Labor & Employment Law

Commission?s authority to determine applicant?s qualification for appointment not compromised by court?s order directing it to produce certain evidence

Matter of McElligott v Nassau County Civ. Serv. Commn., 2008 NY Slip Op 09797, decided on December 9, 2008, Appellate Division, Second Department

The Nassau County Civil Service Commission disqualified Maurice McElligott for appointment as a police officer on the ground that he did not meet the psychological requirements of the position.

McElligott challenged the Commission?s determination and in the course of the trial Supreme Court directed the Commission to produce "the actual written protocol used, if any, in determining passage or non passage [sic] of applicant's MMPI-2 test" and "evidence demonstrating in what manner [McElligott's] and other candidates' MMPI-2 test results fall outside [the acceptable] range [of scores],? thereby requiring McElligott submit to ?a Stage II screening evaluation.?

The basis for the Supreme Court?s action was that if found that the Commission?s psychological expert?s statements directly contradicted the Commission's representation "that only candidates whose scores fall outside the established acceptable range are referred to Stage II of the screening process.?

The Commission appealed, claiming that the court?s order interfered with its power to determine the qualifications for appointment to police officer positions.

The Appellate Division affirmed, commenting that the Supreme Court?s directive neither constituted an attempt to interfere with the Commission?s discretion to determine the qualifications of police officers nor ?impermissibly expand the scope of the instant proceeding.?

Rather than demand irrelevant evidence of the MMPI-2 results of other candidates, the Appellate Division ruled that Supreme Court simply directed the Commission to produce evidence, such as a written protocol, that set forth the guidelines for determining whether any given candidate's MMPI-2 score fell outside of a pre-determined "normal" range that would trigger the decision to refer such candidate to Stage II psychological evaluation.

The full text of the decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_09797.htm

Full post as published by New York Public Personnel Law on December 23, 2008 (boomark / email).