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.
- 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.
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.
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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.
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 email@example.com
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.
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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 firstname.lastname@example.org
What can be expected in the NYPD psych 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.
You will be asked questions about:
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 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.
Please call if you have any questions about an NYPD psych disqualification.
Call Kevin Sheerin 888-998-9984 to discuss a psych appeal.
Also visit my website www.sheerinlaw.com for further information.
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.
If you received a Notice of Proposed Disqualification in your email inbox you can appeal. I offer a free consultation if you receive an NYPD psychological disqualification, medical disqualification or character/background disqualification. Please call 516-248-3494 or email me at email@example.com to arrange for a free consultation. Two factors are crucial in your disqualification appeal. The first is following the appeal process. The second is the facts of your case.
It is vital that you consult with someone experienced in this appeals process. Appealing the Notice of Proposed Disqualification NOPD on your own can cause you to miss opportunities to make crucial arguments that could turn the appeal in your favor.
Please call or email me to discuss your appeal.
The disappointment and frustration of receiving a disqualification letter from NYPD, FDNY, DSNY or New York City Department of Corrections can be addressed by taking action rather than giving up. One of the great parts of New York City civil service jobs is the New York City Civil Service Commission. The process of appeals has improved dramatically over the 15 years I have been helping disqualified candidates appeal their disqualifications. A new online computer application handled the appeal filing process.
I created this video to explain the civil service job disqualification appeal process.
Visit my website http://www.sheerinlaw.com for more information about the disqualification appeal process.
Petitioner retired while 3020a disciplinary charges were pending against him. The Appellate Division Second Department held that the teacher was presumed to have known the Chancellor’s rule that you cannot have your license reinstated if you resign with 3020a charges pending.
Read about this Article 78 3020a case here.