June 14

NYPD Applicant Advice to Prevent Disqualification

You should also be able to describe all of your employment history in detail, with specifics regarding each job and job title. You must also know the start date and end date for each job, as well as any written disciplinary reports that appear in your personnel file. If you were fired from a job and someone contacts you asking for an explanation, you will not be able to brush it off by saying it was because you were written up for a lateness or some other infraction. You must be able to clearly present the facts regarding everything that occurred throughout your employment, including periods of unemployment (if any). 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.

If you have previously, or are now caring for a family member, you should have all of the dates and times clearly noted, as well as a list of the doctors your family member needed to see while under your care. You should also create a list of all of the household chores, including food shopping, trips to the pharmacy etc. that you did while caring for them.

The next most important thing you should do is get your LIFETIME driver’s abstract from the NYS Department of Motor Vehicles. Go to the DMV website for instructions on how to do this and give yourself a couple of weeks to receive the document. When you get it, you should review it carefully, so you know each and every violation you ever received. You must also make sure you are prepared to talk about what occurred that caused you to get the violation and be able to offer an explanation.

If your driver’s license was suspended or revoked you should act quickly to get the matter cleared up.

Problems will occur if a candidate appears before their investigator with an incomplete application booklet, vague references, no specifics and/or inaccurate or incomplete information.

Because you are expected to explain, in detail, the facts of your life, responses such as “I forgot”, “I don’t know”, “I don’t remember” or “those records do not exist” are generally not accepted.

A thorough, complete and accurate application package with specific dates, times and explanations will go a long way towards helping you get hired.

The same goes for the psychological interview. Before the psychological interview, you will be asked to fill out a form. The information on that form must correspond with all of the prior forms that you have already filled out. If there are any inaccuracies, or the forms you provided have any conflicting information on them, you will be thoroughly questioned about what is going on. Be sure to gather all of the facts before you begin the police officer application process.

Law Office of Kevin P. Sheerin

If you receive a disqualification, I would be happy to assist you with your appeal. I offer a free in office, zoom or phone consultation.  Please feel free to call 516-248-0040 or email me at kevin@sheerinlaw.com.

For more useful information please visit my website at www.sheerinlaw.com or my blog at civilservice.sheerinlaw.com.

Throughout my 18 years of experience as a civil service disqualification appeals attorney, 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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June 11

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 NYC or NYS 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 30 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

https://www.facebook.com/Law-Office-of-Kevin-P-Sheerin-275342279259723/

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June 10

For NYPD Disqualification Eligible List Expiration call DCAS Helpline 212-669-1357

Law Office of Kevin P. Sheerin

If you are in the hiring process for a New York City Civil Service job and you would like to find out when your eligible list expires:

Dial 212-669-1357
Press 2
Enter your social security number

The DCAS help line will tell you when your list was established, and when it will expire. The expiration date is usually 4 years after the list was established or promulgated.

If you received a NYPD Disqualification letter you would probably need one (1) year to process your appeal, and if you succeed in your disqualification appeal, be appointed to the NYPD. Therefore, you should write to your investigator and request that action be taken on your file to allow yourself sufficient time to appeal if you are disqualified.

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 contact 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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June 3

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 NYC Civil Service Commission they will sned 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 many 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 – NOPD:

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 – NOD:

  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 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

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June 3

Use Caution when Filling Out Candidate Assessment Division Forms as Part of 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 a Disqualification 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

Social Distancing Is NYPD's Latest Reason to Over-Police

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