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

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May 13

Use Caution when Filling Out Candidate Assessment Division Forms as Part of the NYPD Police Officer Application Process

Law Office of Kevin P. Sheerin

The best advice you can receive if you want to be a NYPD officer is to get your Certificates of Disposition for any arrests or summonses you may have received, and your Lifetime Abstract from New York State Department of Motor Vehicles before you complete your Applicant Processing forms.

If you guess about any arrests, moving violations or summonses you may have had, you will receive a Notice of Proposed Disqualification-NOPD stating that you are disqualified for “Omission 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. Failure to accurately record any of this information on your APD5 will not be excused by the hiring agency, and you will receive a disqualification notice with OMISSION OF PERTINENT FACTS checked off.

Click on the link below to hear further details regarding “Omission of Pertinent Facts”.

https://www.sheerinlaw.com/wp-content/uploads/2018/02/DV-2017-12-05-095859.mp3-podcast.mp3?_=1

If you have any questions about NYPD Disqualifications or Omission of Pertinent Facts, 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

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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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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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