New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

New York City Civil Service Commission appeals

Posted in Disqualification Success Stories

If you are disqualified from a New York City job such as painter, electrician, computer specialist or other jobs you can appeal.

Often your first appeal will be to the Committee on Manifest Errors- CME. If the CME denies your appeal your next appeal would be to the New York City Civil Service Commission. You must create specific, fact based arguments with precise details such as dates, times, agencies or departments and tasks perform to satisfy the experience portion of experience and educations positions. Vague or incomplete information will result in a disqualification.

If you receive a notice to appeal to the CME or New York City Civil Service Commission contact us to discuss your case.

kevin@sheerinlaw.com or call 516.248.3494

Visit www.sheerinlaw.com for more civil service disqualification appeals information

See www.attorneyforteachers.com for more cases about teacher employment law and discipline defense issues.

Get the facts  before you complete your APD5.

Posted in Disqualification Success Stories, NYPD character disqualification, NYPD disqualification, NYPD disqualification appeals attorney

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

If you guess about any arrests you may have or moving violations or summonses you had you will receive a Notice of Proposed Disqualification-NOPD stating that you are disqualified for “Ommission 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.

To see other civil service case information visit www.sheerinlaw.com.

Also visit civilservice.sheerinlaw.com

To contact us call 516-248-3494 or email kevin@sheerinlaw.com

NYC DCAS Job applicants need to enter tasks performed in job application

Posted in Civil Service, Civil Service Discipline, Disqualification Success Stories, NYPD character disqualification, NYPD disqualification, NYPD disqualification appeals attorney, NYPD psych disqualification

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

You may want to take a photo of the tasks page as you fill it out 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 <a href=”https://civilservice.sheerinlaw.com”>civilservice.sheerinlaw.com</a> for more civil service law information

Teachers can visit <a href=”http://www.attorneyforteachers.com”>attorneyforteachers.com</a><a href=

NYPD Oral Psychological Interview

Posted in Disqualification Success Stories, NYPD disqualification, NYPD disqualification appeals attorney, 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 attitude is to be prepared to be confronted during the interview and maintain your composure.

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

 

 

NYPD Disqualification NOPD

Posted in Disqualification Success Stories, NYPD character disqualification, NYPD disqualification, NYPD disqualification appeals attorney

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.

NYPD Disqualification Appeal-from the old days.

Posted in Disqualification Success Stories, NYPD character disqualification, NYPD disqualification, NYPD disqualification appeals attorney
  1. Brown v. Krone, 47 Misc. 2d 890, 263 N.Y.S.2d 385 (Sup. Ct. 1965), aff’d,25 A.D.2d 954, 271 N.Y.S.2d 600 (1966)

Proceeding to compel restoration of petitioner’s name to police patrolman eligibility list. The Supreme Court, held that it was unreasonable, arbitrary and capricious to base removal of applicant’s name from list on his plea of guilty to offense of disorderly conduct, three speeding tickets, and two dismissals from private employment for absenteeism.

Mr. Brown was disqualified under Section 50, subdivision 4, Paragraph (d) of the Civil Service Law, which authorizes the disqualification of an applicant or an eligible “who has been found guilty of a crime or of infamous or notoriously disgraceful conduct.” The basis for the disqualification was Mr. Brown’s conviction on his plea of guilty to disorderly conduct. The Respondent in this case relied on wrong precedent because the cases were distinguishable. They reasoned such conduct in Furman v. State Civil Service, in a prospective police officer is a far cry from that of the petitioner, which, with some possible justification, he characterizes as a childish prank. The Petitioner had not reached his maturity at the time of the incident. Lastly, “the court looks askance at this invitation to conduct an extramural and extra-record inquisition. This extra-judicial suggestion is repugnant to the most fundamental concept of due process and is emphatically rejected.”

Read about this NYPD Disqualification appeal here.

New York State Civil Service Law 1 in 3 rule

Posted in Civil Service, NYPD disqualification

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

 

Call if you have any questions about the 1 in 3 rule please call 516 248 3494.

Visit my website www.sheerinlaw.com

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.

Appealing a Civil Service Disqualification video

Posted in Civil Service, Disqualification Success Stories, NYPD character disqualification, NYPD disqualification, NYPD disqualification appeals attorney

Here is a link to my powerpoint video describing the NYPD disqualification, FDNY disqualification, Department of Correction and other disqualification process.

Contact me by calling 516-248-3494 or email me at kevin@sheerinlaw.com

What are the rights of disqualified NYPD Candidates?

Posted in Disqualification Success Stories, NYPD character disqualification, NYPD disqualification, NYPD disqualification appeals attorney

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:

 

NOPD- Notice of Proposed Disqualification.  Based on NYS Civil Service Law 50(4) a hiring agency must give a disquafied candidate an opportunity to provide explanations for a proposed disqualification in writing.

 

NOD Notice of Disqualification A disqualified candidate next appeal a disqualification to the Civil Service Commission.  

 

If the disqualification is upheld by the Civil Service Commission the candidate can file an Ariticle 78 lawsuit in the New York State Supreme Court in the County concerned.  

 

Visit my website www.sheerinlaw.com

 

Visit my teacher issue website www.attorneyforteachers.com

 

If you have any questions or comments please contact me at (516) 248-3494.

 

Email me at kevin@sheerinlaw.com