In a proceeding pursuant to CPLR Article 78 filed by a candidate for appointment as a police officer [Plaintiff] seeking judicial review of the determination of the Suffolk County Department of Civil Service [Department], affirming its earlier determination, that the Plaintiff was not qualified for employment as a police officer, Supreme Court dismiss the Plaintiff's petition. Plaintiff appealed. The Appellate Division affirmed the Supreme Court ruling, with costs.
Plaintiff had sought employment as a police officer with the Suffolk County Police Department. Candidates for such employment are required to undergo a background investigation and pass a psychological evaluation, among other things. Petitioner was not recommended for the position and the Civil Service Department notified Plaintiff that he had not been found qualified for the appointment.
Plaintiff appealed the Department's determination, submitting an independent evaluation by a psychologist who disagreed with the conclusion of the Department's evaluator. Ultimately the Department concluded that there was no significant evidence to support reversing its disqualification of Plaintiff and affirmed its prior determination that the Petitioner was not qualified for employment as a police officer.
Petitioner commenced the instant CPLR Article 78 proceeding seeing judicial review of the Department's determination. Suffolk County, pursuant to CPLR 3211(a) and 7804(f), moved to dismiss the Plaintiff's petition. In an order and judgment, Supreme Court, in effect, granted the County's motion, denied the Plaintiff's petition, and dismissed the proceeding. The Plaintiff appealed the Supreme Court's ruling.
The Appellate Division found that Supreme Court had properly granted the County's motion to dismiss Plaintiff's petition, explaining that "An appointing authority has wide discretion in determining the fitness of candidates, and this discretion is particularly broad in the hiring of law enforcement officers, to whom high standards may be applied". The court also observed that "So long as the administrative determination is not irrational or arbitrary and capricious, this Court will not disturb it".
Further, opined the Appellate Division, "If a determination is rational it must be sustained even if the court concludes that another result would also have been rational" and noted that in an Article 78 proceeding, "the reviewing court may not weigh the evidence, choose between conflicting proof, or substitute its assessment of the evidence or witness credibility for that of the administrative factfinder".
Determining that the Supreme Court had properly concluded that the Department's decision disqualifying the Petitioner appoint to the position of police office was neither irrational nor arbitrary and capricious, the Appellate Division stated that "In determining whether a candidate is medically qualified to serve as a police officer, the appointing agency is 'entitled to rely upon the findings of its own medical personnel, even if those findings are contrary to those of professionals retained by the candidate'".
In the words of the Appellate Division, "It is not for the courts to choose between the diverse professional opinions. That is the function of the proper department heads and as long as they act reasonably and responsibly, the courts will not interfere".
Click HERE to access the Appellate Division's decision posted on the Internet.