Labor & Employment Law

Civil Service Commission overturns applicant?s disqualification for appointment

By Harvey Randall, Esq.

Civil Service Commission overturns applicant?s disqualification for appointment

Matter of City of New York v New York City Civil Service Commission, 2007 NY Slip Op 04045, decided on May 10, 2007, Appellate Division, First Department

New York City had disqualified William Rodriguez for appointment to the City?s police force on the grounds that he was ?psychologically disqualified from being a police officer.? Rodriguez appealed the City?s decision to the New York City Civil Service Commission. The Commission vacated the City?s determination, holding that Rodriguez was eligible for appointment as a police officer.

Supreme Court Judge Paul G. Feinman dismissed New York City?s petition seeking to vacate the Commission?s ruling that that Rodriguez was psychologically fit for appointment as a New York City police officer.

The Appellate Division unanimously affirmed Judge Feinman?s decision.

According to the decision by the Appellate Division, the City participated without objection in the Commission?s de novo evidentiary hearing held to consider Rodriguez?s appeal of his disqualification by the City. Thus, said the court, ?the sole question before us is whether the Commission?s determination to reinstate [Rodriguez] to the eligible list was rational.

The Appellate Division found the Commission?s determination that Rodriguez was qualified for appointment as a police officer had a rational basis in the light of his testimony and the testimony of Rodriguez?s personnel psychologist, as well as documents in the record.

The court, citing Berenhaus v Ward, 70 NY2d 436, said ?The Commission heard and saw the witnesses, including the Police Department?s staff psychologist, and was in the best position to judge their credibility.?

Full post as published by New York Public Personnel Law on March 06, 2008 (boomark / email).