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

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.

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.