency.

You will receive a disqualification notice with OMMISSION OF PERTINENT FACTS checked off.


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 30

What are the rights of disqualified NYPD Candidates?

DCAS is New York City’s personnel department. DCAS has delegated the task of investigating applicants to the NYPD. You can appeal an NYPD disqualification. Applicants who are disqualified from appointment may challenge an agency’s findings on the grounds that such findings were made in bad faith or were arbitrary and capricious.

There are three potential appeals:

NOPD- Notice of Proposed Disqualification. Based on NYS Civil Service Law 50(4) a hiring agency must give a disquafied candidate an opportunity to provide explanations for a proposed disqualification in writing.

NOD Notice of Disqualification A disqualified candidate next appeal a disqualification to the Civil Service Commission.

If the disqualification is upheld by the Civil Service Commission the candidate can file an Ariticle 78 lawsuit in the New York State Supreme Court in the County concerned.

Visit my blog civilservice.sheerinlaw.com

Visit my teacher issue website www.attorneyforteachers.com

If you have any questions or comments please contact me at (516) 248-3494.

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.