Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Labor & Employment Law
: New York Public Personnel LawPolygraph results justify rejecting applicant for appointment as a police officer
By Harvey Randall, Esq.
Polygraph results justify rejecting applicant for appointment as a police officer
Mullen v County of Suffolk, 43 A.D.3d 934, Appellate Division, Second Department
Thomas J. Mullen was a candidate to become a police officer in the Ocean Beach Police Department.
In order to qualify for the position, he had to pass a polygraph examination. Ocean Beach determined that the results of Mullen?s polygraph examination indicated that the he ?was deceptive in his response to questioning concerning his involvement with illegal drugs and narcotics.? As a result, Ocean Beach disqualified him from further consideration for employment as a police officer.
Mullen file an Article 78 petition challenging his disqualification. The Appellate Division remanded his petition to Supreme Court in order for Mullen to complete the administrative appeal process. That process involved forwarding his polygraph results to an independent police agency for verification.
Ultimately, Mullen?s polygraph test results were submitted to the Vermont State Police for verification. The independent review confirmed that Mullen was deceptive in his response to questioning concerning his involvement with illegal drugs and narcotics.
Again Mullen challenged his disqualification. This time the Appellate Division ruled that Ocean Beach ?did not act irrationally or arbitrarily in relying on the results of their own polygraph test as well as the review conducted by the Vermont State Police to determine that [Mullen] was not an appropriate candidate to be a law enforcement officer.?
The court pointed out that ?An appointing authority has wide discretion in determining the fitness of candidates . . . This discretion is particularly broad in the hiring of law enforcement officers, to whom high standards may be applied . . . As long as the administrative determination is not irrational or arbitrary, this Court will not interfere with it.?
[See, also, Mullen v County of Suffolk , 307 A.D.2d 1036]
Full post as published by New York Public Personnel Law on April 23, 2008 (boomark / email).
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
Living Wills and Powers of Attorney
Laws effecting the elderly
Police Officer Slander
City of Detroit agrees to $25,000 settlement.
Police Whistleblower
Officer awarded $980,000 for whistleblower violations and retaliation.
Police Officer
City of Tonawanda awards former employee $47,000 wrongful termination settlement.
Boat Crash
Police officer awarded $100,000 settlement after crashing into bridge piling while on duty.
New York City
$1.5 million settlement after a family of four was killed by an off duty drunken police officer.
Motorcycle Cop Accident
Erie police officer awarded $150,000 workers compensation settlement after sustaining serious injuries while on duty.

Polygraphs Still Used by Defense Attorneys
Divisional Court Rules Polygraph Evidence Inadmissible in Civil Suit
U.S. Is Alone in Rejecting All Evidence if Police Err
Off-duty officer killed during confrontation with police www.privateofficer.com







