What’s the Difference?
A disappointing civil service exam result and a disqualification from a law enforcement position are not the same problem. They may involve different agencies, standards, deadlines, and appeal procedures.
If you believe your New York City civil service exam was rated incorrectly, you may be able to challenge the rating. This is done through the Department of Citywide Administrative Services (DCAS) Committee on Manifest Errors. If you have instead been disqualified from eligibility or appointment, you may be dealing with a separate disqualification appeal process. 1,2
At Disqualification Appeals, we help police candidates identify what type of determination they received. We then determine which appeal process may apply and what steps may be appropriate for challenging the decision.
What Is a Civil Service Exam Score Appeal?
A civil service exam score appeal challenges how your examination was rated. DCAS rules provide for the Committee on Manifest Errors to review claims that an examination rating contains a manifest error or mistake.1
For example, you may believe that a portion of your exam was scored incorrectly under the applicable rating guide. DCAS states that review of a manifest error claim can result in a higher or lower final rating.1 Current OASys guidance also instructs applicants to follow the appeal directions provided with their exam results and explain specifically why they believe the rating is incorrect.3
Unfortunately, you cannot appeal an exam score merely because you are disappointed with the result. A score appeal must identify a possible error in how the examination was rated. The Notice of Result and the instructions for your particular examination explain what appeal process may be available.
What Is a Civil Service Disqualification Appeal?
A civil service disqualification appeal challenges a determination affecting your eligibility or appointment rather than the numerical rating assigned to your exam.
The New York City Civil Service Commission may hear certain appeals involving people who have been disqualified. This includes being removed from an eligible list or from consideration for a competitive civil service title.2 Depending on the circumstances, a disqualification may involve qualifications for appointment, medical fitness, or criminal history. They can also involve materially false statements, employment history, or other grounds recognized by Civil Service Law § 50.2
For a police applicant, a disqualification may arise after the exam during a later stage of the hiring process. A Notice of Proposed Disqualification (NOPD) is part of the process for certain proposed medical and psychological disqualifications before a final determination is issued.4
After passing the civil service exam, you may still be disqualified later in the hiring process for psychological, medical, or character reasons. These determinations concern whether you meet the requirements for appointment, not whether your civil service exam was scored correctly. That is why an NYPD exam issue and an NYPD disqualification should not automatically be treated as the same type of appeal.
How Can You Tell Which Type of Appeal You Have?
The document you received can help determine whether your situation involves an exam score appeal or a disqualification appeal.
If your notice provides instructions for challenging an exam rating through the Committee on Manifest Errors, you are most likely dealing with an exam score appeal. DCAS rules generally require manifest error claims concerning examination results to be made within one month of the notice of results. This is subject to the rules and instructions for that particular examination.1
If you received a final Notice of Disqualification, you may instead be dealing with a disqualification appeal. The Civil Service Commission explains that some determinations must first be appealed to the hiring agency, the Committee on Manifest Errors, or another designated review body. This is done before the Commission can consider them.5
The words “failed,” “not qualified,” and “disqualified” can describe very different situations. What matters is who issued the notice, what decision was made, why it was made, and what appeal instructions the notice provides.
Why Does the Type of Appeal You Need Matter?
The type of appeal you need affects the arguments and supporting evidence that may be relevant to your case.
A psychological disqualification appeal may involve psychological evaluations, treatment records, or professional review. A medical disqualification appeal may involve medical records, testing, or reports from treating or evaluating professionals. A character disqualification appeal may involve background records, employment history, prior statements, or documentation addressing a specific concern.
Those materials do not necessarily show that an exam was scored incorrectly. Likewise, an argument that your exam rating contains an error does not necessarily address a later medical, psychological, or character determination.
What If You Are Not Sure Which Appeal Applies?
If the Civil Service Commission is the correct body to hear your final disqualification appeal, it must receive the appeal within 30 days of the date on your disqualification notice.5 An exam score appeal follows a different process and may have a different deadline.1
Appeal procedures can also vary depending on the hiring agency and jurisdiction. A matter involving the New York City Police Department (NYPD) may not follow the same process as one involving Nassau County or Suffolk County.
An NYPD disqualification appeal lawyer like Robert B. Kronenberg at Disqualification Appeals can review your notice. He can help determine whether you are dealing with an exam rating issue, a proposed disqualification, or a final disqualification. He can also identify which appeal route may apply and what type of evidence or argument may be relevant to the decision you received.
Identify the Decision Before You Challenge It
If your civil service result or police disqualification notice leaves you unsure about what you can challenge or where the appeal belongs, we can help. Robert B. Kronenberg can review the decision, the stated reason, and the procedural history to determine which options may be available.
Contact Disqualification Appeals to review your notice and discuss the available next steps.
Sources
- New York City Department of Citywide Administrative Services, “Personnel Rules and Regulations, Rule VIII: Appeals.” NYC DCAS Rule VIII: Appeals
- New York City Civil Service Commission, “Disqualification Determinations.” CSC Disqualification Determinations
- New York City Department of Citywide Administrative Services, “OASys FAQ.” OASys FAQ
- New York City Department of Citywide Administrative Services, “Personnel Services Bulletin 100-10R: Medical and Psychological Disqualifications.” Personnel Services Bulletin 100-10R
- New York City Civil Service Commission, “Filing a Disqualification Appeal with the CSC.” CSC Disqualification Appeal Filing Guidance