Join New York Civil Rights Lawyer Eric Sanders, Esq., of ������., as he discusses the intricacies of the NYPD disciplinary process. Learn how to navigate this complex system, understand your rights, and get expert advice on defending against disciplinary charges. Whether you’re an NYPD employee or interested in police accountability, this video provides valuable insights

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Those who wish to join the ranks of civil service must first take and pass a civil service examination. Applicants who wish to become a fireman, police officer, sanitation worker, or any other public service job must prove they are qualified by successfully completing the civil service examination process. If you have been disqualified for a civil service examination, it may be because of one or more reasons. Typically, civil service disqualifications fall into three main categories:
Character Examination Failure
There are many things that may have happened to you in the past that can lead to disqualification on character grounds, such as:

• a statutory disqualification
• being convicted of a felony
• being convicted of a domestic violence misdemeanor
• being convicted repeatedly for an offense that shows a lack of respect for the law
• being dishonorably discharged from the Armed Forces

Psychological Examination Failure
Failing either the oral or the written part of the two-part psychological examination will be grounds for disqualification. If you have been disqualified on these grounds, you will have to find a qualified psychologist to evaluate you. If your psychologist’s professional opinion is that you are, indeed, fit for service in the job you applied for, then you may have grounds to appeal your disqualification.

Medical Examination Failure
If you possess a physical disability that would pose a significant disadvantage to you in the performing of your duties in the position you are applying for, you may be disqualified on medical grounds. Suffering from impaired hearing or vision may disqualify you. Remember though: having a disability per se does not disqualify you from civil service examinations. However, if these disabilities would interfere with your intended job, you may be disqualified.

Appealing a Civil Service Exam Disqualification
Within the thirty days after you are notified of the disqualification, you are able to contest or file an appeal. You may wish to consult with a civil service lawyer experienced with handling cases during the appeals process.

You must appeal your disqualification in writing. Draft an appeal letter, or have your attorney draft you one. Together, review the letter, and make sure both of you pay attention to all details. Be sure to review language and make sure that your appeal is legally sound. Additionally, be careful to review facts, dates, and other information to make sure your appeal does not contain false or incorrect information. Mail the letter to the Civil Service Commission, along with any copies of relevant documents or evidence. Upon receipt of your appeal, the Civil Service Commission will send you a letter acknowledging your appeal, and will refer your case to the specific department in charge of appeals for your case.

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Their job is a dangerous and risky one, which is more of a lifestyle than a simple job. To be able to perform their duties they are granted powers not available to ordinary citizens. The uniform and badge of a police officer automatically imbues their wearer with an air of authority, one that commands respect.

To be worthy of the powers bestowed upon them by the law, police officers must adhere to their responsibilities and duties. They must be held only to the highest standards when it comes to their words and actions. Police officers take an oath to serve the people, and they are expected to uphold this oath. However, the sad reality is that some police officers abuse their power. A police officer, who has performed an inappropriate action or actions unbecoming of a uniformed officer, may be accused of . Actions that may be classified as police misconduct include:

Police Brutality

Police officers are granted the use of force to enable them to perform their official duties. However, when an officer uses force excessively or wantonly, in a manner that is uncalled for or unjustified, the action crosses the line into police brutality.

Fabrication of Evidence

Police officers have access to crime scenes, which are often cordoned off, closed to the media and the public. It is among their duties to properly catalogue and classify evidence, so that a court may have as much information as possible. However, police officers have been known to forge or tamper with evidence, in order to implicate a suspect. The guilt or the strength of existing evidence against a suspect never justifies the ; even if a police officer is reasonably certain that a suspect is guilty, fabricating or tampering with evidence to strengthen a prosecution’s case is against the law. It is also against the law for police officers to plant evidence at a scene in order to implicate a suspect, or to search an individual illegally.

False Confession

Using inappropriate or illegal techniques, such as physical or psychological torture, to obtain a confession from a suspect, constitutes police misconduct. A confession that is ruled to be a false confession cannot be considered by a court of law.

Racial profiling

If a police officer takes into account the ethnicity or race of an individual when making a decisions on whether or not to perform an official action, they are committing . This constitutes police conduct and is illegal in New York, as well as in most jurisdictions.

Corruption

The act of accepting bribes, or of abusing power in order to facilitate illegal activities, constitutes police corruption. Taking items for personal gain from suspects and victims of crimes constitutes opportunistic theft, a very grave abuse of police power.
The Department Advocate’s Office of the is charged with prosecuting police officers who are accused of violating the public trust. Police misconduct cases are heard in what is called the “NYPD Trial Room,” located on the fourth floor of One Police Plaza. Police officers take an oath to serve and protect, and when they violate that oath, they must be held accountable.

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The New York City Office of Administrative Trials and Hearings, or OATH, is the government agency that is responsible for conducting hearings for other government entities, such as commissions, agencies, or boards, which are under the jurisdiction of the city of New York.

The purpose of OATH is to be a decision-making body independent of other government agencies. Internal regulation and internally-conducted hearings can result in decreased credibility on judgements and rulings, due to a perceived bias that may or may not exist. As an independent body, the Office of Administrative Trials and Hearings helps ensure that decisions are made by an agency that is impartial and fair.

OATH also oversees the Administrative Judicial Training Institute, an entity whose purpose is to provide education and training for New York City administrative law tribunals and judges. It updates judges on the latest reforms in the field of administrative justice. It is also helps train judges in the areas of courtroom skills, and courtroom applications of technology.

There are four tribunals for which OATH is responsible. These tribunals are:

• OATH Tribunal. The OATH Tribunal is responsible for hearing disciplinary cases against civil servants, from various New York City agencies, such as the NYPD. The OATH Tribunal was the very first municipal tribunal that was a central tribunal independent from the agencies that issued the tickets related to the hearing, or referred cases to it. The OATH Tribunal holds almost half a million hearings every year, on a variety of issues.
• Environmental Control Board. The OATH Environmental Control Board is the agency in charge of conducting hearings on tickets that are for violation of city laws and statutes that are aimed at protecting the environment, as well as the health and safety of the public. It is independent of any ticket-issuing agency, and is an impartial decision-making body. There are thirteen different government entities that issue tickets that are filed with the Environmental Control Board. The Environmental Control Board or its judges do not have the power to increase, decrease, or waive fines, as all fines are determined by law.
• Health Tribunal. The OATH Health Tribunal is the decision-making body in charge of cases which involve health code violations that have taken place within New York City. It hears cases on NOVs, or Notices of Violation, which have been issued by the New York City Department of Health and Mental Hygiene, or DOHMH. The Health Tribunal is not responsible for performing health inspections, and it is does not issue notices of violation. It is an independent body, not under the DOHMH.
• Taxi and Limousine Tribunal. When the New York City Police Department (NYPD), the Taxi and Limousine Commission (TLC), the Port Authority of New York, or the Port Authority of New Jersey issues a ticket, the Taxi and Limousine Tribunal is the agency tasked with holding a hearing. Despite the similar name, the Taxi & Limousine Tribunal is not a department, nor under the jurisdiction, of the Taxi and Limousine Commission. As such, judges who rule on tribunal hearings and cases are not under the TLC, who can pass impartial judgement.

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A civil servant, also known as a public servant, is a person who provides non-military service to the government and its citizenry. Both a police officer and a fireman can be considered an example of a civil servant. There are almost two million civil servants in the United States.
The Civil Service Commission, or CSC, is an agency that deals with issues concerning civil servants, their employment, and the nature of their work. It is the job of the CSC to regulate hiring and promotions for civil servants. A good analogy would be as follows: if a private corporation or business entity has a human resources department, the City of New York has a civil service commission.

The Civil Service Commission has “quasi-legislative” authority, making and enacting executive decisions and executive acts that affect civil servants. Chapter 35, Section 813 of the New York City Charter, authorizes the Civil Service Commission to hear and decide appeals on cases that fall under Section 50 and Section 76 of the New York State Civil Service Law. In disciplinary cases, the CSC is authorized to hear appeals to cases involving civil servants.

The Civil Service Commission functions like an appellate court for administrative cases, roughly analogous to a court of appeals. Like courts, the Civil Service Commission has the authority to receive evidence, examine witnesses, and hold appropriate hearings.

The CSC is also the entity responsible for administering civil service examinations, and all issues related to them. It has the authority to rule on appeals by individuals who have been disqualified from civil service eligibility lists after participating in civil service exams. Candidates who fall under one or more of the following categories may be disqualified from civil service:

• applicants who have been convicted of a crime
• applicants who have wilfully misrepresented themselves in their application
• applicants who do not meet the established requirements that are a prerequisite for admission to a civil service examination
• applicants who do not meet the established requirements for the position they are applying for
• applicants who have been fired by employers in the private sector due to poor job performance
• applicants who have performed, or attempted to perform, any manner of falsification, deception, or fraud throughout their application process
• applicants who have held civil service positions in the past, that have since resigned, or been dismissed or terminated, due to misconduct or incompetence
• applicants who suffer from a medical condition or disability, which renders them unfit or  unable to perform the duties and responsibilities required for the position in question

An applicant may not file an appeal with the CSC if they have been disqualified for a position in civil service that does not require a civil service examination.

Applicants who do not belong to any of the categories above, and believe that the City Personnel Director of the City of New York has wrongfully disqualified them, can file an appeal with the CSC. All appeals must be filed within thirty days of the issuance of the disqualification.
 

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