April 16

New York State Civil Service Law Section 76 Disciplinary Penalty Appeals

Sheerin Law

New York State Civil Service Law section 76 allows permanent civil service employees to appeal disciplinary penalties.

The statute states in pertinent part: http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:

The New York City Civil Service Commission website explains the Commission’s role in the process:

http://www.nyc.gov/html/csc/html/appeals/s76disciplinary.shtml

After receiving discipline an employee may choose to file a lawsuit or Article 78 or appeal to the local Civil Service Commission. You can only choose one. You cannot file an Article 78 after appealing to the Commission or vice versa.  Click this link which is a case describing the choice of one appeal type only.

The issues the Commission decides are:

  1. Is there substantial evidence in the disciplinary hearing record to support the decision?
  2. Was proper procedure followed?
  3. Is the penalty reasonable?

If you believe the disciplinary penalty you received was improper or excessive, or you are facing termination, you should discuss your case with an attorney who helps civil service employees.

If you have questions 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 contact me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com

Read my blog civilservice.sheerinlaw.com

Email me kevin@sheerinlaw.com

Call toll free (888) 998-9984

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April 16

Factors Considered in NYPD Disqualification

When appealing a NYPD character disqualification what are the factors considered?

Frequency of violations or infractions, such as arrests, moving violations or other incidents such as school discipline or work discipline. If you were suspended or expelled from school this would work against your NYPD Police Officer application. Also, if you were late or disciplined at your job this would be a problem in your application. If you were terminated from one or more jobs without a good explanation this also would be something you would have to explain.

Severity of violations or infractions. If you were arrested and charged with crimes that are felonies or misdemeanors that would be something you would have to explain on appeal. If the disposition or final outcome of your case was dismissal or a lesser charge that could help you in your appeal.

The recency of your last violation or infraction is also important to your NYPD character appeal. If it has been a decade or even five years since your last infraction that could help you by showing the New York City Civil Service Commission that you have changed your behavior for the better.

The three categories do not stand alone – they are considered together in your appeal.

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

If you have questions about your NYPD character appeal and would like to schedule a free consultation, feel free to call me at 516 248 0040.

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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NYPD officers retiring in large numbers, officials say | Newsday

April 15

NYPD Psychological Disqualification Appeals

What are some of the reasons a candidate can be psychologically (psych) disqualified for the NYPD police officer title or other civil service titles?

If a candidate had an IEP (Individual Education Plan) in school, some of the NYPD psychologists see this as a reason to disqualify a candidate. The NYPD psychologist will ask you to sign an authorization to get your school records. When the records are received they will review them and determine if the issues you had in school will effect your candidacy.

Another reason for a NYPD psychological disqualification is if you took ADHD medicine while in school. Again the NYPD psychologist will request an authorization to obtain your records from school and review them to determine if you should be disqualified on that basis.

Even attending “resource room” services in school could be a factor.

As always the NYPD psychologists decision is not final.

You can appeal by getting an independent psychologist to assist you and by explaining that what happened in school is not your current condition or state. Often candidates have outgrown the need for medicines or their condition has not followed them into adulthood.

As always if you do not take action the disqualification will become final and effect your ability to get other civil service jobs.

If you would like to discuss these issues or if you have received a Notice of Proposed Disqualification or Notice of Disqualification please call me.

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

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

Email: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

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New York court rules NYPD can't use Glomar to keep surveillance records  secret • MuckRock

April 15

NYPD Psychological Disqualification-One Chance to Choose an Expert

I am a NYPD disqualification appeals lawyer with more than 18 years of experience, and I have been assisting disqualified NYPD candidates appeal their Notice of Proposed Disqualification (NOPD) and/or Final Notice of Disqualification (NOD) from the NYPD.

On the Notice of Proposed Disqualification letter the candidate is given an opportunity to select an expert and have the NYPD psychological file sent to that expert for review and preparation of a rebuttal report. If the disqualified candidate does not respond to the Notice of Proposed Disqualification the NYPD file will NOT be released.

It is crucial that the disqualified candidate select a psychologist familiar with the appeals process to assist them. ONCE YOU SELECT AN EXPERT TO ASSIST YOU IN YOUR APPEAL YOU WILL MOST LIKELY NOT BE ABLE TO CHANGE YOUR CHOICE LATER.

Also, selecting a psychologist that you formerly had a counseling session with is not a wise choice.

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

If you have questions about your NYPD disqualification appeal 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

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

NYPD Recruits Visit the 9/11 Memorial to Pay Tribute to Fallen Members of  the Police Department | National September 11 Memorial & Museum

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April 15

NYPD Psych Candidates must File Appeal & Designate Expert upon Receipt of NOPD – Notice of Proposed Disqualification

Disqualified NYPD Police Officer candidates who receive a letter called a Notice of Proposed Disqualification (NOPD) based on psychological issues must file an appeal within 30 days!

Failure to file an appeal and designate an expert to receive your file and prepare a rebuttal appeal report will result in your case being dismissed by the NYC Civil Service Commission, should you try to file an appeal AFTER receiving a Notice of Disqualification (NOD) from the NYPD Psychological Services Section.

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

If you have questions about your NYPD disqualification appeal 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

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

NYPD Recruits Visit the 9/11 Memorial to Pay Tribute to Fallen Members of  the Police Department | National September 11 Memorial & Museum

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