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  • I believe Vista wrote that he took a DWI collar. That is all the NYPD cares about. The arrest, not the conviction. Basically, once a candidate is DQ'd he stays DQ'd. You may win a skirmish but not much chance of winning the war.

    Comment


    • Originally posted by LINY View Post
      If that is true that is just asking for trouble. You're quick to mention liability regarding the auxiliary police program in other threads but not giving a police officer any sort of 'psych testing' is a much bigger liability issue.

      Psych testing for police officer candidates has only come about in the past thirty years. Prior to the 1980's, it was virtually non-existent. Liability is seen in the eyes of the beholder and has been defined by case law and court decisions on the state and national level. There was a time when police chiefs/commissioners and county sheriffs were held personally liable for what is deemed 'negligent hiring and/or retention' of law enforcement personnel. However; this was changed by a U.S. Supreme Court ruling (1995) involving an Arkansas sheriff in hiring his nephew as a deputy sheriff with multiple misdemeanor assault convictions in his background.

      Firearms and use of force has the potential of liability and economic loss to any public or private employer that allows their employees to carry weapons in the course of their duties.

      As far as liability in the auxiliary police programs that exists in New York State--the carrying of weapons while on volunteer auxiliary police duty does create a greater problem than a full-time professional officer such as yourself. It takes time,experience,effort and proper training to make a good professional LEO able to make sound judgements. Police unions are quite strong in New York and carry a lot of clout with the state law makers. For one thing; they don't want volunteers doing their jobs and taking away their overtime.

      LINY,In the past you have mentioned LAPD reserve officer program which is a three tiered volunteer program. Police volunteerism is quite acceptable down South and out West but the opposite is true in the Northeast with the disbanding of many civil defense AP units as the cold war between the United States and the Soviet Union waned down.
      Last edited by CountyCorrectionOfficer; 07-27-2014, 08:19 AM.

      Comment


      • Originally posted by Dinosaur32 View Post
        I believe Vista wrote that he took a DWI collar. That is all the NYPD cares about. The arrest, not the conviction. Basically, once a candidate is DQ'd he stays DQ'd. You may win a skirmish but not much chance of winning the war.
        Negative character disqualifications are next to impossible to overturn on appeal. NY Courts have consistently ruled in favor of the police/corrections agency in sustaining their hiring standards.

        Comment


        • Originally posted by Dinosaur32 View Post
          I believe Vista wrote that he took a DWI collar. That is all the NYPD cares about. The arrest, not the conviction. Basically, once a candidate is DQ'd he stays DQ'd. You may win a skirmish but not much chance of winning the war.
          Never took a DWI/DUI collar. Ever. Never drove intoxicated. My brother and sister were nearly killed by a drunk driver. I have zero respect or tolerance for it. I rarely, even drink. Maybe a beer with hot wings, red wine with a steak. But, out of all the stupid inmature **** indidnin my juvenile years/ never would do that.
          Problems with a psych exam?
          Have an upcoming
          PSYCHOLOGICAL EXAM that you NEED to PREPARE for?


          If your Disqualified, Pressured too withdraw, Recieved a Proposed DQ or want to talk about the appeal process- check these guys out. Doesnt hurt too call them- free, detailed telepone consultation before
          you make up your mind.
          WWW.LAWENFORCEMENTPEPTALK.COM



          Attorney Rob Kronenberg WWW.RKRONENBERGLAW.COM

          Appeal Psychologist: Mark Lerner
          http://www.crisisdoctors.com/Site/Dr._Mark_Lerner.html

          Comment


          • [COLOR=rgba(0, 0, 0, 0.701961)]Right- no one is perfect. If anyone proclaims their perfection, their a liar.[/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]
            [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]My cost was not even remotely close to 10k. I believe my total cost was somewhere around $3800 for the psych appeal for both the attorney and psychologist. My character appeal, was handled pro bono (attorney worked on that for free). My initial consultation fee, for the psych was around $375.00- and was for a lengthy psychological office visit. After we received my psych file, thats when we sat down and decided just how formidable of an argument/case i would have and paid the balance to the psychologist (and spent 5-6 hours addressing the NYPD's case). I then paid the legal fee (both charges were flat fee's- not an hourly fee structure, like most attorneys use- which adds up). [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]
            [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]And, the Civil Service Commission DOES frequently overturn psych disqualifications- and thats what this thread pertains too. (In fact, the attorney i used, was him self disqualified from NYPD when he was younger and went on to become a captain before vesting out after 15 years to practice law- and of course,all of this after he appealed and won). [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]
            [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]Its my belief- from friends at APD, NYPD Will Release a disqualified candidate's file, as they have no vested interest in a "dead" candidate, and hence have no reason not too. Even if they will not, you will always be required to disclose that you were disqualified to other agencies, and, that in itself would evoke many questions- such as, WHY? Having documentation in hand directly addressing this matter, would be of paramount significance. If you do have concrete information regarding what they would release, please PM me and id like to know more about this and how you are certain. Im open too learn more. (Yes, i do know NYPD is traditionally reluctant and particularly uncooperative with other agencies- "linkage blindness"). Furthermore, some agencies- most Notably the Port Auth. have been known to demand that candidates sue an employer, or any party or entity who is withholding information that may hinder their ability to execute a fully vetted investigation. (Particularly ones who are employed by NYPD who wish to transfer over). [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]
            [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]Character disqualifications, are, admittedly more difficult to appeal- as their based on a looser criteria as they have no real basis in medicine, or science as purported in other types of disqualifications. And yes, even if you do win a character appeal an agency can still deselect a candidate through the "1 in 3 rule" which is basically unappealable but somewhat difficult for an agency to do. (Had the NYPD just jammed me up on the character / background, id have understood).[/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]
            [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]Yes, both the NYPD, or a candidate does have the option to challenge the Civil service Commissions determination within 4 months of the csc's decision, through an "article 78 proceeding". Since you brought it up, you should also speak of just how successful these are and that this option, is open to both the NYPD and the Candidate. You shod also mention that these proceedings are rarely if ever successful unless it can be proven that civil service Commissions determination was made in bad faith, or "arbitrary and capricious" in nature . The Supreme Court will not and can not re-perform the function of a civil service appeal panel and perform a "de novo" review of the case (basically evaluate everything from the beginning and substitute its own judgement based on its own opinion of the total facts at hand).This issue has been addressed a few times, by the NYS Appellate Court.[/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]
            [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)] The supreme court has repeatedly ruled that it will NOT encroach upon, and substitute its own judgement for Civil Service Commissions determination as they have a wide discretion in deciding these matters. This is a double edged sword that cut's both ways. I have yet to read one Article 78 Proceeding, filed by either NYPD OR a Candidate that was adjudicated in the petitioners favor. For this reason, based on my research and my attorneys advice i did not pursue it too this level (and, had the attorney been interested in making more money he would have pushed me to proceed- which he didnt). These proceedings, cost upwards of $8000-$10000 dollars to do. [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]
            [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]And- If NYPD opted to go this route- they are petitioning the court for an injunction against Civil Service Commission who will be responsible to defend their own decision with their attorney- and they will, to protect the sanctity and foundational purpose of the commission. A candidate has the option of filing a cross motion to an NYPD Article 78, but this is not a requirement as the CSC does just fine in defending their own determination. [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]
            [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]Once again- if your DQ, call multiple attorneys, psychologists, and feel them out. From my experience, the guys i used were very good, honest, fair and straight forward. They never provided any type of false expectations and were totally honest and forthcoming in the possibility of all potential outcomes. They were neither the cheapest, nor more expensive. [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]
            [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]Any candidate who is DQ owes it to them self to evaluate their own situation using all the resources and options available to them, and make their own decision. The guys i used, do a free lengthy consultation. A candidate should at least get too the point in which they get their psych file, and see whats written about them and then decide. This is also helpful, if you wish to know what the concerns were if you harbor any intention of working on those concerns, and place them in the distant passed. The vintage of a concerning event has a great bearing on its applicability, and significance (they base their determinations on SFR- Severity, Frequency, Recency). [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]
            [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]Their is also the question of just how "smoothed over" and bias the department's Psychologists analytical report is. (Spence (1982) has noted in the psychoanalytic therapy situation that psychological analysts tend to “smooth” the patient’s narrative, omitting some details and magnifying others, so that it supports a pre-established explanation, or, as frequently in the NYPD's case- a preset internally established criteria (basically a checklist of automatic dq's) about the former’s problem. Also, the Analyst also tends to err on the side of caution and focus on False Negatives, as opposed too false positives. (Even know their supposed too be unbiased, the assumption of them being a neutral party would be naive). [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]
            [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)] Telling a candidate to just give up, because it is the proverbial end of the road and encourage them not to evaluate their options is deceitful at best, and malicious at worst. They should see whats written about them, and evaluate if they have any basis to provide a clearer, greater, more detailed narrative including any rationalization of any negatives, put in proper perspective as to their fitness for candidacy for the position they seek, as well as properly contrast any positive traits that were omitted either intentionally, or due to an incomplete assesment. Needless to say, any misinformation, etc, would also be addressed. [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]
            [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]With that said, we can all agree that not all disqualifications are wrongful, or not made in sound judgement or basis. But, its impossible for an agency to make a complete and accurate determination when an interview is around 45 minutes. [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)]
            [/COLOR]
            [COLOR=rgba(0, 0, 0, 0.701961)](Notably, A friends psych dq was merely based off of documentation of a different candidate with the same name that landed in his file. Simple error that screwed him up.) [/COLOR]
            Last edited by Vista; 07-27-2014, 06:22 PM.
            Problems with a psych exam?
            Have an upcoming
            PSYCHOLOGICAL EXAM that you NEED to PREPARE for?


            If your Disqualified, Pressured too withdraw, Recieved a Proposed DQ or want to talk about the appeal process- check these guys out. Doesnt hurt too call them- free, detailed telepone consultation before
            you make up your mind.
            WWW.LAWENFORCEMENTPEPTALK.COM



            Attorney Rob Kronenberg WWW.RKRONENBERGLAW.COM

            Appeal Psychologist: Mark Lerner
            http://www.crisisdoctors.com/Site/Dr._Mark_Lerner.html

            Comment


            • Broweser problems, again. Sorry for the html coding being included but i am not retyping tbat again
              Problems with a psych exam?
              Have an upcoming
              PSYCHOLOGICAL EXAM that you NEED to PREPARE for?


              If your Disqualified, Pressured too withdraw, Recieved a Proposed DQ or want to talk about the appeal process- check these guys out. Doesnt hurt too call them- free, detailed telepone consultation before
              you make up your mind.
              WWW.LAWENFORCEMENTPEPTALK.COM



              Attorney Rob Kronenberg WWW.RKRONENBERGLAW.COM

              Appeal Psychologist: Mark Lerner
              http://www.crisisdoctors.com/Site/Dr._Mark_Lerner.html

              Comment


              • In error I wrote that Vista had taken a DWI collar, I reviewed the posts and stand corrected. But that does little to change my consideration of his posts. If any poster here has thoughts of filing an Article 78 proceeding, please note they are exceedingly expensive with just about no chance od succeeding. "Arbitrary and Capricious" is an amorphous term. Trying to prove an agency with broad powers in hiring acted in such a way is virtually impossible. I am not going to comment on the fees Vista claims to have paid or what his doctor and attorney might have accomplished. I will not comment on his opinion of other professionals. I will state that it has been my experience that the cost to appeal any civil service DQ is substantial and almost always done on an hourly basis for both the attorney and the psychologist.

                Comment


                • Originally posted by Vista View Post
                  [COLOR=rgba(0, 0, 0, 0.701961)]Right- no one is perfect. If anyone proclaims their perfection, their a liar.[/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)]
                  [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)]My cost was not even remotely close to 10k. I believe my total cost was somewhere around $3800 for the psych appeal for both the attorney and psychologist. My character appeal, was handled pro bono (attorney worked on that for free). My initial consultation fee, for the psych was around $375.00- and was for a lengthy psychological office visit. After we received my psych file, thats when we sat down and decided just how formidable of an argument/case i would have and paid the balance to the psychologist (and spent 5-6 hours addressing the NYPD's case). I then paid the legal fee (both charges were flat fee's- not an hourly fee structure, like most attorneys use- which adds up). [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)]
                  [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)]And, the Civil Service Commission DOES frequently overturn psych disqualifications- and thats what this thread pertains too. (In fact, the attorney i used, was him self disqualified from NYPD when he was younger and went on to become a captain before vesting out after 15 years to practice law- and of course,all of this after he appealed and won). [/COLOR Most emphasis on background investigations is placed on criminal history and previous employment.
                  [COLOR=rgba(0, 0, 0, 0.701961)]
                  [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)]Its my belief- from friends at APD, NYPD Will Release a disqualified candidate's file, as they have no vested interest in a "dead" candidate, and hence have no reason not too. Even if they will not, you will always be required to disclose that you were disqualified to other agencies, and, that in itself would evoke many questions- such as, WHY? Having documentation in hand directly addressing this matter, would be of paramount significance. If you do have concrete information regarding what they would release, please PM me and id like to know more about this and how you are certain. Im open too learn more. (Yes, i do know NYPD is traditionally reluctant and particularly uncooperative with other agencies- "linkage blindness"). Furthermore, some agencies- most Notably the Port Auth. have been known to demand that candidates sue an employer, or any party or entity who is withholding information that may hinder their ability to execute a fully vetted investigation. (Particularly ones who are employed by NYPD who wish to transfer over). [/COLOR]
                  SOME police agencies on their employment application MIGHT ask you if you applied to other police agencies. They generally will not ask you WHY you were not hired. As to NYPD, they will not release any background information of a [former] police candidate to another police agency. Your file remains sealed and confidential.

                  [COLOR=rgba(0, 0, 0, 0.701961)]
                  [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)]Character disqualifications, are, admittedly more difficult to appeal- as their based on a looser criteria as they have no real basis in medicine, or science as purported in other types of disqualifications. And yes, even if you do win a character appeal an agency can still deselect a candidate through the "1 in 3 rule" which is basically unappealable but somewhat difficult for an agency to do. (Had the NYPD just jammed me up on the character / background, id have understood).
                  NYPD does have strict hiring and retention guidelines. Basically, these guidelines are based on the 'calculated risk' concept--negative conduct in the past will again be repeated in the future. The calculated risk concept does not take into account any positive offshoots such as : community invovlement (volunteer organizations that benefit the community), length of time since the negative incident(s) occurred.

                  [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)]
                  [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)]Yes, both the NYPD, or a candidate does have the option to challenge the Civil service Commissions determination within 4 months of the csc's decision, through an "article 78 proceeding". Since you brought it up, you should also speak of just how successful these are and that this option, is open to both the NYPD and the Candidate. You shod also mention that these proceedings are rarely if ever successful unless it can be proven that civil service Commissions determination was made in bad faith, or "arbitrary and capricious" in nature . The Supreme Court will not and can not re-perform the function of a civil service appeal panel and perform a "de novo" review of the case (basically evaluate everything from the beginning and substitute its own judgement based on its own opinion of the total facts at hand).This issue has been addressed a few times, by the NYS Appellate Court.[/COLOR]
                  Again, Character disqualifications by police/corrections agency are virtually impossible to overturn in State Supreme Court in an Article 78 proceeding.
                  [COLOR=rgba(0, 0, 0, 0.701961)]
                  [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)] The supreme court has repeatedly ruled that it will NOT encroach upon, and substitute its own judgement for Civil Service Commissions determination as they have a wide discretion in deciding these matters. This is a double edged sword that cut's both ways. I have yet to read one Article 78 Proceeding, filed by either NYPD OR a Candidate that was adjudicated in the petitioners favor. For this reason, based on my research and my attorneys advice i did not pursue it too this level (and, had the attorney been interested in making more money he would have pushed me to proceed- which he didnt). These proceedings, cost upwards of $8000-$10000 dollars to do. [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)]
                  [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)]And- If NYPD opted to go this route- they are petitioning the court for an injunction against Civil Service Commission who will be responsible to defend their own decision with their attorney- and they will, to protect the sanctity and foundational purpose of the commission. A candidate has the option of filing a cross motion to an NYPD Article 78, but this is not a requirement as the CSC does just fine in defending their own determination. [/COLOR]
                  Even as; NYPD will not appoint a police officer candidate that they don't want to see on the force. They could use the 1 out of 3 rule or most commonly--place the candidate's name on "hold" until the expiration of the civil service list.
                  [COLOR=rgba(0, 0, 0, 0.701961)]
                  [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)]Once again- if your DQ, call multiple attorneys, psychologists, and feel them out. From my experience, the guys i used were very good, honest, fair and straight forward. They never provided any type of false expectations and were totally honest and forthcoming in the possibility of all potential outcomes. They were neither the cheapest, nor more expensive. [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)]
                  [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)]Any candidate who is DQ owes it to them self to evaluate their own situation using all the resources and options available to them, and make their own decision. The guys i used, do a free lengthy consultation. A candidate should at least get too the point in which they get their psych file, and see whats written about them and then decide. This is also helpful, if you wish to know what the concerns were if you harbor any intention of working on those concerns, and place them in the distant passed. The vintage of a concerning event has a great bearing on its applicability, and significance (they base their determinations on SFR- Severity, Frequency, Recency). [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)]
                  [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)]Their is also the question of just how "smoothed over" and bias the department's Psychologists analytical report is. (Spence (1982) has noted in the psychoanalytic therapy situation that psychological analysts tend to “smooth” the patient’s narrative, omitting some details and magnifying others, so that it supports a pre-established explanation, or, as frequently in the NYPD's case- a preset internally established criteria (basically a checklist of automatic dq's) about the former’s problem. Also, the Analyst also tends to err on the side of caution and focus on False Negatives, as opposed too false positives. (Even know their supposed too be unbiased, the assumption of them being a neutral party would be naive). [/COLOR]
                  Psychology, as with any other type of medical opinion, is an art and not an exact science. The vast majority of police/corections appointing authorities know this.
                  [COLOR=rgba(0, 0, 0, 0.701961)]
                  [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)] Telling a candidate to just give up, because it is the proverbial end of the road and encourage them not to evaluate their options is deceitful at best, and malicious at worst. They should see whats written about them, and evaluate if they have any basis to provide a clearer, greater, more detailed narrative including any rationalization of any negatives, put in proper perspective as to their fitness for candidacy for the position they seek, as well as properly contrast any positive traits that were omitted either intentionally, or due to an incomplete assesment. Needless to say, any misinformation, etc, would also be addressed. [/COLOR]
                  Again, Negative character disqualifications are next to impossible to overturn. There are police agencies that will not hire applicants with any type of criminal convictions (felony [absolute bar or misdemeanor) or job terminations for cause (incompetcy or misconduct) in their background.
                  [COLOR=rgba(0, 0, 0, 0.701961)]
                  [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)]With that said, we can all agree that not all disqualifications are wrongful, or not made in sound judgement or basis. But, its impossible for an agency to make a complete and accurate determination when an interview is around 45 minutes. [/COLOR]
                  You are referring to a 'psych evaluation' in which a departmental psychologist will make a negetive character issue into a psychological disqualification.
                  [COLOR=rgba(0, 0, 0, 0.701961)]
                  [/COLOR]
                  [COLOR=rgba(0, 0, 0, 0.701961)](Notably, A friends psych dq was merely based off of documentation of a different candidate with the same name that landed in his file. Simple error that screwed him up.) [/COLOR]
                  Last edited by CountyCorrectionOfficer; 07-28-2014, 01:27 AM.

                  Comment


                  • Vista, you might want to check out this newspaper link in reference to a pardoned felon who served in the U.S. Army in Afghanistan attempting to join NYPD a few years back.

                    http://www.nydailynews.com/new-york/...ticle-1.189479

                    Comment


                    • Originally posted by Dinosaur32 View Post
                      In error I wrote that Vista had taken a DWI collar, I reviewed the posts and stand corrected. But that does little to change my consideration of his posts. If any poster here has thoughts of filing an Article 78 proceeding, please note they are exceedingly expensive with just about no chance od succeeding. "Arbitrary and Capricious" is an amorphous term. Trying to prove an agency with broad powers in hiring acted in such a way is virtually impossible. I am not going to comment on the fees Vista claims to have paid or what his doctor and attorney might have accomplished. I will not comment on his opinion of other professionals. I will state that it has been my experience that the cost to appeal any civil service DQ is substantial and almost always done on an hourly basis for both the attorney and the psychologist.
                      Article 78's are rarely succesful. But a civil service commision appeal is a vastly different process. Ive apent many hours on exourts reading them. Usually whatever covil service decides, is the end of the road. Most attorneys and psychologists do charge hourly. The guys i used, charged flat fee's. That was one reason i used them. It, wouldnhave been more had i needed to attemd an evidentiary hearing in front of civil service commision. But, that wasnt necessary. Sorry for typos. Iphone trouble.
                      Last edited by Vista; 07-28-2014, 08:36 AM.
                      Problems with a psych exam?
                      Have an upcoming
                      PSYCHOLOGICAL EXAM that you NEED to PREPARE for?


                      If your Disqualified, Pressured too withdraw, Recieved a Proposed DQ or want to talk about the appeal process- check these guys out. Doesnt hurt too call them- free, detailed telepone consultation before
                      you make up your mind.
                      WWW.LAWENFORCEMENTPEPTALK.COM



                      Attorney Rob Kronenberg WWW.RKRONENBERGLAW.COM

                      Appeal Psychologist: Mark Lerner
                      http://www.crisisdoctors.com/Site/Dr._Mark_Lerner.html

                      Comment


                      • Originally posted by CountyCorrectionOfficer View Post
                        Vista, you might want to check out this newspaper link in reference to a pardoned felon who served in the U.S. Army in Afghanistan attempting to join NYPD a few years back.

                        http://www.nydailynews.com/new-york/...ticle-1.189479
                        His test expired. The pardon, only removed the statutory bar to employment. Icant find any other details on his case. But- csc has reinstated candidates who were charged with even felonys. Its all public info- they publish it monthly on their website.
                        Problems with a psych exam?
                        Have an upcoming
                        PSYCHOLOGICAL EXAM that you NEED to PREPARE for?


                        If your Disqualified, Pressured too withdraw, Recieved a Proposed DQ or want to talk about the appeal process- check these guys out. Doesnt hurt too call them- free, detailed telepone consultation before
                        you make up your mind.
                        WWW.LAWENFORCEMENTPEPTALK.COM



                        Attorney Rob Kronenberg WWW.RKRONENBERGLAW.COM

                        Appeal Psychologist: Mark Lerner
                        http://www.crisisdoctors.com/Site/Dr._Mark_Lerner.html

                        Comment


                        • And felons, even if reinstated as candidates for some reason, do not get hired. The gunslinger above had all sorts of politicos pleading his case to no avail.

                          Comment


                          • Originally posted by Dinosaur32 View Post
                            And felons, even if reinstated as candidates for some reason, do not get hired. The gunslinger above had all sorts of politicos pleading his case to no avail.
                            I believe he was a CJ major and a security guard when he got popped. That, adds an entirely different dimension. To me, that kinda shows he knew he was wrong and was actually playing police man. (Or gun slinger lol)
                            Problems with a psych exam?
                            Have an upcoming
                            PSYCHOLOGICAL EXAM that you NEED to PREPARE for?


                            If your Disqualified, Pressured too withdraw, Recieved a Proposed DQ or want to talk about the appeal process- check these guys out. Doesnt hurt too call them- free, detailed telepone consultation before
                            you make up your mind.
                            WWW.LAWENFORCEMENTPEPTALK.COM



                            Attorney Rob Kronenberg WWW.RKRONENBERGLAW.COM

                            Appeal Psychologist: Mark Lerner
                            http://www.crisisdoctors.com/Site/Dr._Mark_Lerner.html

                            Comment


                            • Exactly. Making a character issue into a psych issue. You hit it on the head
                              Problems with a psych exam?
                              Have an upcoming
                              PSYCHOLOGICAL EXAM that you NEED to PREPARE for?


                              If your Disqualified, Pressured too withdraw, Recieved a Proposed DQ or want to talk about the appeal process- check these guys out. Doesnt hurt too call them- free, detailed telepone consultation before
                              you make up your mind.
                              WWW.LAWENFORCEMENTPEPTALK.COM



                              Attorney Rob Kronenberg WWW.RKRONENBERGLAW.COM

                              Appeal Psychologist: Mark Lerner
                              http://www.crisisdoctors.com/Site/Dr._Mark_Lerner.html

                              Comment


                              • Originally posted by Vista View Post
                                I believe he was a CJ major and a security guard when he got popped. That, adds an entirely different dimension. To me, that kinda shows he knew he was wrong and was actually playing police man. (Or gun slinger lol)
                                True, The Osvaldo Hernandez matter is quite interesting. Originally charged with CPW and possession of stolen property at age 20. Plead guilty to felony CPW and sentenced to a "county year" [ that's upstate jargon for a serving a one year sentence in a county/city jail and getting out in 8 months with good behavior allowance]. Then enlisted in the U.S. Army active duty and served in Afganistan obtaining the rank of buck sgt. After his military service; applies for a pardon thru the Governor's office and this is granted expunging the felony conviction..

                                Subsequently,Hernandez takes the NYPD civil service exam; is processed as a candidate and consequently rejected even though many NYC politicos go to bat for him. NYPD's rejection is based on negative character issues:

                                Executive clemency (the pardon) was NOT based on innocence absolving criminal responsibility but rather subsequently good conduct service in the U.S. Army. Candidate did,in fact, plea guilty to Criminal Possession of a Weapon (loaded handgun).

                                From what I read of this case on the internet; Hernandez was offered employment by other police departments. Little is known of this case after 2010.
                                Last edited by CountyCorrectionOfficer; 07-28-2014, 11:02 AM.

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