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FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023
Dawn M. Pinnock Sanford M. Cohen
Commissioner Deputy Commissioner
Citywide Administrative Services General Counse
TO: City Civil Service Commission DATE: September 5, 2023
RE: Appeal of Clifford Lange EXAMINATION NO. 9611
TITLE: Structure Maintainer - D LIST NO. 18
Group
DATE OF APPOINTMENT: December 16, 2019 CASE NO. 2023-0059
TERMINATED: January 6, 2023
DEPARTMENT OF CITYWIDE
Qualified"
ADMINISTRATIVE SERVICES ACTION: Marked "Not based on
Unsatisfactory Character, Falsification,
Omission of Pertinent Facts, and Fraud.
Civil Service Law §50(4)(a), (f), and
(g).
Clifford Lange ("Appellant") is appealing the decision of the Deputy Commissioner of the
Department of Citywide Administrative Services ("DCAS") to disqualify him for the position of
Structure Maintainer-
Group D, Examination No. 9611. Appellant was disqualified because of his
unsatisfactory character based on omission of pertinent facts, falsification and fraud.
FACTS:
On December 24, 2018, Appellant applied for the position of StructureMaintainer-Group
D, Examination No. 9611. S_ee Exhibit A. The Notice of Examination ("NOE") for Examination
No. 9611 advises applicants that "[t]he General Examination Regulations of the Department of
Citywide Administrative Services apply to this examination and are part of this Notice of
Examination."
See Exhibit B, p. 6. General Examination E.19.1 states that all applicants must be
of satisfactory character. The NOE further advises applicants that any intentional
misrepresentation on the Application or examination may result in disqualification, even after
appointment, and may result in criminal prosecution. Ji
After passing the examination, Appellant's name was placed on the eligible list for
Structure Maintainer-
Group D, Examination No. 9611. Appellant was appointed from the eligible
list on December 16, 2019, subject to investigation. See Exhibit C, p. 3. On August 12, 2019,
Appellant completed a Comprehensive Personnel Document ("CPD") and submitted it to NYC
Transit. See Exhibit D. The CPD specifically required Appellant to list "all convictions and/or
The David N. Dinkins Municipal Building
1 Centre Street, New York, NY 10007
212-386-0042 . .
nve.gov/dcas
FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023
charges,"
pending also noting that Appellant must list every conviction and if he cannot remember
all of his convictions, he should indicate that on the CPD. at p. 3. Appellant & listed six
convictions on his CPD stemming from arrests in 2003 and 2004.
Appellant's Conviction History
On September 7, 2000, Appellant was arrested and charged with a violation of New York
3rd
Penal Law
("PL") § 140.10 Criminal Trespass in the Degree, a ClaSS B MiSdemeanOr. On May
3rd
10, 2001, Appellant pled guilty to violating PL §140.10 Criminal Trespass in the pe yee ge
was sentenced to one year of probation. S_ee Exhibit E.
On
May 14, 2003, Appellant was arrested and charged with violation of PL§ 160.10
Robbery, a Class C Felony, PL §155.25 Petit Larceny, a Class A Misdemeanor; PL § l 65.40
5*
Criminal Possession of Stolen Property in the Degree, a Class A Misdemeanor; and PL §240.26
2nd
Harassment in the Degree, a Violation. On December 23, 2003, Appellant pled guilty to
violating PL §155.25 Petit Larceny, a Class A Misdemeanor. He was sentenced to 120 days in
jail.
On August 23, 2003, Appellant was arrested and charged with a violation of PL §155.25
Petit Larceny, a Class A Misdemeanor. On December 23, 2003, Appellant pled guilty to violating
PL §240.20 Disorderly Conduct, a Violation. He was sentenced to time served.
On September 13, 2003, Appellant was arrested and charged with violation of New Jersey
3rd
Code of Criminal Justice
§2C:20-11(B)(1) Shopliiting in the Degree. On October 29, 2004,
Appellant pled guilty to violating New Jersey §2C:20-11(C)(4) Shoplifting, a Disorderly Persons
offense. He was sentenced to two years of probation. &
On October 17, 2003, Appellant was arrested and charged with violation of PL §155.25
Petit Larceny, a Class A Misdemeanor. On December 23, 2003, Appellant pled guilty to violating
PL §240.20 Disorderly Conduct, a Violation. He was sentenced to time served. R
On November 22, 2003, Appellant wasarrested and charged with violation of PL §l65.40
5th
Criminal Possession of Stolen Property in the Degree, a ClaSS A Misdemeanor. On February
20, 2004, Appellant pled guilty to violating PL §l 65.40 Criminal Possession of Stolen Property in
5th
the Degree, a ClaSS A Misdemeanor. He was sentenced to a conditional discharge.
On December 16, 2004, Appellant was arrested and charged with a violation of PL §155.35
3rd
Grand Larceny in the Degree, a Class D Felony. On March 28, 2005, Appellant pled guilty to
3rd
Attempted Grand Larceny in the Degree, a Class E Felony. He was sentenced to six months
in jail and ordered to pay restitution of $2,459. IL
On April 9, 2005, Appellant was arrested in Bergen County, New Jersey. On July 6, 2005,
he was convicted of Receiving Stolen Property, a misdemeanor, and sentenced to an aggregate
sentence and fined $561.
FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023
On April 13, 2005, Appellant was arrested in Bergen County, New Jersey. On June 15,
2005, he was convicted of Theft by unlawful taking, a misdemeanor and sentenced to an aggregate
sentence and fined $1,155.
On July 25, 2005, Appellant was arrested in Houston, Texas. On July 29, 2005, Appellant
pled guilty and was convicted of Theft greater than or equal to $500 but less than $1500, a
misdemeanor. He was sentenced to 15 days of jail time. .I_d.
On April 28, 2008, Appellant was arrested and charged with a violation of PL §155.25 Petit
Larceny, a Class A Misdemeanor, and PL §165.40 Criminal Possession of Stolen Property in the
5th
Degree, a Class A Misdemeanor. On July 30, 2008, Appellant pled guilty to violating PL
§155.25 Petit Larceny, a Class A Misdemeanor. He was sentenced to a one-year conditional
discharge and ordered to pay a $500 fine. Id.
On July 28, 2017, Appellant was arrested and charged with a violation of PL §l 55.25 Petit
Larceny, a Class A Misdemeanor, and PL §165.40 Criminal Possession of Stolen Property in the
5th
Degree, a Class A Misdemeanor. On October 2, 2017, Appellant pled guilty to violating PL
§155.25 Petit Larceny, a Class A Misdemeanor. He was sentenced to a one-year conditional
discharge and required to perform two days of community service. I_d.
Appellant's Disqualification from Examination No. 9611
On October 20, 2022, DCAS sent Appellant a Notice of Proposed Personnel Action
("NOPPA"), which stated that Appellant would be found not qualified for the position of Structure
Maintainer- D. S_ce Exhibit F. The NOPPA stated that Appellant would be disqualified
Group
because of unsatisfactory character, omission, falsification of employment documents, and fraud,
and that his employment would be terminated. The NOPPA afforded Appellant an opportunity to
provide a written explanation as to why he believed that he was qualified for the position of
Structure Maintainer- D. Appellant submitted a letter to the background investigator dated
Group
November 1, 2022. Se_e Exhibit G. In his letter, Appellant stated that he did not intend to falsify
employment documents. He additionally stated that three of the arrests were adjoumed in
contemplation of dismissal, three were settled with fines, and one charge was from Texas.
DCAS mailed Appellant a Notice of Personnel Action ("NOPA") on November 15, 2022,
Not Maintainer-
finding Appellant Qualified for the position of Structure Group D, Examination
No. 9611, based on character, falsification, omission and fraud. S_ee Exhibit H. The NOPA
advised Appellant that he may appeal this determination by contacting the City Civil Service
Commission ("CCSC") within thirty days. On January 6, 2023, MTA NYC Transit terminated
disqualification.¹
Appellant's employment pursuant to the
1 Civil Service Law §50(4) states in part: "...no such certification shall be revoked or appointment terminated more than
fraud."
three years after it is made, except in the case of Appellant committed fraud, and therefore the three-year time
limitation does not apply to him.
FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023
The Appeal
Appellant appealed his disqualification to the CCSC on February 2, 2023. See Exhibit I.
With his appeal, Appellant included a written statement, a letter from the MTA, and a copy of the
NOPA. In his written statement, Appellant re-stated the circumstances of his convictions. He
additionally stated he believes his termination was unlawful. Id His initial appeal was untimely
to the CCSC. On February 4, 2023, Appellant sent the CCSC his explanation for the delay. See
Exhibit J. On February 8, 2023, the CCSC deemed the appeal timely. See Exhibit K.
DISCUSSION:
1. APPELLANT WAS LAWFULLY DISQUALIFIED PURSUANT TO NEW
YORK CIVIL SERVICE LAW §§50(4)(f) and (g) BASED ON OMISSION OF
PERTINENT FACTS, FALSIFICATION OF OFFICIAL NEW YORK CITY
EMPLOYMENT DOCUMENTS, AND PRACTICE OF FRAUD IN THE
APPLICATION PROCESS.
Appellant's omission and his failure to disclose some of his convictions is an independent
basis for disqualification under Civil Service Law Sections 50(4)(f) and (g). New York Civil
Service Law
§50(4)(f) provides may that an applicant be disqualified if he has intentionally made
a false statement of any material fact in his application. New York Civil Service Law §50(4)(g)
provides that an applicant may be disqualified if he has practiced or attempted to practice any
deception in his application, in his examination, or in securing his eligibility or appointment.
As specified in the NOE, an intentional misrepresentation on the application or
examination may result in disqualification, even after appointment, and may result in criminal
prosecution. On the CPD, Appellant listed only six convictions. Appellant admitted in his
response to the NOPPA that he had seven additional charges that he failed to disclose. The CPD
is an official NYC employment document, and it requires applicants to disclose all convictions.
Appellant failed to list all of his convictions on this document. An applicant's conviction record
is material information and is required to be disclosed as stated on the NOE and the CPD. The
employment application forms make it clear that an omission of a material fact is grounds for
disqualification. By claiming that he only had six convictions, Appellant made an omission of
pertinent facts on his employment application document and also falsified his application.
Appellant's behavior of concealing seven criminal convictions demonstrates a propensity
for untruthfulness and deceit. Further, Appellant deprived MTA NYC Transit of the ability to duly
weigh the material information about his convictions in considering him for permanent
appointment to the position of Structure Maintainer- D.
Group
Therefore, DCAS rationally concluded that Appellant intentionally omitted material facts
and falsified his NYC employment application document in order to meet the character
requirements for Examination No. 9611 and to secure employment with the City of New York.
Accordingly, Appellant was lawfully disqualified pursuant to Civil Service Law §§ 50(4)(f) and
(g).
FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023
2. APPELLANT WAS LAWFULLY DISQUALIFIED PURSUANT TO NEW
YORK CIVIL SERVICE LAW §50(4)(a) BASED ON HIS LACK OF
SATISFACTORY CHARACTER.
New York Civil Service Law § 50(4)(a) provides that DCAS, as the municipal civil service
commission, may disqualify a candidate who is found to lack any of the established requirements
for appointment to the position for which he or she applies.
provided in Rule 4.3.2(b)
As of the
Personnel Rules and Regulations of the City of New York, "[s]atisfactory character and reputation
shall be deemed a part of the established minimum requirements and qualifications for admission
position."
to an examination or for appointment to a 55 RCNY Appendix A (McKinney 2023).
Structure Maintainers- D perform sheet metal work in MTA NYC Transit's
Group
subway, surface and elevated structures, including stations, enclosures, and related buildings;
install, maintain and repair roofs, skylights, ducts, leaders and gutters, drip pans, fireproof doors,
stovepipes and receptables; fabricate sheet metal, plastic and fiberglass parts and devices needed
for such work; perfonn other structural work as necessary, including incidental painting; load,
unload and drive trucks and vans; keep records; and perform related work.
As stated above, the CPD clearly states that Appellant was required to disclose all of his
convictions. Appellant wrote that he believed he had listed all of the serious offenses that would
have prevented him from obtaining employment on this document. This is not a plausible
explanation, since the CPD clearly states all convictions must be listed. Appellant's false claim
on the employment application form shows that Appellant is dishonest, and it supports the
determination that he possesses unsatisfactory character. Accordingly, Appellant was also
lawfully disqualified for the position of Structure Maintainer-Group D, Examination No. 961 1,
pursuant to Civil Service Law § 50(4)(a).
CONCLUSION:
Based on the information stated above, the Deputy Commissioner lawfully and rationally
disqualified Appellant. Therefore, DCAS respectfully requests that the CCSC affirm the decision.
A copy of this report with its attachments have been sent to Appellant via email at
ci f ange@gmail.com.
Office of the General Counsel
HM/hm
Attachments
FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023
Exhibit A
FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023
06/07/23 A P P S ATAMA106
10:37:09.6 INDIVIDUAL APPLICATION MAINTENANCE ATAPI100
** APPLICATION DATA ** HHMM
INQ
-------------------------------------------------------------------------------
EXAM YEAR: 2019 EXAM NO: 9611 GROUP NO: 000 EXAM TYPE: C
TITLE CODE: 92346 EXAM TITLE: STRUCTURE MAINTAINER-GROUP D (SHEET METAL)
REQUIRED FEE:$ BATCH NO:
CONFIRMATION NUMBER: ------PREV. ADDRESS DATE: 08/29/19
SSN: -7826
LAST NAME: LANGE FIRST NAME: CLIFFORD M.I.: _
ADDRESS : 213 W 147TH ST 5D
CITY/TOWN : NEW YORK *BOROUGH: M STATE: NY ZIP: 10039 0000
FOREIGN COUNTRY: POSTAL CODE:
E-MAIL : CLFFLANGE@GMAIL.COM
PHONE: OTH NAMES USD:
ETHNICITY: B GENDER: M HISP/LATINO?: (Y/N/U) TITLE CUR EMP:
_
DATE CODE: _ MIL: _ RELIGIOUS: _ ( /Y) HANDICAPPED CLAIMED: _
VETERAN'S CREDIT CLAIMED: _ ( /V/D) LEGACY: PARENT: _ ( /P) SIBLING: _ ( /S)
FEE RECEIVED:$ 82.00_ METHOD OF PAYMENT: C (C/F/M/V/W/X) NO. CHECKS : _
MULT FEE IND: ( /M/X) APPLIC DATE: 12/24/18 (MMDDYYYY) MAIL PROCESSOR:
RUNNING TOTAL: Profile id: Affirm Ind: _ EETP Ind: _
Foreign Ind: _ ( /Y) ENTERED BY: CHANGED BY:
PFl-MAIN MENU PF2-PREV PF6-COMMENTS
. . .
. .
FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023
Exhibit B
FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023
New York City Transit
Notice of Examination
Structure Maintainer - D ((Sheet
Group Metal))
Exam No. 9611
Application Deadline: Type of Test:
December 24, 2018 Practical Skills
Application Fee: Test Date: (subject to change)
$82.00 Starting on Monday, April 8, 2019
JOB DESCRIPTION
Structure Maintainers - general supervision,
D, under perform sheet metal work in subway,
Group
surface and elevated including stations, enclosures
structures, and related buildings; install, maintain
and repair roofs, skylights, ducts, leaders and gutlers, drip pans, fireproof doors, stovepipes and
receptacles; fabricate sheet metal, plastic and fiberglass parts and devices needed for such work;
perform other structural work as necessary, including incidental painting; load, unload and drive
trucks and vans; keep records; and perform related work.
-
Sarne of the physicalactivities performed by Structure Maintainers Group D and environmentai
conditions they experience are: working outdoors in all weather conditions, walking along subway
tracks, stepping over rails (including live third rails), and climbing and walking on elevated structures
and along trackwalks and catwalks in dimly lit areas; climbing and working on roofs, ladders, ramps
and scaffolding; lifting and carrying heavy tools and equipment; bending and stooping in confined
spaces; using hand tools and heavy-duty power tools; reading prints and drawings; distinguishing
colored light signals; judging distances of lights in tunnels; and hearing warnings (bells, whistles and
vocal) and responding to Ihe sounds of oncoming trains.
Special Working Conditions: Structure Maintainers -Group D may be required to work various shifts
including nights, Saturdays, Sundays and holidays.
(This brief description does not include all of the duties of this position.)
READ CAREFULLY AND SAVE FOR FUTURE REFERENCE
FHing Opened: December 5, 2018
FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023
.
m
Structure Maintainer - D, Exam No. 9611 Page 2 of 6
Group
SALARY AND BENEFITS
The current minimum - per hour for a 40-hour
salary for Structure Maintainer Group D is 530.8124
work week increasing to $36.2499 per hour in the sixth year of service. This rate is subject to change.
The benefits of this position include, but are not limited lo, night and weekend salary differentials, paid
holidays, vacation and sick leave, a comprehensive medical plan and a pension plan.
HOW TO QUALIFY
Education and Experience Requirements: By the last day of the Application Period, you must
meet the following requirements:
1. Four years of full-time experience at the journey level (i.e. fully-trained
as a sheet metal worker
proficient, knowledgeable, experienced,
competent) in fabricating
and sheet metal products
from blueprints using sheet metal machinery and shop tools. For the above journey-level
experience to be credited, it must be preceded by one of the following:
A. Two years of full-time experience as a helper, apprentice or trainee performing or
assisting in the work described above, or
B. Graduation from a vocational high school with a major course of study in sheet metal
work or a closely related field; or
C. Graduation from a trade school
or technical school approved by a state's Department
of Education or recognized
accrediting organization, with a major course of study in
sheet metal work or a closely related field totaling 600 hours; or
D. An Associate degree or higher in sheet metal work, or a closely related field, from an
accredited college or university; or
2. Satisfactory completion of a four-year, full-time apprenticeship in the sheet metal trade
recognized by the New York State Department of Labor, the U.S. Department of Labor or any
state apprenticeship council which is recognized by the U.S. Department of Labor.
Vocational high school, technical school or trade school education must be approved by a State's
Department of Education or a recognized accredating organization. The college or university must be
accredited by regional, national, professional or specialized agencies recognized as accrediting
bodies by the U.S. Secretary of Education, and by the Council for Higher Education Accreditation
(CHEA).
You are responsible for determining whether you meet the qualification requirements for this
examination prior to submitting the Application. You may be given the test before we determine if you
Qualified,"
meet the qualification requirements. If you are marked "Not your Apphcanon fee will get be
refunded and you will agt receive a score.
REQUIREMENTS TO BE APPOINTED
Driver License Requirement: At the time of appointment, you must have a motor vehicle driver
license valid in the State of New York with no disqualifying restrictions that would preclude the
performance of the duties of this title. 15you have serious moving violations, a license suspension or
an accident record, you may be disqualified. This license must be maintained for the duration of your
employment in the litle.
(Continued)
READ CAREFULLY AND SAVE FOR FUTURE REFERENCE
Preview
FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023 Dawn M. Pinnock Sanford M. Cohen Commissioner Deputy Commissioner Citywide Administrative Services General Counse TO: City Civil Service Commission DATE: September 5, 2023 RE: Appeal of Clifford Lange EXAMINATION NO. 9611 TITLE: Structure Maintainer - D LIST NO. 18 Group DATE OF APPOINTMENT: December 16, 2019 CASE NO. 2023-0059 TERMINATED: January 6, 2023 DEPARTMENT OF CITYWIDE Qualified" ADMINISTRATIVE SERVICES ACTION: Marked "Not based on Unsatisfactory Character, Falsification, Omission of Pertinent Facts, and Fraud. Civil Service Law §50(4)(a), (f), and (g). Clifford Lange ("Appellant") is appealing the decision of the Deputy Commissioner of the Department of Citywide Administrative Services ("DCAS") to disqualify him for the position of Structure Maintainer- Group D, Examination No. 9611. Appellant was disqualified because of his unsatisfactory character based on omission of pertinent facts, falsification and fraud. FACTS: On December 24, 2018, Appellant applied for the position of StructureMaintainer-Group D, Examination No. 9611. S_ee Exhibit A. The Notice of Examination ("NOE") for Examination No. 9611 advises applicants that "[t]he General Examination Regulations of the Department of Citywide Administrative Services apply to this examination and are part of this Notice of Examination." See Exhibit B, p. 6. General Examination E.19.1 states that all applicants must be of satisfactory character. The NOE further advises applicants that any intentional misrepresentation on the Application or examination may result in disqualification, even after appointment, and may result in criminal prosecution. Ji After passing the examination, Appellant's name was placed on the eligible list for Structure Maintainer- Group D, Examination No. 9611. Appellant was appointed from the eligible list on December 16, 2019, subject to investigation. See Exhibit C, p. 3. On August 12, 2019, Appellant completed a Comprehensive Personnel Document ("CPD") and submitted it to NYC Transit. See Exhibit D. The CPD specifically required Appellant to list "all convictions and/or The David N. Dinkins Municipal Building 1 Centre Street, New York, NY 10007 212-386-0042 . . nve.gov/dcas FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023 charges," pending also noting that Appellant must list every conviction and if he cannot remember all of his convictions, he should indicate that on the CPD. at p. 3. Appellant & listed six convictions on his CPD stemming from arrests in 2003 and 2004. Appellant's Conviction History On September 7, 2000, Appellant was arrested and charged with a violation of New York 3rd Penal Law ("PL") § 140.10 Criminal Trespass in the Degree, a ClaSS B MiSdemeanOr. On May 3rd 10, 2001, Appellant pled guilty to violating PL §140.10 Criminal Trespass in the pe yee ge was sentenced to one year of probation. S_ee Exhibit E. On May 14, 2003, Appellant was arrested and charged with violation of PL§ 160.10 Robbery, a Class C Felony, PL §155.25 Petit Larceny, a Class A Misdemeanor; PL § l 65.40 5* Criminal Possession of Stolen Property in the Degree, a Class A Misdemeanor; and PL §240.26 2nd Harassment in the Degree, a Violation. On December 23, 2003, Appellant pled guilty to violating PL §155.25 Petit Larceny, a Class A Misdemeanor. He was sentenced to 120 days in jail. On August 23, 2003, Appellant was arrested and charged with a violation of PL §155.25 Petit Larceny, a Class A Misdemeanor. On December 23, 2003, Appellant pled guilty to violating PL §240.20 Disorderly Conduct, a Violation. He was sentenced to time served. On September 13, 2003, Appellant was arrested and charged with violation of New Jersey 3rd Code of Criminal Justice §2C:20-11(B)(1) Shopliiting in the Degree. On October 29, 2004, Appellant pled guilty to violating New Jersey §2C:20-11(C)(4) Shoplifting, a Disorderly Persons offense. He was sentenced to two years of probation. & On October 17, 2003, Appellant was arrested and charged with violation of PL §155.25 Petit Larceny, a Class A Misdemeanor. On December 23, 2003, Appellant pled guilty to violating PL §240.20 Disorderly Conduct, a Violation. He was sentenced to time served. R On November 22, 2003, Appellant wasarrested and charged with violation of PL §l65.40 5th Criminal Possession of Stolen Property in the Degree, a ClaSS A Misdemeanor. On February 20, 2004, Appellant pled guilty to violating PL §l 65.40 Criminal Possession of Stolen Property in 5th the Degree, a ClaSS A Misdemeanor. He was sentenced to a conditional discharge. On December 16, 2004, Appellant was arrested and charged with a violation of PL §155.35 3rd Grand Larceny in the Degree, a Class D Felony. On March 28, 2005, Appellant pled guilty to 3rd Attempted Grand Larceny in the Degree, a Class E Felony. He was sentenced to six months in jail and ordered to pay restitution of $2,459. IL On April 9, 2005, Appellant was arrested in Bergen County, New Jersey. On July 6, 2005, he was convicted of Receiving Stolen Property, a misdemeanor, and sentenced to an aggregate sentence and fined $561. FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023 On April 13, 2005, Appellant was arrested in Bergen County, New Jersey. On June 15, 2005, he was convicted of Theft by unlawful taking, a misdemeanor and sentenced to an aggregate sentence and fined $1,155. On July 25, 2005, Appellant was arrested in Houston, Texas. On July 29, 2005, Appellant pled guilty and was convicted of Theft greater than or equal to $500 but less than $1500, a misdemeanor. He was sentenced to 15 days of jail time. .I_d. On April 28, 2008, Appellant was arrested and charged with a violation of PL §155.25 Petit Larceny, a Class A Misdemeanor, and PL §165.40 Criminal Possession of Stolen Property in the 5th Degree, a Class A Misdemeanor. On July 30, 2008, Appellant pled guilty to violating PL §155.25 Petit Larceny, a Class A Misdemeanor. He was sentenced to a one-year conditional discharge and ordered to pay a $500 fine. Id. On July 28, 2017, Appellant was arrested and charged with a violation of PL §l 55.25 Petit Larceny, a Class A Misdemeanor, and PL §165.40 Criminal Possession of Stolen Property in the 5th Degree, a Class A Misdemeanor. On October 2, 2017, Appellant pled guilty to violating PL §155.25 Petit Larceny, a Class A Misdemeanor. He was sentenced to a one-year conditional discharge and required to perform two days of community service. I_d. Appellant's Disqualification from Examination No. 9611 On October 20, 2022, DCAS sent Appellant a Notice of Proposed Personnel Action ("NOPPA"), which stated that Appellant would be found not qualified for the position of Structure Maintainer- D. S_ce Exhibit F. The NOPPA stated that Appellant would be disqualified Group because of unsatisfactory character, omission, falsification of employment documents, and fraud, and that his employment would be terminated. The NOPPA afforded Appellant an opportunity to provide a written explanation as to why he believed that he was qualified for the position of Structure Maintainer- D. Appellant submitted a letter to the background investigator dated Group November 1, 2022. Se_e Exhibit G. In his letter, Appellant stated that he did not intend to falsify employment documents. He additionally stated that three of the arrests were adjoumed in contemplation of dismissal, three were settled with fines, and one charge was from Texas. DCAS mailed Appellant a Notice of Personnel Action ("NOPA") on November 15, 2022, Not Maintainer- finding Appellant Qualified for the position of Structure Group D, Examination No. 9611, based on character, falsification, omission and fraud. S_ee Exhibit H. The NOPA advised Appellant that he may appeal this determination by contacting the City Civil Service Commission ("CCSC") within thirty days. On January 6, 2023, MTA NYC Transit terminated disqualification.¹ Appellant's employment pursuant to the 1 Civil Service Law §50(4) states in part: "...no such certification shall be revoked or appointment terminated more than fraud." three years after it is made, except in the case of Appellant committed fraud, and therefore the three-year time limitation does not apply to him. FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023 The Appeal Appellant appealed his disqualification to the CCSC on February 2, 2023. See Exhibit I. With his appeal, Appellant included a written statement, a letter from the MTA, and a copy of the NOPA. In his written statement, Appellant re-stated the circumstances of his convictions. He additionally stated he believes his termination was unlawful. Id His initial appeal was untimely to the CCSC. On February 4, 2023, Appellant sent the CCSC his explanation for the delay. See Exhibit J. On February 8, 2023, the CCSC deemed the appeal timely. See Exhibit K. DISCUSSION: 1. APPELLANT WAS LAWFULLY DISQUALIFIED PURSUANT TO NEW YORK CIVIL SERVICE LAW §§50(4)(f) and (g) BASED ON OMISSION OF PERTINENT FACTS, FALSIFICATION OF OFFICIAL NEW YORK CITY EMPLOYMENT DOCUMENTS, AND PRACTICE OF FRAUD IN THE APPLICATION PROCESS. Appellant's omission and his failure to disclose some of his convictions is an independent basis for disqualification under Civil Service Law Sections 50(4)(f) and (g). New York Civil Service Law §50(4)(f) provides may that an applicant be disqualified if he has intentionally made a false statement of any material fact in his application. New York Civil Service Law §50(4)(g) provides that an applicant may be disqualified if he has practiced or attempted to practice any deception in his application, in his examination, or in securing his eligibility or appointment. As specified in the NOE, an intentional misrepresentation on the application or examination may result in disqualification, even after appointment, and may result in criminal prosecution. On the CPD, Appellant listed only six convictions. Appellant admitted in his response to the NOPPA that he had seven additional charges that he failed to disclose. The CPD is an official NYC employment document, and it requires applicants to disclose all convictions. Appellant failed to list all of his convictions on this document. An applicant's conviction record is material information and is required to be disclosed as stated on the NOE and the CPD. The employment application forms make it clear that an omission of a material fact is grounds for disqualification. By claiming that he only had six convictions, Appellant made an omission of pertinent facts on his employment application document and also falsified his application. Appellant's behavior of concealing seven criminal convictions demonstrates a propensity for untruthfulness and deceit. Further, Appellant deprived MTA NYC Transit of the ability to duly weigh the material information about his convictions in considering him for permanent appointment to the position of Structure Maintainer- D. Group Therefore, DCAS rationally concluded that Appellant intentionally omitted material facts and falsified his NYC employment application document in order to meet the character requirements for Examination No. 9611 and to secure employment with the City of New York. Accordingly, Appellant was lawfully disqualified pursuant to Civil Service Law §§ 50(4)(f) and (g). FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023 2. APPELLANT WAS LAWFULLY DISQUALIFIED PURSUANT TO NEW YORK CIVIL SERVICE LAW §50(4)(a) BASED ON HIS LACK OF SATISFACTORY CHARACTER. New York Civil Service Law § 50(4)(a) provides that DCAS, as the municipal civil service commission, may disqualify a candidate who is found to lack any of the established requirements for appointment to the position for which he or she applies. provided in Rule 4.3.2(b) As of the Personnel Rules and Regulations of the City of New York, "[s]atisfactory character and reputation shall be deemed a part of the established minimum requirements and qualifications for admission position." to an examination or for appointment to a 55 RCNY Appendix A (McKinney 2023). Structure Maintainers- D perform sheet metal work in MTA NYC Transit's Group subway, surface and elevated structures, including stations, enclosures, and related buildings; install, maintain and repair roofs, skylights, ducts, leaders and gutters, drip pans, fireproof doors, stovepipes and receptables; fabricate sheet metal, plastic and fiberglass parts and devices needed for such work; perfonn other structural work as necessary, including incidental painting; load, unload and drive trucks and vans; keep records; and perform related work. As stated above, the CPD clearly states that Appellant was required to disclose all of his convictions. Appellant wrote that he believed he had listed all of the serious offenses that would have prevented him from obtaining employment on this document. This is not a plausible explanation, since the CPD clearly states all convictions must be listed. Appellant's false claim on the employment application form shows that Appellant is dishonest, and it supports the determination that he possesses unsatisfactory character. Accordingly, Appellant was also lawfully disqualified for the position of Structure Maintainer-Group D, Examination No. 961 1, pursuant to Civil Service Law § 50(4)(a). CONCLUSION: Based on the information stated above, the Deputy Commissioner lawfully and rationally disqualified Appellant. Therefore, DCAS respectfully requests that the CCSC affirm the decision. A copy of this report with its attachments have been sent to Appellant via email at ci f ange@gmail.com. Office of the General Counsel HM/hm Attachments FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023 Exhibit A FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023 06/07/23 A P P S ATAMA106 10:37:09.6 INDIVIDUAL APPLICATION MAINTENANCE ATAPI100 ** APPLICATION DATA ** HHMM INQ ------------------------------------------------------------------------------- EXAM YEAR: 2019 EXAM NO: 9611 GROUP NO: 000 EXAM TYPE: C TITLE CODE: 92346 EXAM TITLE: STRUCTURE MAINTAINER-GROUP D (SHEET METAL) REQUIRED FEE:$ BATCH NO: CONFIRMATION NUMBER: ------PREV. ADDRESS DATE: 08/29/19 SSN: -7826 LAST NAME: LANGE FIRST NAME: CLIFFORD M.I.: _ ADDRESS : 213 W 147TH ST 5D CITY/TOWN : NEW YORK *BOROUGH: M STATE: NY ZIP: 10039 0000 FOREIGN COUNTRY: POSTAL CODE: E-MAIL : CLFFLANGE@GMAIL.COM PHONE: OTH NAMES USD: ETHNICITY: B GENDER: M HISP/LATINO?: (Y/N/U) TITLE CUR EMP: _ DATE CODE: _ MIL: _ RELIGIOUS: _ ( /Y) HANDICAPPED CLAIMED: _ VETERAN'S CREDIT CLAIMED: _ ( /V/D) LEGACY: PARENT: _ ( /P) SIBLING: _ ( /S) FEE RECEIVED:$ 82.00_ METHOD OF PAYMENT: C (C/F/M/V/W/X) NO. CHECKS : _ MULT FEE IND: ( /M/X) APPLIC DATE: 12/24/18 (MMDDYYYY) MAIL PROCESSOR: RUNNING TOTAL: Profile id: Affirm Ind: _ EETP Ind: _ Foreign Ind: _ ( /Y) ENTERED BY: CHANGED BY: PFl-MAIN MENU PF2-PREV PF6-COMMENTS . . . . . FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023 Exhibit B FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023 New York City Transit Notice of Examination Structure Maintainer - D ((Sheet Group Metal)) Exam No. 9611 Application Deadline: Type of Test: December 24, 2018 Practical Skills Application Fee: Test Date: (subject to change) $82.00 Starting on Monday, April 8, 2019 JOB DESCRIPTION Structure Maintainers - general supervision, D, under perform sheet metal work in subway, Group surface and elevated including stations, enclosures structures, and related buildings; install, maintain and repair roofs, skylights, ducts, leaders and gutlers, drip pans, fireproof doors, stovepipes and receptacles; fabricate sheet metal, plastic and fiberglass parts and devices needed for such work; perform other structural work as necessary, including incidental painting; load, unload and drive trucks and vans; keep records; and perform related work. - Sarne of the physicalactivities performed by Structure Maintainers Group D and environmentai conditions they experience are: working outdoors in all weather conditions, walking along subway tracks, stepping over rails (including live third rails), and climbing and walking on elevated structures and along trackwalks and catwalks in dimly lit areas; climbing and working on roofs, ladders, ramps and scaffolding; lifting and carrying heavy tools and equipment; bending and stooping in confined spaces; using hand tools and heavy-duty power tools; reading prints and drawings; distinguishing colored light signals; judging distances of lights in tunnels; and hearing warnings (bells, whistles and vocal) and responding to Ihe sounds of oncoming trains. Special Working Conditions: Structure Maintainers -Group D may be required to work various shifts including nights, Saturdays, Sundays and holidays. (This brief description does not include all of the duties of this position.) READ CAREFULLY AND SAVE FOR FUTURE REFERENCE FHing Opened: December 5, 2018 FILED: NEW YORK COUNTY CLERK 12/30/2023 12:05 AM INDEX NO. 150020/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/30/2023 . m Structure Maintainer - D, Exam No. 9611 Page 2 of 6 Group SALARY AND BENEFITS The current minimum - per hour for a 40-hour salary for Structure Maintainer Group D is 530.8124 work week increasing to $36.2499 per hour in the sixth year of service. This rate is subject to change. The benefits of this position include, but are not limited lo, night and weekend salary differentials, paid holidays, vacation and sick leave, a comprehensive medical plan and a pension plan. HOW TO QUALIFY Education and Experience Requirements: By the last day of the Application Period, you must meet the following requirements: 1. Four years of full-time experience at the journey level (i.e. fully-trained as a sheet metal worker proficient, knowledgeable, experienced, competent) in fabricating and sheet metal products from blueprints using sheet metal machinery and shop tools. For the above journey-level experience to be credited, it must be preceded by one of the following: A. Two years of full-time experience as a helper, apprentice or trainee performing or assisting in the work described above, or B. Graduation from a vocational high school with a major course of study in sheet metal work or a closely related field; or C. Graduation from a trade school or technical school approved by a state's Department of Education or recognized accrediting organization, with a major course of study in sheet metal work or a closely related field totaling 600 hours; or D. An Associate degree or higher in sheet metal work, or a closely related field, from an accredited college or university; or 2. Satisfactory completion of a four-year, full-time apprenticeship in the sheet metal trade recognized by the New York State Department of Labor, the U.S. Department of Labor or any state apprenticeship council which is recognized by the U.S. Department of Labor. Vocational high school, technical school or trade school education must be approved by a State's Department of Education or a recognized accredating organization. The college or university must be accredited by regional, national, professional or specialized agencies recognized as accrediting bodies by the U.S. Secretary of Education, and by the Council for Higher Education Accreditation (CHEA). You are responsible for determining whether you meet the qualification requirements for this examination prior to submitting the Application. You may be given the test before we determine if you Qualified," meet the qualification requirements. If you are marked "Not your Apphcanon fee will get be refunded and you will agt receive a score. REQUIREMENTS TO BE APPOINTED Driver License Requirement: At the time of appointment, you must have a motor vehicle driver license valid in the State of New York with no disqualifying restrictions that would preclude the performance of the duties of this title. 15you have serious moving violations, a license suspension or an accident record, you may be disqualified. This license must be maintained for the duration of your employment in the litle. (Continued) READ CAREFULLY AND SAVE FOR FUTURE REFERENCE