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 New York City or New York State 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 THIRTY days to appeal this decision, so you must act quickly. Your best option is to seek the legal advice of an attorney to 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.
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.
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 and review the records from the department you applied to and then write a report concerning their professional opinion of your fitness to serve as a civil servant.
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 you 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.
Law Offices of Kevin P. Sheerin, 323 Willis Avenue, Suite 1, Mineola, New York 11501
Toll Free 888-998-9984 www.sheerinlaw.com