May 11

NYPD Disqualification – Must first Appeal to New York City Civil Service Commission

A police officer must first file an appeal with the NYC Civil Service Commission before filing an Article 78 under the doctrine of “exhaustion of remedies.”

A hiring agency may disqualify a candidate up to three years after hiring the candidate.  The three year limit does not apply if fraud was used in the application process.

In the instant case the Appellate Division, First Department dismissed the Article 78 because the candidate failed to appeal to the New York City Civil Service Commission before filing the Article 78 lawsuit.

Read about this NYPD disqualification case here.

Law Office of Kevin P. Sheerin

I have been a civil service disqualification appeals attorney for more than 18 years. During that time I have helped many clients win their appeal. I can help you too.

If you have questions and would like to schedule a free consultation, please feel free to contact 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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May 10

Appealing a Civil Service Exam Disqualification

Law Office of Kevin P. Sheerin

Appealing a Civil Service Exam Disqualification:

Have you taken a civil service exam to become a police officer, fire fighter, corrections officer, sanitation worker or other civil servant for New York City or New York State and received a letter stating you are disqualified – either for medical, psychological or background/character reasons? If so, you must first realize that you have only THIRTY days to appeal this decision, so you must act quickly. Your best option is to seek the legal advice of an attorney who can properly handle this situation.

Below, we discuss why people are disqualified and what they can do to appeal a New York City or New York State civil service disqualification.

New York City Civil Service Disqualifications: Types of Disqualifications

There are three main types of disqualifications for civil service jobs – medical, psychological and character.

Medical

Reason: Fail the medical examination.

There are many reasons why candidates can be medically disqualified. Any physical disability that would make it difficult to perform the duties of the position applied for would be grounds for disqualification. This would include minor problems with hearing or vision as well as more major issues involving the respiratory or cardiovascular systems.

Psychological

Reason: Fail the written or oral psychological examination.

There are two components to the psychological exam – written and oral. You can fail either one of these portions and be disqualified. If you receive a psychological disqualification you will need to seek out a second opinion from another psychologist. This doctor will need to interview you, review the records from the department you applied to, and then write a report giving their professional opinion of your fitness to serve as a civil servant.

Character

Reason: Fail the background check.

On the DCAS website they set forth the following list of concerning factors that may disqualify a candidate from the NYPD:

The following are factors which would ordinarily be cause for disqualification:

  • Conviction of an offense which indicates lack of good moral character or disposition towards violence or disorder, or which is punishable by one or more years imprisonment.
  • Repeated convictions of an offense which indicates disrespect for the law.
  • Discharge from employment as a result of poor behavior or inability to adjust to discipline.
  • Dishonorable discharge from the United States Military.
  • Conviction of an offense for Domestic Violence Misdemeanors.
  • A Felony.
  • Statutory Disqualification (disqualified by law).

What to Do

First off, you need to remember that you have a limited time (only thirty days-USUALLY, CHECK THE LETTER OR EMAIL YOU RECEIVED)  to appeal your disqualification, so you need to act fast. Seeking out the aid of a Civil Service Attorney may be your best option since they know the necessary steps for filing an appeal.

To appeal a civil service disqualification you must submit a letter to the Civil Service Commission explaining your intent to appeal as well as any supporting documents, and a copy of the disqualification letter. This letter should be sent Certified Mail Return Receipt Requested.

Once the Commission receives the letter, they will mail out an acknowledgment of appeal letter and send the appeal to the appropriate internal division for review and recommendation.

In the case of a medical or psychological disqualification you will need to see a third “independent” medical professional to obtain medical documentation that would support your argument that you are qualified for the job in question. This doctor will review the report written by the original doctor and write their own report with their findings. This report is then sent to the Civil Service Commission for them to review in making their final determination. You have sixty days to submit medical documentation supporting your appeal.

A hearing may be scheduled to allow you to present your appeal. If a hearing is scheduled you will be notified in writing of the date and time. At this hearing you and/or your attorney have the opportunity to present arguments in support of your position. In the case of a medical disqualification, your doctor could be present to provide further insight into why they believe you are physically able to serve in the civil service position that you are applying for.

After the hearing, the Commission will determine whether or not to grant your appeal. The final decision is in written format and a copy is mailed to you and your lawyer. You then have the option of filing an Article 78 appeal if you are not satisfied with the outcome.

More information on appealing a medical or NYPD Psych DQ can be found here.

The full Civil Service Commission appeal guidelines can be found here.

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

Email me: kevin@sheerinlaw.com

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

Law Offices of Kevin P. Sheerin
323 Willis Avenue, Suite 1
Mineola, New York 11501
Call: 516-248-3494
Email: kevin@sheerinlaw.com

Toll Free 888-998-9984 www.sheerinlaw.com

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April 30

Should I Appeal or Withdraw from a NYPD Notice of Proposed Disqualification (NOPD)

Frequently the question arises, should I take action and file an appeal or withdraw from a disqualification.

The answer lies in the circumstances and facts involved in your disqualification. There may be occasions when more time between incidents that caused you to be disqualified is a good idea, and you may wish to withdraw and try again later.

However, there are very few benefits to withdrawing, if your ultimate goal is to be an NYPD Police Officer. The withdrawal letter states that the next time you apply for the job the disqualification file will be used in determining your suitability.

Accordingly, you may wish to proceed with the disqualification appeal, if your ultimate goal is to be appointed to that job.

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

Email me: kevin@sheerinlaw.com

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

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April 23

DCAS Notice of Examination and Need to Enter Tasks Performed

New York City’s Department of Administrative Services writes, administers and grades all 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, 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 may be “too little, too late”, and you may receive a letter that your next appeal would be to the New York City Civil Service Commission.

You may also want to take a photo of the tasks page as you fill it out just 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

If you have any questions or 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

Visit my website: www.sheerinlaw.com

Read my blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

Check NYC Civil Service Exams 2020 Registration Guide on Portal : Current  School News

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April 16

Article 78 and Civil Service Jobs

If you have any questions or 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

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