May 17

New York City Civil Service Law 1 in 3 rule

This is a short video about the New York City Civil Service Law Section 61, known as the 1 in 3 rule.

Law Office of Kevin P. Sheerin

If you have any questions about the 1 in 3 rule feel free to call me at 516 248 3494.

Visit my website www.sheerinlaw.com

Read my blog  civilservice.sheerinlaw.com

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Mr. Harvey Randall, New York State Civil Service law scholar and author of NY Public Personnel Law  https://publicpersonnellaw.blogspot.com/ mentioned that the “three looks and you’re out” is a New York City specific rule and I thank him for that correction. 

The rule in New York City states:

Personnel Rules and Regulations of the City of New York

RULE IV – EXAMINATION PROCEDURES, VETERANS PREFERENCE, ELIGIBLE LISTS AND CERTIFICATION

SECTION I–GENERAL EXAMINATION PROCEDURES

4.7.4. Limitation on Certifications

No name shall be certified more than three times to the same agency head for the same or similar position unless at such officer’s request. However, only those who have been actually entitled to consideration for selection shall be charged with certification. For appointment to the position of police officer in the police, transit police, or housing police services, no name certified three times to one agency head shall be certified to another unless at such agency head’s request.

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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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May 13

What to Do if You Receive a NYPD Disqualification

We are here to assist you if you receive a NYPD Disqualification…

Feel free to call us at 516-248-0040 or email me: kevin@sheerinlaw.com.

There is a two step appeal process:

The first step in the appeal process is to appeal to the NYPD, who will review the appeal package you submit. In the case of psychological disqualifications you may get a second psychological interview. If you receive a second psychological interview it is best to prepare with an expert. The main issues that will come up in the second psychological interview are obvious.

The next step in the appeal process would be a Notice of Disqualification (NOD) which would be appealed to the NYC Civil Service Commission. The Commission holds hearings to determine if your disqualification was improper.

When you are disqualified, that disqualification will not be reversed unless you choose to take action. I have been assisting disqualified NYPD, FDNY, DSNY, NYC DOC candidates for more than 18 years. Each appeal is different, just as your history of school, work and personal relationships are different.

Law Office of Kevin P. Sheerin

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

If you have any questions about your disqualification, please do not hesitate to call me at 516 248 0040. I would be happy to speak with you to see if I can help you with your appeal.

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

Police Officer Shot in the Bronx, NYPD Says

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May 12

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 your 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:

  1. NOPD – Notice of Proposed Disqualification. Based on NYS Civil Service Law 50(4) a hiring agency must give a disqualified candidate an opportunity to provide explanations for a proposed disqualification in writing.
  2. NOD – Notice of Disqualification. A disqualified candidate can appeal a disqualification to the Civil Service Commission.
  3.  If the disqualification is upheld by the Civil Service Commission the candidate can file an Article 78 lawsuit in the New York State Supreme Court in the County concerned.
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 at my Mineola office, please 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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May 12

Reasons a Candidate May Receive a NYPD Psychological Disqualification

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.

Law Office of Kevin P. Sheerin

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 be asked to explain any issues that arise in the above topic areas.

You may be asked to provide authorizations for the Psychologist to get documents from your 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.

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

If you have questions about your NYPD psychological disqualification 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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