May 14

How to Avoid a NYPD Character Disqualification

YOU MUST BE CANDID AND HONEST…

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

If you were suspended in school, you must disclose that you were suspended. Your investigator and psychologist will ask for authorizations to find out if you ever had any school disciplines, and when they get reports from your SUNY school or any other college that you were suspended, you will be disqualified, and will most likely be unable to have a successful appeal.

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

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

Law Office of Kevin P. Sheerin

As a civil service appeals attorney with more than 18 years of experience, I have helped many NYPD candidates win their disqualification appeal. I can help you too.

If you have questions about your disqualification and would like to schedule a free consultation at my Mineola office, please do not hesitate to call me at 516 248 0040.

You can also email me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com for more information about NYPD disqualification appeals.

Visit my blog civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

Twitter feed: @dqlawyer

Facebook: law_office_of_kevin_p_sheerin

Please visit my blog at New York Civil Service Attorney.

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May 14

BE CAREFUL when hiring a Psychologist to help with your appeal…

Part of the appeal process for psychological disqualification is finding a psychologist who will help you by making the strongest arguments for your candidacy. If the psychologist is unable or unwilling to look at your good points, strengths, adversities you’ve overcome, accomplishments, perseverance over hardships, and persistence in improving despite any difficulties or disabilities you may have had, then you should look for a different psychologist. The psychologist you hire SHOULD BE ON YOUR SIDE, advocating for you. Before you choose a psychologist to assist you with your disqualification appeal, ensure that you have an agreement with them, that if they don’t believe you are qualified, they will let you know beforehand, and they will not forward their report to any hiring agency, such as the NYPD, stating that you are psychologically unsuitable.

Beware of psychologists who charge you a very low fee, tell you they will help you and then do a superficial interview, as they may simply use the NYPD’s testing to confirm that you are unsuitable, and then send a report to the NYPD stating that you are unsuitable, without ever telling you. If this happens, not only did they not help you, but they have destroyed any chance you had of ever becoming a NYPD officer.

You should make a clear agreement with any psychologist you hire that they will discuss their findings with you BEFORE sending any report to the NYPD.

The psychologist you are considering MUST understand that they are supposed to be advocating for you, and if they don’t believe you are suitable, then they should let you know that they cannot support your candidacy, AND FURTHER AGREE that they will not forward any report to the NYPD if they come to such a conclusion.

If this does happen, at least you will have an opportunity to find someone else that is willing to help you and support your appeal.

You can read my e-book about the disqualification appeal process by clicking this link.

http://www.sheerinlaw.com/wp-content/uploads/2017/02/Appealing-a-New-York-Civil-Service-job-disqualification.pdf

Here are two videos that discuss the appeal process.

Law Office of Kevin P. Sheerin

If you have any questions and would like to discuss the appeal process, please feel free to call me at 516-248-0040. You can also email me at kevin@sheerinlaw.com with any questions, and let me know a good time to reach you for a free phone or zoom consultation.

Email me: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

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May 14

You Must Appeal NYPD Psychological Review NOPD or Your Case will be Dismissed Later

Law Office of Kevin P. SheerinThere is some confusion among candidates about whether they must appeal a NYPD psychological review Notice of Proposed Disqualification (NOPD). To clarify: you must appeal a 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 LICENSED HEALTH CARE PROFESSIONAL DURING THIS ADMINISTRATIVE PROCESS AND YOU WILL RECEIVE NOTIFICATION THAT YOU HAVE BEEN DISQUALIFIED.
If you try to begin your appeal at the Notice of Disqualification (NOD) stage, as some people will advise you to do, 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.

As a civil service appeals attorney with more than 18 years of experience, I have helped many NYPD candidates win their disqualification appeal. I can help you too.

If you have questions about your disqualification and would like to schedule a free consultation at my Mineola office, please feel free to call me at 516 248 0040.

You can also email me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com for more information about NYPD disqualification appeals.

Visit my blog civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

Twitter feed: @dqlawyer

Facebook: law_office_of_kevin_p_sheerin

Please visit my blog at New York Civil Service Attorney.

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May 13

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, discontinued work, retired, 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 any documents from their past that indicate some testing or illness, or issues regarding school discipline or expulsion, or work discipline or termination, these documents will be requested by the interviewing psychologist.

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 this is unfair, and they are not being treated properly. The best attitude is to be prepared to be confronted during the interview, and maintain your composure.

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

What are the best tips for doing well on a NYPD Oral Psychological Interview?

  1.  Cooperate by arriving on time and dressing properly.
  2. Show respect for the psychologist by addressing them as “Doctor”, not Chief, Boss, Pal or Buddy, which will get you disqualified for showing disrespect during an interview.
  3. Realize that the interview can be aggressive and your answers will be challenged.  The psychologist may loop back and repeat prior questions to ensure you are being consistent in your answers.
  4. Be forthcoming because deceptive answers can be more damaging than revealing answers that you think may be problematic.
  5. At the end of the interview you will be asked to provide authorizations for your school, medical and other records, and if those documents contain information contradicting your answers you can expect a bad result.

What can be expected in the NYPD psychological testing process?

The NYPD will give you a written exam consisting of hundreds of questions.  After the examination is scored you will be called to meet with a NYPD Psychological staff member for an oral psychological interview.

You may be asked questions about your answers given on the written exam, and you will be asked to explain your answers.

You will be asked questions about:

Education History
Work History
Driving History
Arrest History (if any)
Psychotherapy or medicines taken
Family and Relationships
Other relevant topics

You will also be asked to explain any issues that arise in any of the above topic areas.

You may be asked to provide authorizations for the Psychologist to get documents from schools or jobs, and you will have to provide to them to complete the process.

You may receive notice that you have been placed on psychological review.  This review can take some time as other members of the NYPD team review your file.

Thereafter, you may receive a Notice of Proposed Disqualification or NOPD stating that you have 30 days to appeal.

Law Office of Kevin P. Sheerin

As a civil service appeals attorney with more than 18 years of experience, I have helped many NYPD candidates win their appeal. I would be happy to help you too.

If you have questions about your NYPD Psychological Disqualification or NYPD Psychological Review, and you would like to schedule a free consultation at my Mineola office, please do not hesitate to call me at 516 248 0040.

You can also email me at kevin@sheerinlaw.com

Visit www.sheerinlaw.com for more information about NYPD disqualification appeals.

Visit civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

Twitter feed: @dqlawyer

Facebook: law_office_of_kevin_p_sheerin

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May 13

NYPD Disqualification FAQs

Law Office of Kevin P. Sheerin

What must I do every day as a candidate?

If you are processing to be a NYPD officer you must check your email everyday.

When you appeared at the Candidate Assessment Division you signed a form giving the NYPD permission to contact you by email.

You can receive a Character Disqualification email from APDAdmin@nypd.org, OR, you can receive a Psychological Disqualification from pss@nypd.org

If you receive one of these emails and do not respond within 30 days you will most likely lose your chance to appeal.

This is especially true for the Psychological Disqualifications.  In NYPD psychological disqualification cases if you do not respond to the NOPD within 30 days, you will receive a Notice of Disqualification or NOD.  When you appeal the NOD to the New York City Civil Service Commission they will forward you a form with a series of questions requesting an explanation for your failure to respond to the NOPD.  In most cases your reasoning will not be accepted and your appeal will be dismissed.

How do I file an appeal?

There are two (2) steps to the appeal process.

You will receive a NOPD or Notice of Proposed Disqualification.

This appeal goes back to the hiring agency.

It could be psychological, medical or background/character.

It is best to consult with an attorney to discuss the facts of your disqualification, the appeal process and the most compelling arguments for you to succeed.

Should I file an appeal or withdraw from a disqualification?

It depends.  If the agency or department that disqualified you is the job you really want then it might be best to challenge the decision promptly because experience shows that time will usually not change that agency’s decision.

What are my chances of winning an appeal?

Appeal chances are decided on a case by case basis.

What did the agency base their disqualification decision on?

Is the hiring agency’s decision rational and can the agency defend it?

What is it about you that makes you a qualified candidate?

Your education, work history, accomplishments, college degrees, special skills, outstanding performance, problem free work and/or school records.  No involvement with law enforcement and a good driving record is also a plus.  Also, if you had some problems in the past, what have you done to overcome them and transform yourself into the person you are today?

Can I handle the appeal process myself?

Your chances to succeed increase significantly when you use an expert to assist you.

Why do I need an Attorney?

I have been assisting disqualified civil service job candidates for more than 18 years.  Over that time I have learned what the hiring agencies are looking for and what arguments are successful in getting candidate’s disqualifications reversed.  I am familiar with the appeals process and have argued cases before the NYC Civil Service Commission going back to 2003.  Having an expert greatly increases your chances of getting your disqualification reversed.

What are the steps in an appeal process?

A.   NOTICE OF PROPOSED DISQUALIFICATION

If you are a NYPD Police Officer candidate you must check your email inbox every day for emails from: pss@nypd.org or APDAdmin@nypd.org

You may receive an email stating: Notice of Proposed Disqualification. This is a NOPD. You usually have thirty (30) days to file an Appeal. Sometimes you have only fifteen (15) days .

MEDICAL, PSYCHOLOGICAL DISQUALIFICATION

  1. File an appeal. Hire an expert to get the hiring agency file.
  2. Designate an expert. Prepare a rebuttal report.
  3. Attend an in office preparation or ZOOM interview for the re-interview to discuss key issues in the Psychologist’s reports.

You will re-interview with a different Psychologist, usually at the Lefrak City offices.

CHARACTER DISQUALIFICATION

  1. Collect information regarding your background.
  2. Prepare a appeal package with all documents.
  3. File an appeal.

B.   NOTICE OF DISQUALIFICATION

  1. You will receive a letter saying you were disqualified from the hiring agency.
  2. You have 30 days to appeal (Time varies-Reference NOD Letter).
  3. File an appeal package with the Civil Service Commission.
  4. Attend an in Office Preparation for the re-interview, if granted, or Civil Service Commission Hearing, if granted.

C.   CPLR ARTICLE 78

  1. Lawsuit is filed in the NYS Supreme Court.
  2. Ask the Judge to rule that the disqualification was arbitrary, capricious and/or irrational.
  3. Request for an order finding the decision to uphold the disqualification irrational.
How do I find out the status of my appeal?

Your attorney can contact the hiring agency to find out the status of your appeal.

How should I respond to the NYPD Psychologist’s questions?

You can prepare by speaking with your appeals attorney about tips and tactics of psychological interviews and the best practices to help you succeed.

When does the list for my exam expire?

The Expiration date of NYC Civil Service Exam lists can be checked by:

Calling 212 669-1357

Press 2

Enter your Social Security #

You will hear the date the eligible list was established and the date it expires.  This is usually 4 years.

What is the time frame for the appeal?

Time frames vary from one appeal to the next.  It is best to appeal promptly and cooperate in the appeal process whether it be 2nd psychological interviews or follow up inquiries from background investigators. (BI)

How much does it cost to appeal?

My standard fee for NOPD and NOD appeals is $2,500.00 including any hearing before the NYC Civil Service Commission.

In addition to free in office consultations, I also offer a free ZOOM consultation or phone consultation.

If you have questions about your disqualification and/or the appeal process and would like to schedule a free consultation at my Mineola office, please do not hesitate to call me at 516-248-0040.

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

NYPD Disqualificaiton Appeals

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