October 14

Appeal of NYPD disqualification/Civil Service Disqualification

NYPD

Daubman v Nassau County Civ. Serv. Commn., 195 AD2d 602 (2nd Dept 1993).
• The applicant, a police officer, applied for a position with the police department and passed the requisite examinations. The commission determined that the applicant was disqualified from eligibility based on an X-ray that revealed the presence of a back condition. The commission’s physician speculated that the condition could render the applicant more susceptible to a serious disability if he suffered a future back injury.
• The court held that the commission unlawfully discriminated against the applicant based on his mere membership in a class of persons with the same condition instead of on an individualized assessment of his particular abilities.
• The court held that the determination was arbitrary and capricious because it was premised upon speculation regarding possible future disability rather than fact or concrete medical evidence that the applicant was rendered unfit to perform his duties as a result of his condition.
• On appeal, the court granted the applicant’s petition, annulled the determination of the commission, and reinstated the applicant to the status of an eligible candidate for the position of police officer with the county.
• The court stated that there was no showing petitioner’s condition rendered him incapable of performing in reasonable manner activities involved in being a police officer. Furthermore, the court held that the Commission’s determination was premised solely upon speculation regarding possible future disability, and the record contains no concrete medical evidence demonstrating petitioner would likely be rendered unfit to perform police duties in the future as a consequence of his condition. Most importantly, the court decided that the Commission’s determination was arbitrary and capricious because it was premised upon speculation rather than fact.

Read about this Civil Service Disqualification case here.

Visit civilservice.sheerinlaw.com

Appealing a New York Civil Service job disqualification

Appealing a New York Civil Service job disqualification

for more information about Civil Service Disqualification Cases.

October 14

NYPD disqualification appeal process.

New York Civil Service Attorney Law Blog | Law Offices of Kevin P. Sheerin

Below is a link to my PowerPoint video describing the NYPD disqualification, FDNY disqualification, Department of Correction disqualification and other disqualification processes.

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

Visit my website: www.sheerinlaw.com

October 13

What are the rights of disqualified NYPD Candidates?

NYPD used facial recognition and pics of Woody Harrelson to arrest a man |  VentureBeat

DCAS is New York City’s personnel department. DCAS has delegated the task of investigating applicants to the NYPD. You can appeal a 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:

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.

NOD – Notice of Disqualification. A disqualified candidate’s next appeal is to the Civil Service Commission.

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.

If you have any 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

Visit my website: www.sheerinlaw.com

Visit my blog civilservice.sheerinlaw.com

Visit my teacher issue website www.attorneyforteachers.com

September 18

NYPD Disqualification -Notice of Proposed Disqualification – NOPD

The first notice you will receive when you are NYPD disqualified is a Notice of Proposed Disqualification or NOPD.  You will have 30 days to respond to this NOPD.  It is recommended that you consult with an attorney to protect your rights and make the most compelling arguments to increase your chances to get a reversal of your NYPD disqualification.

I am a successful civil service attorney with 18  years of experience.  I have many clients who are currently working as NYPD Police Officers because I helped them win their disqualification appeal. 

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

Visit my website: www.sheerinlaw.com

September 17

NYPD Psych disqualification

Candidates for NYPD and Nassau County Police Department and other law enforcement agencies may not be aware that the oral psychological exam can be rough.  The examiner, most often a Psychologist, can use an aggressive questioning pattern to find out if the candidate can handle confrontation. Also, the psychologist may repeat previously asked questions to see if they are are going to be met with consistent answers.

The candidate may think to themselves that this is unfair and I’m not be treated properly.

The best thing you can do is go in with a good attitude, be prepared to be confronted during the interview and maintain your composure.

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.

You can also email me at kevin@sheerinlaw.com

For more NYPD psych disqualification information visit my website at www.sheerinlaw.com