Nassau Police Hopeful Psych DQ Is Upheld

By RICHARD STEIER

The disqualification from consideration on psychological grounds of a candidate for Police Officer in Nassau County has been upheld by a judge even though the man's own psychologist deemed him "fully mentally competent" to do the job.

In making his ruling, Nassau Supreme Court Justice James P. McCormack noted that courts under state law defer to a decision by an administrative body unless there is something "arbitrary or capricious" about its finding.

Had Prior Arrests

The candidate, identified only as "Murray," after passing the written exam for the job underwent psychological screening on two separate dates last spring. He complained in his lawsuit, according to Justice McCormack, that both interviews "were unduly focused on certain prior arrests of the petitioner, none of which resulted in any criminal conviction."

A June 13, 2006 letter from the Nassau County Civil Service Commission informed Mr. Murray that he was being disqualified from consideration for a Police Officer job "for failure to meet the psychological requirement of that position."

Over the next six weeks, Mr. Murray was twice examined by Dr. Robert Daley, the former Director of Psychological Services for the NYPD, who concluded he gave no sign of a "pattern of dysfunctional behavior or significant maladaptive personality traits." He pronounced Mr. Murray "fully mentally competent and suitable for employment as a police officer."

Appeal Rebuffed

That finding prompted a subsequent examination by a Nassau County-appointed psychiatrist, Dr. Julius Mendel, who concluded that he lacked the necessary skills to be a cop and recommended that his appeal be denied.

Justice McCormack noted that the courts are not supposed to "choose between diverse professional opinions" when deciding cases filed on the grounds that a ruling was arbitrary and capricious.

"Therefore," he stated, "where there is any rational basis or credible evidence in support of an agency's determination, the decision will be upheld."