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Appointing authority is entitled to rely upon the findings of its own medical personnel when qualifying an applicant for employment

Appointing authority is entitled to rely upon the findings of its own medical personnel when qualifying an applicant for employment
Matter of City of New York v New York City Civ. Serv. Commn., 61 AD3d 584

The New York Civil Service Commission reversed a determination made by the New York City Police Commissioner that disqualified a candidate for appointment as a police officer for medical reasons: the applicant suffered from sleep apnea.

The Appellate Division vacated the Civil Service Commission?s ruling, finding that it was ?arbitrary and capricious because it was irrational and disregarded relevant facts.?

While the Commission found that ?NYPD had no written standard on the condition of sleep apnea,? the court said that there was a written standard that was given to the Commission in which it stated that sleep apnea ?can be detrimental to job performance when vigilance is necessary."

Commenting that "An appointing authority has wide discretion in determining the fitness of candidates . . . particularly . . . in the hiring of law enforcement officers, to whom high standards may be applied," the court said that an appointing authority is entitled to rely upon the findings of its own medical personnel, even if those findings are contrary to those of professionals retained by the candidate, and the judicial function is exhausted once a rational basis for the conclusion is found."

The Commission?s decision, said the court, ?was irrational because it disregarded the informed medical opinions of NYPD's doctors and was based instead on the brief and conclusory statement of [the applicant?s] physician, which did not address in detail the condition at issue as it might affect the physical demands of police duty.?

Full post as published by New York Public Personnel Law on February 03, 2010 (boomark / email).