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What Should You Discuss During an NYPD Proposed Disqualification Consultation?

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Receiving a Notice of Proposed Disqualification (NOPD) from the New York City Police Department can leave you with questions about what happened, what the department is concerned about, and what information may matter in a response. An appeal consultation should help sort those issues into what is actually relevant.

At Disqualification Appeals, we assist police candidates in the Bronx, Brooklyn, Manhattan, Queens, and Staten Island, as well as Nassau County and Suffolk County. During our initial consultation with you, we work to understand what the NYPD identified as a concern, what stage the case has reached, and what information may help us evaluate the next step.

You do not need to arrive with a perfect file. You do need to be ready to discuss the notice honestly and specifically.

Start With the Notice You Received

The most useful starting point in a consultation with us is the actual Notice of Proposed Disqualification. Bring or provide the complete notice rather than relying on memory.

For medical and psychological disqualifications governed by Department of Citywide Administrative Services procedures, the proposed notice gives the candidate an opportunity to submit a written response and additional documentation before a final determination is issued.¹ Our consultation should establish what type of disqualification is being proposed, what reasons are stated, what instructions appear in the notice, and which deadlines apply.

If you received other letters, emails, forms, or instructions with the notice, have those available as well. Those materials may also provide important context.

Explain What Happened Before the Notice

A Notice of Proposed Disqualification usually follows a longer hiring process. The events leading up to it can help explain why the issue arose.

For a psychological disqualification, that may include psychological testing, an oral interview, treatment history, employment concerns, or records requested during the evaluation. For a medical disqualification, the relevant history may involve an injury, diagnosis, surgery, a medical test result, or treatment. A character disqualification may involve background information, prior conduct, disclosures, omissions, or inconsistencies.

During our consultation, try to explain what happened in sequence. If the NYPD requested additional records, asked follow-up questions, or raised a concern before issuing the notice, mention that. The goal is to understand how the department reached the proposed determination. When you challenge a proposed disqualification, you need to do more than repeat that you disagree with the notice.

Discuss What You Already Told the NYPD

Prior statements matter because any response should account for information already in the record.

During the consultation, explain what you previously told an investigator, psychologist, physician, or other evaluator about the issue. If you completed forms, questionnaires, written explanations, or background packets addressing the same subject, those documents can be useful to review.

This is especially important when the proposed disqualification involves a discrepancy or omission. An explanation should be considered alongside what was previously asked and how you responded.

Identify the Records You Have and May Need

You do not need to collect every document connected to your life before speaking with us. The better question is which records relate directly to the concern identified in the notice.

For proposed medical and psychological disqualifications, DCAS procedures allow candidates to submit additional documentation. They also provide a process for a licensed medical or mental health professional selected by the candidate to review records supporting the proposed determination.¹

Depending on the issue, useful materials may include treatment records, updated testing, specialist reports, employment records, school records, court documents, or correspondence connected to the hiring process.

During our consultation, we can discuss what you already have, what may still need to be obtained, and whether a professional review may be appropriate. More documentation is not automatically better. The strongest records are usually the ones that address the specific issue the agency identified.

Be Candid About Difficult Facts

An NYPD disqualification appeal consultation with us is not the place to leave out a fact because it seems unhelpful or difficult to discuss.

If there is prior treatment, a disciplinary issue, an arrest, an employment problem, a conflicting statement, or another fact that may appear in the agency’s record, discuss it. Robert B. Kronenberg, Esq., needs to understand both your position and the facts the NYPD may rely on when evaluating your case.

That does not mean every negative fact ends an appeal. It means the value of an explanation depends on the full context.

Confirm the Deadline and Procedural Stage

The consultation should also clarify whether you received a proposed disqualification or a final determination.

Under DCAS Personnel Services Bulletin 100-10R, candidates facing covered medical or psychological proposed disqualifications generally have 30 days to submit a response to the hiring agency.¹ A final disqualification may involve a separate administrative appeal.

The New York City Civil Service Commission instructs candidates to review the final notice carefully because some matters must first be appealed to the hiring agency or another designated body before the Commission can review them.²

A response to a Notice of Proposed Disqualification and an appeal from a Final Notice of Disqualification are different procedural steps. Identifying where the case stands is essential before deciding what comes next.

Use the Consultation to Understand Your Options

A consultation should help clarify the stated concern, the evidence already available, what additional records may be useful, and whether further professional review may make sense. The answer depends on the notice and the individual facts.

An NYPD disqualification appeal lawyer, like Robert B. Kronenberg at Disqualification Appeals, can review the circumstances without promising a particular outcome. Our team works with police candidates facing psychological, medical, and character disqualifications.

If you received a Notice of Proposed Disqualification, contact Disqualification Appeals to discuss the notice, the relevant records, and your options.

 

Sources

  1. New York City Department of Citywide Administrative Services, “Personnel Services Bulletin 100-10R: Medical and Psychological Disqualifications.” https://www.nyc.gov/assets/dcas/downloads/pdf/reports/100-10R.pdf 
  2. New York City Civil Service Commission, “Filing a Disqualification Appeal with the CSC.” https://www.nyc.gov/site/csc/disqualification-appeals/filing-a-disqualification-appeal-with-the-csc.page