New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

What are the rights of disqualified NYPD Candidates?

By Kevin Sheerin on 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

What are some of the reasons a candidate can receive an NYPD psych disqualification ?

By Kevin Sheerin on Posted in Disqualification Success Stories, NYPD character disqualification, NYPD disqualification appeals attorney

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:

Education History

Work History

Driving History

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.

 

NYPD disqualification appeal first to New York City Civil Service Commission

By Kevin Sheerin on Posted in Uncategorized

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.

NYPD Disqualification Appeals Lawyer

By Kevin Sheerin on Posted in Disqualification Success Stories, NYPD disqualification appeals attorney

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 kevin@sheerinlaw.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.

NYPD, FDNY, DSNY, Corrections disqualification appeals

By Kevin Sheerin on Posted in Disqualification Success Stories, NYPD disqualification appeals attorney, Uncategorized

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.

Article 78 for teaching license reinstatement denied

By Kevin Sheerin on Posted in 3020a, Article 78, Civil Service Discipline, Teacher Issues

Petitioner retired while 3020a disciplinary charges were pending against him.  The Appejohn-mark-kuznietsov-38862llate 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.

Medical Appeals and Reinstatement Civil Service Law 71/72/73

By Kevin Sheerin on Posted in Uncategorized

 

Civil Service Law 71/72/73

Civil Service Law 71/72/73

To protect your job you may have to apply for reinstatement after being place on Section 72 leave.  You would need to fill out DCAS’s Medical Reinstatement form. Along with the form you may have to attach the relevant documents about your leave and fitness for duty and job description.

Click this link to be taken to DCAS’s website for the form and instructions.

If you have any questions or need an attorney for your Civil Service Law 71/72/73 case please call me at (516)248-3494 or email me at kevin@sheerinlaw.com

Visit my Civil Service Law website www.sheerinlaw.com

Or if you need a real estate attorney for buying or selling a home visit lirealestateattorney.com

 

Was revocation of Alcohol Counselor’s clearance because of old convictions proper?

By Kevin Sheerin on Posted in Civil Service Discipline, Employment Law, Uncategorized

This was the recently issue in an Article 78 suit brought of remedy a security clearance revocation for old criminal convictions.   The Court addressed the issue of whether an alcohol counselor was seeking “membership” in a law enforcement agency.  The court answered this question in the negative and ordered reinstatement of the security clearance for the Petitioner.

The issues addressed were:

Does the Law enforcement exception to Corrections Law 23-a apply?  Applicants or candidates for law enforcement positions are exempt from the protections of Corrections Law Article 23-a.  Respondent’s argued that the Petitioner was to be treated as a civilian licensed or seeking a license to work in a correctional facility or “to be hired by a law enforcement agency.”

The Court held that “…it is undisputed that Petitioner’s license, rather than employment, is in issue, the law enforcement exemption is inapplicable.”

The Court ordered: the revocation of the security clearance vacated and Respondents directed to reinstate the Petitioner.

Read about this Article 78 employment law case here.

Civil Service Law Section 76

By Kevin Sheerin on Posted in Civil Service, Civil Service Discipline

Section 76 of the New York State Civil Service Law permits aggrieved employees to appeal a determination after disciplinary proceeding to the NYC Civil Service Commission through an Article 78 proceeding. Civil Service Law section 76 states that the Commission’s decision “shall be final inconclusive, and shall not be subject to further review in any court.”

In the case of New York City Department of Environmental Crotection vs. the NYC Civil Service Commission decided on December 12, 1991 to the highest court in New York State, the Court of Appeals determined that unless the Commission has acted illegally, unconstitutionally or in excess of its jurisdiction an appeal of the discipline imposed by city agency (excluding NYPD) send to the NYC Civil Service Commission and in some way to altered by the Commission will not be reversed by the Courts.

EPA v. NYC Civil Service Commission 78 NY2d 318.