Question Psyche Evaluation: Rule CO Applicant Wrongly Disqualified

By REUVEN BLAU

The City Civil Service Commission has overturned a decision by the Correction Department disqualifying a new recruit from becoming a Correction Officer due to his prior arrest record, which included stealing a car and depositing a stolen check.

Chad Hall was knocked off the eligible list after a department psychiatrist concluded that his run-ins with the law showed that he has poor insight, judgment and impulse control, including aggressive behavior.

'Psychologically Sound'

But the CSC panel found that Mr. Hall's testimony sufficiently rebutted and explained his arrests for grand larceny, weapon possession, and driving violations. "Accordingly, we do not find that his experience constitutes any psychological impairment," the three-member panel unanimously ruled. "Overall, we find that appellant presented himself as a psychologically sound individual who did not raise any of the concerns expressed by the DOC."

In 1987, Mr. Hall was arrested for grand larceny, criminal possession of stolen property and unauthorized use of a vehicle. Mr. Hall, who was 17 at the time, testified before the CSC that he was driven home from school by some people he knew when the police stopped the stolen car. He was ultimately released after the others in the car admitted that he was just being given a ride home.

In 1997, Mr. Hall, while employed at the U.S. Post Office, was arrested for depositing a stolen check into his bank account. He testified before the CSC that he didn't know the check was stolen. According to Mr. Hall, who was fired from that job, a friend signed the check and asked him to deposit it in his account. The criminal charges against him were dismissed and sealed after he performed community service and paid restitution.

'Forgotten' Knife

In 2000, Mr. Hall was arrested when a knife was discovered in the back of his car at a traffic checkpoint. He said that he used the knife to cut speaker wire and that he had forgotten it was in the car. The police gave him a desk appearance ticket and he paid a $25 fine.

In 2004, he was arrested for driving with a suspended license. Mr. Hall told the CSC that he was given a ticket for a driving violation and claimed that he actually mailed in the fine, but received no response. He said that he discovered that his license had been suspended when he was stopped at the checkpoint.

Mr. Hall's psychiatrist, Dr. Jose Arcaya, noted that he has been employed by a law firm for the past eight years and has been working as a volunteer mentor with a youth group for the last five. Dr. Arcaya pointed out that the DOC's psychiatrist failed to note Mr. Hall's work and community service record.

The commission ordered that Mr. Hall be reinstated to Exam List 4002, saying he had no judgment problem.