Psychological disqualification appeals for New Jersey police candidates

Being psychologically unfit to perform the duties of the title effectively is one of the grounds on which a person may be denied appointment.^[4] The procedure is N.J.A.C. 4A:4-6.5.^[2] Under the Americans with Disabilities Act, a department may require the examination only after it has made an offer of employment and before appointment, and only if every candidate offered the title is examined. The results are kept in separate, confidential medical files.

To remove a name, the department sends the Commission the certification and a signed report and recommendation from a physician, psychologist or psychiatrist licensed in New Jersey (or employed by the department in the Clinical Psychologist series), with a finding that the candidate is not qualified for the title. Without that report the request may be denied. The department pays for the examinations it orders.

The Commission's staff then tells the candidate of the disqualification and of the right to appeal within 20 days, and that an appeal brings the chance to submit a report from a professional of the candidate's own choosing. Once an appeal is filed the department has 20 days to send everything its request rested on, including background investigations and the full reports, and must give the same material on request to the candidate's attorney or chosen New Jersey licensed psychologist or psychiatrist. A department that misses that deadline may have its request denied. The candidate's own report is due within 90 calendar days of filing the appeal.

Each professional report must give the examiner's license, the length of the examination or interview, a specific diagnosis or statement of the behavioral pattern or reasons, a finding on the candidate's fitness for the title, and every test given with its raw data. The rule names the M.M.P.I., the Rorschach and the T.A.T. among its examples.

In the appeal itself, the department carries the burden of proof, the reverse of most selection appeals.^[3] The Commission either decides on the written record or sends a psychological appeal to the New Jersey Personnel Medical Review Panel. Either side may ask to appear before the Panel within 10 days of notice; the Panel writes a report and recommendation, the parties may file exceptions within 10 days and cross-exceptions within five, and the Commission issues a written final decision. It may also send a candidate for an independent professional evaluation, and it may assess costs against a party whose inadequate report made one necessary or who caused unnecessary delay.

Full text of N.J.A.C. 4A:4-6.5 on NJ Civil Service Navigator