Preview
FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024
G Guercio --
Anthony J. Fasano
& Guercio a
AT T OR N E YS AT L AW 77 Conklin Street
Farmingdale, NewYork 11735
(516) 694-3000 x427
May 28, 2024
VIA OVERNIGHT
MAIL
FOIL APPEALSOFFICER
COUNTYOFNASSAU
OFFICE OF THECOUNTY
ATTORNEY
Ralph G. Caso Executive and Legislative Building
One West Street
Mineola, NewYork 11501-4820
Re: FOIL Reference Number: 344548
To whomit may concern:
Please allow this correspondence to serve as an appeal relating to your May 28, 2024, response
(copy enclosed).
Your response denies the request in part, claiming that records are purportedly
by protected
the inter/intra agency exemption. Please note exemption does not protect "statistical
this or factual
NewsdayLLC v. Nassau County Police Department, 222 AD3d 85,
data"
tabulations or fromdisclosure (see
information"
95-96 [2d Dept 2023]). Stated differently, any "objective contained in the requested
records must be disclosed, whether in whole or in redacted Nassau County, 219 AD3d
form (Eckel v.
1426, 1428 [2d Dept 2023]). Even when such objective information is utilized to support an opinion,
a disclosure is still required (see, e.g., \Veinstock v. New York State Urban Development Corp., 81 Misc3d 977,
989 [Sup Ct, NewYork County 2023] ["Moreover, the analysis or other use of projected, estimated,
or recommendedfactual tabulations or data to support an opinion, an idea, or advice does not convert
exemption'
the facts and data themselves 'into an expression of opinion subject to a FOIL or into
other creative thought."]). Here, although you have acknowledged that responsive records exist, you
have withheld these records in their entirety. At the least, redactions should have been undertaken and
a partial disclosure done.
For example, category #1 sought the entire case file relating to Mr. DarConte. As you know,
determinations"
the inter/intra-agency exemption does not protect "final agency policy or (Pub. Off.
Law § 87[2][g][iii]). The letter issued by the Commission specifically notes they had made a prior
determination and, yet, there was no disclosure.
Westchester Long Island Capital Region
777 Westchester Avenue, Suite 101 77 Conklin Street 24 Century Hill Drive, Suite 101
White Plains, NY10604 Farmingdale, NY11735 Latham, NY12110
(914) 303-9500 (516) 694-3000 (518) 690-7000
www.guerciolaw.com
FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024
Page 2 May 28, 2024
Category #2 sought communication issued to either the Farmingdale Union Free School
District or Mr. DarConte. The undersigned apprised you that an authorization was available.
Moreover, the undersigned is counsel to the District and, as such, it is curious how you are raising the
inter-agency exemption in such a fashion, effectively arguing that a party to the communication cannot
receive the communication.
Category #3 sought all complaints received by the Commission on this point. Presumably, a
complaint would have been received from an individual and, thus, the inter/intra-agency exemption
would not be applicable. To the extent the complaint was received by anyone within the District,
again, the inter-agency exemption is not properly raised.
Category #5 seeks the investigation
specifically report, which would have had factual findings
as to Mr. DarConte's claimed residency by the Commission. Such information is clearly "objective
information"
and should have been disclosed, at least in redacted part. Furthermore, it would appear
that this is a final agency determination and, thus, would be disclosable (Pub. Off. Law § 87[2][g][iii]).
Your response also failed to itemize the denial as to each specific category. As you know, the
Commission required to provide
is a "particularized and specific justification for denying access . . . in
request" AD3d
response to each enumerated FOIL (Edmondv. Sufolk County, 197 1297, 1299 [2d Dept
2021]).
There was also no certification provided that the records produced are correct, as was
requested in the original FOIL request. To the extent there are no records responsive to a specific
category of the request, a certification should also be provided to that effect.
It is our intention to commence an Article in the event the records are not produced.
78 We
hope you review this correspondence with legal counsel and properly and timely disclose the sought-
after records.
Very truly ours
AN O J. FASANO
AJF/sap
Enc.
c: Matthew Weinick
Famighetti & Weinick, PLLC
25 Melville Park Road, Suite 235
Melville, NewYork 11747
(Via Regular Mail)
FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024
EDWARD
P MANGANO.
ANNOUNCEMENT
County Executive COMMISSIONERS
KARLKAMPE.Executive Director "
3 JOHNJ. SENKO,JR.. Chairman
ALANM. PARENTE.Commissioner
GARYL. ACKERMAN.Commissioner
NASSAUCOUNTYCIVIL SERVICECOMMISSION
40 MAIN STREETHEMPSTEAD. NEWYORK11550
FERSONNEL
CHOSEN FORMERITANDFITNESS WITHOUTREGARD TORACE.RELIGION, SEX, AGE.
NON-MERITFACTOR
NATIONALORIGIN. DISABILITY, MARITALSTATUS.ORANYOTHER
EXAMTYPE: Open Competitive
.JOB TITLE: SUPERVISOR
MAINTENANCE II
EXAM#: 66-596
EXAMDATE: September 9, 2017
FEE: $40.00
DATE ISSUED: 07/06/17
APPLICATIONS 07/26/17
ACCEPTEDTO:
SALARY & OTHERINFORMATION:
ANNOUNCED FOR:
NASSAr COUNTYSCHQÇLDISTRICTS ANDBOARDQF CQQPERATIVEEDUCATIONAL
SERVICES
SALARY: Varies: Wantagh: $70,000 - $80,000.
DUTIES:
Plans, directs, assigns, and evaluates the work of the maintenance staff in a large school district;
performs related duties as required.
MINIMUMQUALIFICATIONS:
Must be met on or before the date of the written test:
Completion of eighth grade education
and
Eight years of satisfactory experience in large-scale building operation and maintenance work,
including two years in a supervisory capacity.
for the non-supervisory experience in large-scale
NOTE: 1. High school education may be substituted
operation and maintenance work, as outlined above, on a year-for-year basis, up to a
building
maximum of four years.
construction trade may be substituted for the non-supervisory experience in
2. Experience in a skilled
large-scale operation and maintenance work, on the basis of two years equals one year.
building
NOTE: Experience in the title CUSTODIAN under the jurisdiction of Nassau County Civil Service
Commission will NOTqualify. New York State Civil Service Law prohibits out of title work as qualifying
experience.
FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024
NOTE: SEE ITEMS NOS. 1 AND2 OF GENERALINFORMATION.
SUPPLEMENTALINFORMATION/SUBJECTOF EXAMINATION/GENERAL
INFORMATION:
HOWTO APPLY: The advantages of
ONLINEAPPLICATIONS are available at www.nassaucivilservice.com filing
include the storage of sut5mitted applications in your personal user account and
electronically
application processing fee payment by credit/debit card.
our Examination Announcements webpage includes a link entitled Job Descriptions
Additionally,
to view class specifications and fill out a form
and Job Interest Cards, which offers the opportunity
for a particular
notification when an open competitive examination
so that you may receive an email
title is announced in the future.
at 40 Main Street, 2nd Floor, Hempstead, NY
HARDCOPYAPPLICATIONSare available in our office
thru Friday. To receive a hard copy application by
during the hours of 9:00 AM to 4:45 PM, Monday 9"
x 4" which we must receive at least
envelope,
mail, forward to us a stamped (70¢),
self-addressed
five days before the filing deadline (write Exam No. and title on the back flap).
RESIDENCY: SEE ITEM No. 5 OF GENERALINFORMATION.
NOTE: RESIDENTS OF FARMINGDALE UFSDNO. 22 WHOLIVE IN SUFFOLKCOUN-ly MAYPARTICIPATE
BUTWILL BE ELIGIBLE FORAPPOINTMENTONLYIN THATSCHOOLDISTRICT.
IN THIS EXAMINATION
F.EE: NON-REFUNDABLE
Processing Fee must be submitted for each separately numbered
for which you apply. For online applications, this fee must be paid by credit or debit
examination
card.
For hard bank check or money order (include examination number(s)
copy applications, a certified )
NOCASH OR
MADEPAYABLETO NASSAUCOUNTYmust b_e subrn_itted w(t1Lyour_a_pplication.
PERSONALCHECKSWILL BE ACCEPTED. ANNOUNCEMENT TO ENSURE
CAREFULLYREVIEWTHE MINIMUMQUALIFICATIONS ON THIS
PROCESSING
THATYOUMEETTHEM, AS THIS IS A NON-REFUNDABLE
FEE. Applications
submitted proper payment will be rejected without review.
without
unemployed and
APPLICATION FEE WAIVER: A waiver of application fee will be allowed if you are fee will be
household. In a waiver of application
primarily responsible for the support of a addition,
or receiving Supplemental Security Income
allowed are determined eligible
if you for Medicaid,
Assistance for Needy Families/Family Assistance or Safety
payments, or Public Assistance (Temporary Investment Act eligible through
Job Training Partnership Act/Workforce
Net Assistance) or are certified subject to
for application fee waiver are
a State or local social service agency. All claims requested in
for application fee waiver, may be
If you can verify
it
verification. eligibility
the following ways:
fee, choose the Fee
ONLINE APPLICATION: When prompted to submit the application processing fee waiver
Waiver option. Follow the directions regarding downloading and submitting
the required
form.
HARDCOPYAPPLICATION: "Request for Application Fee Waiver and
Complete a
Certification" form (available in our office) and submit it with your application by the close of
Deadline as listed on the Examination Announcement.
business on the Application
need of
Disabled and
SPECIAL TEST ACCOMMODATIONS:
If you
in
are either Physically
need of an alternate examination date due to a conflict
reasonable test accommodations, and/or are in "yes"
with either a Religious Observance or Military
Service Commitment, please answer to the
appropriate question(s) in the application.
ADDITIONALCREDITS FOR
NOTE: SEE ITEM NO. 6 OF GENERALINFORMATIONREGARDING OFFICERS WHOQUALIFY
FIREFIGHTERS/POLICE
VETERANS,AND FORCHILDREN/SIBLINGS OF FORSUCH
UNDERSECTIONS85A/85B OF CIVIL SERVICE LAW. IF YOUBELIEVE YOUQUALIFY
"YES" TO THE APPLICABLEQUESTION(S) IN THE APPLICATION.
CREDITS, ANSWER
FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024
VACANCIES: SEE ITEM NO. 4 OF GENERAL INFORMATIONFORINFORMATIONREGARDING
VACANCIESANDBACKGROUND CHECKREQUIREMENTS FORAPPOINTMENT TO CERTAIN POSITIONS.
NOTE: More than two no-responses to canvass letters will result in the removal of a
candidate from the eligible list.
HELDON THIS DATE MAYNOTEXCEEDEIGHT HOURS.
TOTALTIME ALLOWEDFOREXAMINATIONS
SUB.JECT OF EXAMINATION: A written test designed to evaluate knowledge, skills and /or abilities
in the following areas:
1. Building maintenance and repair
- These questions test for knowledge of the basic principles,
practices and techniques essential to the proper maintenance and repair of various types of buildings,
including such areas as building maintenance, preventive maintenance, and minor repair of building
structures, electrical, and plumbing systems. This may include maintenance and repair of roofs,
windows, walls, floors, millwork, insulation, masonry, pipes and valves, electrical wiring and switches,
and painting. Questions may also include topics such as the proper tools and materials used in building
maintenance and repair work as well as proper and safe practices and techniques when using these
tools and materials.
test for knowledge of
trades, including mechanical and electrical
- These questions
2. Building
the principles and practices involved in overseeing physical plant facilities and may include such areas
as maintenance and repair activities involving carpentry, electrical systems, plumbing and sanitary
systems, heating and ventilating systems, painting, masonry work, roofing, and similar types of
physical plant maintenance and upkeep.
3. Review and interpretation of plans and specifications, and the preparation of estimates -
These questions test for the ability to read and understand typical building plans, layouts, and
technical specifications; and for the ability to calculate accurate estimates of material and labor costs.
4. Operation and maintenance of heating, ventilating and air conditioning systems - These
questions test for knowledge of basic principles, practices and techniques essential to the correct
and air conditioning systems, including such areas
operation and maintenance of heating, ventilating
as air supply and exhaust systems, circulating fan capacities, building ventilation requirements, steam,
the refrigeration cycle, types and
hot water, and hot air heating systems; boiler operation;
characteristics of refrigerants, troubleshooting air conditioning system problems, and proper
maintenance of air conditioning systems.
These questions for knowledge of the principles and practices employed in
5. Supervision test
-
of a work unit toward predetermined objectives. The
planning, organizing, and controlling the activities
concepts covered, usually in a situational question format, include such topics as assigning and
maintaining work standards; motivating and developing
reviewing work; evaluating performance; problems of
procedural change; increasing efficiency; and dealing with
subordinates; implementing
absenteeism, morale, and discipline.
Service has not prepared a test guide for this examination.
The New York State Department of Civil test"
However,candidates may find information in the publication "How to take a written helpful in
preparing for this test. This publication is available on line at:
www.cs.ny.gov/te_stingdo_catte_stguides.cfm
NOTE: Unless otherwise notified, candidates are permitted to use quiet, hand held, solar or battery
keyboards such as computers, spell-checkers, personal
powered calculators. Devices with typewriter
and any similar devices are
digital assistants, address books, language translators, dictionaries,
prohibited.
within three days of the examination date of September 9,
NOTE: If you have not received notice
2017, call the Commission (572-2713).
OF
IT ISTHE RESPONSIBILITY OF THE CANDIDATETO NOTIFY THIS COMMISSION,IN WRITING,
O RPHONE NUMBER: INDICATE
ANY CHANGEOF NAME,MAILING/LEGAL/EMAIL ADDRESS,
EXAMINATIONNUMBER AND TITLE, ANDYOURSOCIAL SECURITY NUMBER.
DISABLED VETERANS: Visit our homepage at www.nassaucivilservice.com to view information
a downloadable credit request form) on a recent
amendment to the New York Constitution
(including on service
credits for certain disabled veterans civil
regarding the award and use of additional
FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024
examinations. The credit request form is also available in our office at 40 Main St., Hempstead NY.
GENERALINFORMATION
1. APPLYING: Inquiries shouldto the Executive Director,
be directed Nassau County Civil Service
Commission. The Commission does not acknowledge receipt of hard copy applications, and does not
accept responsibility for non-delivery or postal delay. The Commission reserves the right to reject for
lateness or to accept applications filed after the advertised filing period.
of the
2. TRAINING ANDEXPERIENCE: The burden of establishing qualifications to the satisfaction
of meetjng the training and experience
Commission shall be upon the applicant. For-tjle_gurpose
requirement of any examination, no credits shall be qiven for any work experience which is determined
of the provisions of the Civil Service
by the Commission to have been qained or acquired in violation
La_w_.
Where and military separation papers (DD214) must be submitted with
required, certificates, licenses,
your application. Proof of claimed education, (copy of your high school diploma, Military, GED, New
be be submitted with the application,
York St.ate or comparable Equivalency Diploma) may required to
If education beyond high school is required, pfficial transcripts must be submittecJ directly to us by the
school
College education is considered at the rate of 30 credits completed per year.
paid experience, other than on a full time basis will be
For open competitive qualifications only, if
prorated.
the c×perience claimed
and must have been in a
Volunteer experience may be accepted if verifiable,
Documentation
program. signed by an official of the agency indicating hours per week,
structured
level of work, etc. must be provided.
for an academic degree/diploma, the interpretation of
Where additional experience may be substituted
the educational requirement for a Master's
the note, generally, is that for a full substitution, underlying
High School Diploma/High
degree must be a Bachelor's degree; for a Bachelor's degree, it must be a
completion of tenth or
School Equivalency Diploma; for a High School Diploma, it must be satisfactory
eighth grade education, as appropriate.
notice for admittance to the exarnination.
3, THE EXAMINATION: You must bring the official
when and where to appear for examination. If an application is
Approved candidates will be notified
rejected, the candidate will be notified.
CANDIDATESAPPLYINGFOREXAMINATIONSADMINISTEREDBY OTHER.1URISDICTIONS
WITHIN, ANDINCLUDINGr NEWYORKSTATE SHOULD
CONTACTTHIS OFFICE NO LESS THAN
TWOWEEKSBEFORETHE DATE OF THE WRITTENTEST AS IT OTHERWISE MAYNOTBE
POSSIBLE TO MAKEARRANGEMENTS. FAILURE TO PROVIDESUCHIN_FORMATION MAY
RESULTIN DISQUALIFICATION FROMONEORMORE EXAMINATIONS IN THE SERIES.
Candidates may be fingerprinted at the time of the examination and subsequent thereto, as required.
Total time allowed for examinations held on a particular date may not exceed eight hours.
Alternate examination date requests must be made to this Commission as soon as the
conflict/problem arises; documentation is required, and will be reviewed against established criteria.
verification from a professional health care provider is required.
In the event of illness, written
date that examinations can be administered is no later than the Friday
Generally, the alternate
following the original test date.
The Commission reserves the right,
announcement is issued, to subdivide the examination
after this
in order that a candidate be
and/or require a specific passing mark in one or more of such subdivisions
Notice of such arrangement will be given in the examination
considered further for eligibility.
instructions.
or
A record of disrespect for the requirements and processes of iaw, including repeated traffic offenses
is grounds for disqualification for examination, or after
disregard of summonses for traffic offenses,
examination, for certification and appointment.
of Civil Service will be in
Examinations prepared and rated by the New York State Department
accordance with Section 23-2 of the Civil Service Law.
a
FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024
Examinations prepared and rated by the Nassau County Civil Service Commission will be in accordance
with the rules and regulations of this Commission.
4. ELIGIBLE LISTS, PLACEMENT,ANDADDITIONALREQUIREMENTS FORAPPOINTMENTTO
CERTAIN POSITIONS:
Vacancies: Eligible lists resulting from examinations may be limited to a sufficient number of passing
candidates tofill vacancies. Additional candidates may be processed for certification from the lists as
the need arises.
Eligible lists remain in force for one year, and may be extended by the Commission not to exceed four
years.
Candidates must be psychologically and physically fit to perform the duties required for the position.
Medical or psychological examination may be required.
When there is a need for employees to fill vacancies on a part time basis the eligible list may be
canvassed for that purpose.
Changing conditions occasionally result in certification and offers of employment at higher or lower
salaries than those announced.
Speciai Requirement for Appointment to CERTAIN positions in School Districts and Boces:
Per Chapter 180 of the Laws of 2000, and by Regulations of the Commissioner of Education, to be
employed in a position designated by a school district or BOCES as involving direct contact
with students, a clearance for employment from the State Education Department is reauired. If you
are considered for such a position, you will be instructed at the appropriate time as to vour
responsibilities in this clearance process (if fingerprinting is required, there may be an
additional fee which you may be responsible for).
FINGERPRINTINGREQUIREMENT FORAPPOINTMENTTO CERTAIN POSITIONS: In compliance
with various laws, appointment to certain positions may require candidates to undergo a fingerprint
check for the purpose of a criminal history record check. If you are considered for such a
you will be instructed at the appropriate time as to where/when such fingerprinting will take
position,
place (you may be responsible for paying applicable fingerprinting fees).
5. RESIDENCY: To fulfill the standard residency requirements, each candidate for open competitive
examination must have been a bona fide resident and dweller of Nassau County for at least one
year immediately preceding the advertised date of examination and maintain that residency
until appointed from the eligible list established as a result of the examination, Preference in
appointment may be given to successful candidates who are legal residents and dwellers of the
municipalities may, by virtue of local law, establish special
appointing municipality. Appointing
residency requirements.
6. ADDITIONAL CREDITS: VETERAN'S CREDITS: A veteran may be granted additional credits to
be added to a passing score of an examination, as follows:
Non Disabled Vet: Open Competitive Exam: 5 points; Promotion Exam: 2.5 points
Disabled Vet: Open Competitive Exam: 10 points; Promotion Exam: 5 points
duty for purposes other than training; served during
The veteran must have: served on full-timeactive
been honorably discharged or released under honorable circumstances. In addition,
"wartime";
allows members of the USArmed Forces who are on
beginning January 1, 1998, the NYSConstitution
War Time Veterans credits on civil service examinations. Refer to
active duty the right to request extra
the official application for specific dates and other requirements. Veteran's credit may be requested for
veteran
each examination until actually used, for appointmentfrom a list. Credits may be used (the
was permanently appointed or promoted as a result of receiving the additional credits) o_nce, with the
following exception:
If non-disabled veterans credits have previously been used to obtain an appointment or promotion,for
eligible lists established after January 1, 2014, disabled veterans may be entitled to additional
credits on a civil service examination if they have used non-disabled veterans credits to obtain an
appointment or promotion with New York State or a local government, and subsequent to such use,
States Department of Veterans Affairs ("VA"; formerly
they have been determined by the United as defined in
known as the United States Veterans Administration) to be a qualified disabled veteran,
veteran shall be entitled to apply for
the New York State Civil Service Law. In such cases, the disabled
competitive and promotion examinations, minus
and use 10 credits on New York State and local open
used. The additional credits can only be
the number of non-disabled credits he or she has previously
used once.
FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024
SECTIONS 85-A & 85-B: In conformance with sections 85-a and
85-b Service Law, (85-a) children
of the Civil of firefighters and police officers killed in the line of
duty and (85-b) siblings of firefighters and police officers having died in the performance of duty
as a natural and proximate result of either the World Trade Center attack on September 11, 2001 or in
the subsequent rescue effort, shall be entitled to receive an additional ten points in a competitive
examination for original appointment in the same municipality In which his or her parent/sibling has
served. If you are qualified to participate in this examination and meet one of the above criteria,
please answer
"yes"
to the appropriate question in your application for examination. A candidate
such credit has a minimum Of two months from the application deadline to provide the
claiming
necessary documentation to verify additional credit eligibility. However, no credit may be added after
the eligible list has been established. The text of these sections of law is available at our public counter
at 40 Main Street, Hempstead, NY, as well as On our web site at www.nassaucivilservice.com
HIGHLYRECOMMENDED
TT IS THAT YOUFILE YOURAPPLICATIONONLINE. IF YOUARE UNABLETO DO SO, HARDCOPYAPPLICATIONs
ARE AVAILABLEAT OUROFFICEBETWEEN THE HOURSOF 9:00 AMAND4:45 PM, MONDAY THROUGH FRIDAY.
Position #66-596
APPLICATIONsMAYBE FILED ONLINEAT:
amenUnbS10 3/0aSSautquD1yaydefau]Lctro MAINTENANCEsUPERVISORII
http:/Jagency,gnve
MD
Mail to: Nassau County Civil service Commission
40 Main street
Hempstead, NY 11s50
(516) s72-1882
FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024
MAINTENANCE
SUPERVISORII Supplemental Questionnaire
* 1. When giving a job description include: Name of employer, Job
Title, Duties performed by you, Start
and End Date (Month/Year), Hours worked per week. *Include all relevant experience. Additional
experience may not be accepted after the application is reviewed. *Give the average hours worked
per week. Example 40 hours worked per week. Do not give a range of hours worked per week.
Example 20-30 hours worked per week. You will only receive credit for the lowest amount given,
*Part-time experience is prorated *Give the month and year of your start and end dates worked. If
partial dates are submitted, you will receive credit for the least amount of time. *If you had more
than one title at same employer, list as separate employment. *Proof of claimed self-employment
experience is required. Company bills, letterheads, corporation papers, etc. NOTE: Submission of a
resume does not relieve you of the responsibility for completing all sections of the official
application. The resume is a supplement to the application, and not a substitute for it.
J I understand I must submit all relevant experience information
* 2. Note: Experience in the CUSTODIAN(or below) under the jurisdiction
title of Nassau County Civil
Service Commission will NOTqualify. New York State Civil Service Law prohibits out of title work as
qualifying experience.
J understand experience in the title
I CUSTODIANunder the jurisdiction of Nassau County Civil
Service Commission will NOTqualify,
* 3. Des
Preview
FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024 G Guercio -- Anthony J. Fasano & Guercio a AT T OR N E YS AT L AW 77 Conklin Street Farmingdale, NewYork 11735 (516) 694-3000 x427 May 28, 2024 VIA OVERNIGHT MAIL FOIL APPEALSOFFICER COUNTYOFNASSAU OFFICE OF THECOUNTY ATTORNEY Ralph G. Caso Executive and Legislative Building One West Street Mineola, NewYork 11501-4820 Re: FOIL Reference Number: 344548 To whomit may concern: Please allow this correspondence to serve as an appeal relating to your May 28, 2024, response (copy enclosed). Your response denies the request in part, claiming that records are purportedly by protected the inter/intra agency exemption. Please note exemption does not protect "statistical this or factual NewsdayLLC v. Nassau County Police Department, 222 AD3d 85, data" tabulations or fromdisclosure (see information" 95-96 [2d Dept 2023]). Stated differently, any "objective contained in the requested records must be disclosed, whether in whole or in redacted Nassau County, 219 AD3d form (Eckel v. 1426, 1428 [2d Dept 2023]). Even when such objective information is utilized to support an opinion, a disclosure is still required (see, e.g., \Veinstock v. New York State Urban Development Corp., 81 Misc3d 977, 989 [Sup Ct, NewYork County 2023] ["Moreover, the analysis or other use of projected, estimated, or recommendedfactual tabulations or data to support an opinion, an idea, or advice does not convert exemption' the facts and data themselves 'into an expression of opinion subject to a FOIL or into other creative thought."]). Here, although you have acknowledged that responsive records exist, you have withheld these records in their entirety. At the least, redactions should have been undertaken and a partial disclosure done. For example, category #1 sought the entire case file relating to Mr. DarConte. As you know, determinations" the inter/intra-agency exemption does not protect "final agency policy or (Pub. Off. Law § 87[2][g][iii]). The letter issued by the Commission specifically notes they had made a prior determination and, yet, there was no disclosure. Westchester Long Island Capital Region 777 Westchester Avenue, Suite 101 77 Conklin Street 24 Century Hill Drive, Suite 101 White Plains, NY10604 Farmingdale, NY11735 Latham, NY12110 (914) 303-9500 (516) 694-3000 (518) 690-7000 www.guerciolaw.com FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024 Page 2 May 28, 2024 Category #2 sought communication issued to either the Farmingdale Union Free School District or Mr. DarConte. The undersigned apprised you that an authorization was available. Moreover, the undersigned is counsel to the District and, as such, it is curious how you are raising the inter-agency exemption in such a fashion, effectively arguing that a party to the communication cannot receive the communication. Category #3 sought all complaints received by the Commission on this point. Presumably, a complaint would have been received from an individual and, thus, the inter/intra-agency exemption would not be applicable. To the extent the complaint was received by anyone within the District, again, the inter-agency exemption is not properly raised. Category #5 seeks the investigation specifically report, which would have had factual findings as to Mr. DarConte's claimed residency by the Commission. Such information is clearly "objective information" and should have been disclosed, at least in redacted part. Furthermore, it would appear that this is a final agency determination and, thus, would be disclosable (Pub. Off. Law § 87[2][g][iii]). Your response also failed to itemize the denial as to each specific category. As you know, the Commission required to provide is a "particularized and specific justification for denying access . . . in request" AD3d response to each enumerated FOIL (Edmondv. Sufolk County, 197 1297, 1299 [2d Dept 2021]). There was also no certification provided that the records produced are correct, as was requested in the original FOIL request. To the extent there are no records responsive to a specific category of the request, a certification should also be provided to that effect. It is our intention to commence an Article in the event the records are not produced. 78 We hope you review this correspondence with legal counsel and properly and timely disclose the sought- after records. Very truly ours AN O J. FASANO AJF/sap Enc. c: Matthew Weinick Famighetti & Weinick, PLLC 25 Melville Park Road, Suite 235 Melville, NewYork 11747 (Via Regular Mail) FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024 EDWARD P MANGANO. ANNOUNCEMENT County Executive COMMISSIONERS KARLKAMPE.Executive Director " 3 JOHNJ. SENKO,JR.. Chairman ALANM. PARENTE.Commissioner GARYL. ACKERMAN.Commissioner NASSAUCOUNTYCIVIL SERVICECOMMISSION 40 MAIN STREETHEMPSTEAD. NEWYORK11550 FERSONNEL CHOSEN FORMERITANDFITNESS WITHOUTREGARD TORACE.RELIGION, SEX, AGE. NON-MERITFACTOR NATIONALORIGIN. DISABILITY, MARITALSTATUS.ORANYOTHER EXAMTYPE: Open Competitive .JOB TITLE: SUPERVISOR MAINTENANCE II EXAM#: 66-596 EXAMDATE: September 9, 2017 FEE: $40.00 DATE ISSUED: 07/06/17 APPLICATIONS 07/26/17 ACCEPTEDTO: SALARY & OTHERINFORMATION: ANNOUNCED FOR: NASSAr COUNTYSCHQÇLDISTRICTS ANDBOARDQF CQQPERATIVEEDUCATIONAL SERVICES SALARY: Varies: Wantagh: $70,000 - $80,000. DUTIES: Plans, directs, assigns, and evaluates the work of the maintenance staff in a large school district; performs related duties as required. MINIMUMQUALIFICATIONS: Must be met on or before the date of the written test: Completion of eighth grade education and Eight years of satisfactory experience in large-scale building operation and maintenance work, including two years in a supervisory capacity. for the non-supervisory experience in large-scale NOTE: 1. High school education may be substituted operation and maintenance work, as outlined above, on a year-for-year basis, up to a building maximum of four years. construction trade may be substituted for the non-supervisory experience in 2. Experience in a skilled large-scale operation and maintenance work, on the basis of two years equals one year. building NOTE: Experience in the title CUSTODIAN under the jurisdiction of Nassau County Civil Service Commission will NOTqualify. New York State Civil Service Law prohibits out of title work as qualifying experience. FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024 NOTE: SEE ITEMS NOS. 1 AND2 OF GENERALINFORMATION. SUPPLEMENTALINFORMATION/SUBJECTOF EXAMINATION/GENERAL INFORMATION: HOWTO APPLY: The advantages of ONLINEAPPLICATIONS are available at www.nassaucivilservice.com filing include the storage of sut5mitted applications in your personal user account and electronically application processing fee payment by credit/debit card. our Examination Announcements webpage includes a link entitled Job Descriptions Additionally, to view class specifications and fill out a form and Job Interest Cards, which offers the opportunity for a particular notification when an open competitive examination so that you may receive an email title is announced in the future. at 40 Main Street, 2nd Floor, Hempstead, NY HARDCOPYAPPLICATIONSare available in our office thru Friday. To receive a hard copy application by during the hours of 9:00 AM to 4:45 PM, Monday 9" x 4" which we must receive at least envelope, mail, forward to us a stamped (70¢), self-addressed five days before the filing deadline (write Exam No. and title on the back flap). RESIDENCY: SEE ITEM No. 5 OF GENERALINFORMATION. NOTE: RESIDENTS OF FARMINGDALE UFSDNO. 22 WHOLIVE IN SUFFOLKCOUN-ly MAYPARTICIPATE BUTWILL BE ELIGIBLE FORAPPOINTMENTONLYIN THATSCHOOLDISTRICT. IN THIS EXAMINATION F.EE: NON-REFUNDABLE Processing Fee must be submitted for each separately numbered for which you apply. For online applications, this fee must be paid by credit or debit examination card. For hard bank check or money order (include examination number(s) copy applications, a certified ) NOCASH OR MADEPAYABLETO NASSAUCOUNTYmust b_e subrn_itted w(t1Lyour_a_pplication. PERSONALCHECKSWILL BE ACCEPTED. ANNOUNCEMENT TO ENSURE CAREFULLYREVIEWTHE MINIMUMQUALIFICATIONS ON THIS PROCESSING THATYOUMEETTHEM, AS THIS IS A NON-REFUNDABLE FEE. Applications submitted proper payment will be rejected without review. without unemployed and APPLICATION FEE WAIVER: A waiver of application fee will be allowed if you are fee will be household. In a waiver of application primarily responsible for the support of a addition, or receiving Supplemental Security Income allowed are determined eligible if you for Medicaid, Assistance for Needy Families/Family Assistance or Safety payments, or Public Assistance (Temporary Investment Act eligible through Job Training Partnership Act/Workforce Net Assistance) or are certified subject to for application fee waiver are a State or local social service agency. All claims requested in for application fee waiver, may be If you can verify it verification. eligibility the following ways: fee, choose the Fee ONLINE APPLICATION: When prompted to submit the application processing fee waiver Waiver option. Follow the directions regarding downloading and submitting the required form. HARDCOPYAPPLICATION: "Request for Application Fee Waiver and Complete a Certification" form (available in our office) and submit it with your application by the close of Deadline as listed on the Examination Announcement. business on the Application need of Disabled and SPECIAL TEST ACCOMMODATIONS: If you in are either Physically need of an alternate examination date due to a conflict reasonable test accommodations, and/or are in "yes" with either a Religious Observance or Military Service Commitment, please answer to the appropriate question(s) in the application. ADDITIONALCREDITS FOR NOTE: SEE ITEM NO. 6 OF GENERALINFORMATIONREGARDING OFFICERS WHOQUALIFY FIREFIGHTERS/POLICE VETERANS,AND FORCHILDREN/SIBLINGS OF FORSUCH UNDERSECTIONS85A/85B OF CIVIL SERVICE LAW. IF YOUBELIEVE YOUQUALIFY "YES" TO THE APPLICABLEQUESTION(S) IN THE APPLICATION. CREDITS, ANSWER FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024 VACANCIES: SEE ITEM NO. 4 OF GENERAL INFORMATIONFORINFORMATIONREGARDING VACANCIESANDBACKGROUND CHECKREQUIREMENTS FORAPPOINTMENT TO CERTAIN POSITIONS. NOTE: More than two no-responses to canvass letters will result in the removal of a candidate from the eligible list. HELDON THIS DATE MAYNOTEXCEEDEIGHT HOURS. TOTALTIME ALLOWEDFOREXAMINATIONS SUB.JECT OF EXAMINATION: A written test designed to evaluate knowledge, skills and /or abilities in the following areas: 1. Building maintenance and repair - These questions test for knowledge of the basic principles, practices and techniques essential to the proper maintenance and repair of various types of buildings, including such areas as building maintenance, preventive maintenance, and minor repair of building structures, electrical, and plumbing systems. This may include maintenance and repair of roofs, windows, walls, floors, millwork, insulation, masonry, pipes and valves, electrical wiring and switches, and painting. Questions may also include topics such as the proper tools and materials used in building maintenance and repair work as well as proper and safe practices and techniques when using these tools and materials. test for knowledge of trades, including mechanical and electrical - These questions 2. Building the principles and practices involved in overseeing physical plant facilities and may include such areas as maintenance and repair activities involving carpentry, electrical systems, plumbing and sanitary systems, heating and ventilating systems, painting, masonry work, roofing, and similar types of physical plant maintenance and upkeep. 3. Review and interpretation of plans and specifications, and the preparation of estimates - These questions test for the ability to read and understand typical building plans, layouts, and technical specifications; and for the ability to calculate accurate estimates of material and labor costs. 4. Operation and maintenance of heating, ventilating and air conditioning systems - These questions test for knowledge of basic principles, practices and techniques essential to the correct and air conditioning systems, including such areas operation and maintenance of heating, ventilating as air supply and exhaust systems, circulating fan capacities, building ventilation requirements, steam, the refrigeration cycle, types and hot water, and hot air heating systems; boiler operation; characteristics of refrigerants, troubleshooting air conditioning system problems, and proper maintenance of air conditioning systems. These questions for knowledge of the principles and practices employed in 5. Supervision test - of a work unit toward predetermined objectives. The planning, organizing, and controlling the activities concepts covered, usually in a situational question format, include such topics as assigning and maintaining work standards; motivating and developing reviewing work; evaluating performance; problems of procedural change; increasing efficiency; and dealing with subordinates; implementing absenteeism, morale, and discipline. Service has not prepared a test guide for this examination. The New York State Department of Civil test" However,candidates may find information in the publication "How to take a written helpful in preparing for this test. This publication is available on line at: www.cs.ny.gov/te_stingdo_catte_stguides.cfm NOTE: Unless otherwise notified, candidates are permitted to use quiet, hand held, solar or battery keyboards such as computers, spell-checkers, personal powered calculators. Devices with typewriter and any similar devices are digital assistants, address books, language translators, dictionaries, prohibited. within three days of the examination date of September 9, NOTE: If you have not received notice 2017, call the Commission (572-2713). OF IT ISTHE RESPONSIBILITY OF THE CANDIDATETO NOTIFY THIS COMMISSION,IN WRITING, O RPHONE NUMBER: INDICATE ANY CHANGEOF NAME,MAILING/LEGAL/EMAIL ADDRESS, EXAMINATIONNUMBER AND TITLE, ANDYOURSOCIAL SECURITY NUMBER. DISABLED VETERANS: Visit our homepage at www.nassaucivilservice.com to view information a downloadable credit request form) on a recent amendment to the New York Constitution (including on service credits for certain disabled veterans civil regarding the award and use of additional FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024 examinations. The credit request form is also available in our office at 40 Main St., Hempstead NY. GENERALINFORMATION 1. APPLYING: Inquiries shouldto the Executive Director, be directed Nassau County Civil Service Commission. The Commission does not acknowledge receipt of hard copy applications, and does not accept responsibility for non-delivery or postal delay. The Commission reserves the right to reject for lateness or to accept applications filed after the advertised filing period. of the 2. TRAINING ANDEXPERIENCE: The burden of establishing qualifications to the satisfaction of meetjng the training and experience Commission shall be upon the applicant. For-tjle_gurpose requirement of any examination, no credits shall be qiven for any work experience which is determined of the provisions of the Civil Service by the Commission to have been qained or acquired in violation La_w_. Where and military separation papers (DD214) must be submitted with required, certificates, licenses, your application. Proof of claimed education, (copy of your high school diploma, Military, GED, New be be submitted with the application, York St.ate or comparable Equivalency Diploma) may required to If education beyond high school is required, pfficial transcripts must be submittecJ directly to us by the school College education is considered at the rate of 30 credits completed per year. paid experience, other than on a full time basis will be For open competitive qualifications only, if prorated. the c×perience claimed and must have been in a Volunteer experience may be accepted if verifiable, Documentation program. signed by an official of the agency indicating hours per week, structured level of work, etc. must be provided. for an academic degree/diploma, the interpretation of Where additional experience may be substituted the educational requirement for a Master's the note, generally, is that for a full substitution, underlying High School Diploma/High degree must be a Bachelor's degree; for a Bachelor's degree, it must be a completion of tenth or School Equivalency Diploma; for a High School Diploma, it must be satisfactory eighth grade education, as appropriate. notice for admittance to the exarnination. 3, THE EXAMINATION: You must bring the official when and where to appear for examination. If an application is Approved candidates will be notified rejected, the candidate will be notified. CANDIDATESAPPLYINGFOREXAMINATIONSADMINISTEREDBY OTHER.1URISDICTIONS WITHIN, ANDINCLUDINGr NEWYORKSTATE SHOULD CONTACTTHIS OFFICE NO LESS THAN TWOWEEKSBEFORETHE DATE OF THE WRITTENTEST AS IT OTHERWISE MAYNOTBE POSSIBLE TO MAKEARRANGEMENTS. FAILURE TO PROVIDESUCHIN_FORMATION MAY RESULTIN DISQUALIFICATION FROMONEORMORE EXAMINATIONS IN THE SERIES. Candidates may be fingerprinted at the time of the examination and subsequent thereto, as required. Total time allowed for examinations held on a particular date may not exceed eight hours. Alternate examination date requests must be made to this Commission as soon as the conflict/problem arises; documentation is required, and will be reviewed against established criteria. verification from a professional health care provider is required. In the event of illness, written date that examinations can be administered is no later than the Friday Generally, the alternate following the original test date. The Commission reserves the right, announcement is issued, to subdivide the examination after this in order that a candidate be and/or require a specific passing mark in one or more of such subdivisions Notice of such arrangement will be given in the examination considered further for eligibility. instructions. or A record of disrespect for the requirements and processes of iaw, including repeated traffic offenses is grounds for disqualification for examination, or after disregard of summonses for traffic offenses, examination, for certification and appointment. of Civil Service will be in Examinations prepared and rated by the New York State Department accordance with Section 23-2 of the Civil Service Law. a FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024 Examinations prepared and rated by the Nassau County Civil Service Commission will be in accordance with the rules and regulations of this Commission. 4. ELIGIBLE LISTS, PLACEMENT,ANDADDITIONALREQUIREMENTS FORAPPOINTMENTTO CERTAIN POSITIONS: Vacancies: Eligible lists resulting from examinations may be limited to a sufficient number of passing candidates tofill vacancies. Additional candidates may be processed for certification from the lists as the need arises. Eligible lists remain in force for one year, and may be extended by the Commission not to exceed four years. Candidates must be psychologically and physically fit to perform the duties required for the position. Medical or psychological examination may be required. When there is a need for employees to fill vacancies on a part time basis the eligible list may be canvassed for that purpose. Changing conditions occasionally result in certification and offers of employment at higher or lower salaries than those announced. Speciai Requirement for Appointment to CERTAIN positions in School Districts and Boces: Per Chapter 180 of the Laws of 2000, and by Regulations of the Commissioner of Education, to be employed in a position designated by a school district or BOCES as involving direct contact with students, a clearance for employment from the State Education Department is reauired. If you are considered for such a position, you will be instructed at the appropriate time as to vour responsibilities in this clearance process (if fingerprinting is required, there may be an additional fee which you may be responsible for). FINGERPRINTINGREQUIREMENT FORAPPOINTMENTTO CERTAIN POSITIONS: In compliance with various laws, appointment to certain positions may require candidates to undergo a fingerprint check for the purpose of a criminal history record check. If you are considered for such a you will be instructed at the appropriate time as to where/when such fingerprinting will take position, place (you may be responsible for paying applicable fingerprinting fees). 5. RESIDENCY: To fulfill the standard residency requirements, each candidate for open competitive examination must have been a bona fide resident and dweller of Nassau County for at least one year immediately preceding the advertised date of examination and maintain that residency until appointed from the eligible list established as a result of the examination, Preference in appointment may be given to successful candidates who are legal residents and dwellers of the municipalities may, by virtue of local law, establish special appointing municipality. Appointing residency requirements. 6. ADDITIONAL CREDITS: VETERAN'S CREDITS: A veteran may be granted additional credits to be added to a passing score of an examination, as follows: Non Disabled Vet: Open Competitive Exam: 5 points; Promotion Exam: 2.5 points Disabled Vet: Open Competitive Exam: 10 points; Promotion Exam: 5 points duty for purposes other than training; served during The veteran must have: served on full-timeactive been honorably discharged or released under honorable circumstances. In addition, "wartime"; allows members of the USArmed Forces who are on beginning January 1, 1998, the NYSConstitution War Time Veterans credits on civil service examinations. Refer to active duty the right to request extra the official application for specific dates and other requirements. Veteran's credit may be requested for veteran each examination until actually used, for appointmentfrom a list. Credits may be used (the was permanently appointed or promoted as a result of receiving the additional credits) o_nce, with the following exception: If non-disabled veterans credits have previously been used to obtain an appointment or promotion,for eligible lists established after January 1, 2014, disabled veterans may be entitled to additional credits on a civil service examination if they have used non-disabled veterans credits to obtain an appointment or promotion with New York State or a local government, and subsequent to such use, States Department of Veterans Affairs ("VA"; formerly they have been determined by the United as defined in known as the United States Veterans Administration) to be a qualified disabled veteran, veteran shall be entitled to apply for the New York State Civil Service Law. In such cases, the disabled competitive and promotion examinations, minus and use 10 credits on New York State and local open used. The additional credits can only be the number of non-disabled credits he or she has previously used once. FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024 SECTIONS 85-A & 85-B: In conformance with sections 85-a and 85-b Service Law, (85-a) children of the Civil of firefighters and police officers killed in the line of duty and (85-b) siblings of firefighters and police officers having died in the performance of duty as a natural and proximate result of either the World Trade Center attack on September 11, 2001 or in the subsequent rescue effort, shall be entitled to receive an additional ten points in a competitive examination for original appointment in the same municipality In which his or her parent/sibling has served. If you are qualified to participate in this examination and meet one of the above criteria, please answer "yes" to the appropriate question in your application for examination. A candidate such credit has a minimum Of two months from the application deadline to provide the claiming necessary documentation to verify additional credit eligibility. However, no credit may be added after the eligible list has been established. The text of these sections of law is available at our public counter at 40 Main Street, Hempstead, NY, as well as On our web site at www.nassaucivilservice.com HIGHLYRECOMMENDED TT IS THAT YOUFILE YOURAPPLICATIONONLINE. IF YOUARE UNABLETO DO SO, HARDCOPYAPPLICATIONs ARE AVAILABLEAT OUROFFICEBETWEEN THE HOURSOF 9:00 AMAND4:45 PM, MONDAY THROUGH FRIDAY. Position #66-596 APPLICATIONsMAYBE FILED ONLINEAT: amenUnbS10 3/0aSSautquD1yaydefau]Lctro MAINTENANCEsUPERVISORII http:/Jagency,gnve MD Mail to: Nassau County Civil service Commission 40 Main street Hempstead, NY 11s50 (516) s72-1882 FILED: NASSAU COUNTY CLERK 06/19/2024 06:27 PM INDEX NO. 610748/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/19/2024 MAINTENANCE SUPERVISORII Supplemental Questionnaire * 1. When giving a job description include: Name of employer, Job Title, Duties performed by you, Start and End Date (Month/Year), Hours worked per week. *Include all relevant experience. Additional experience may not be accepted after the application is reviewed. *Give the average hours worked per week. Example 40 hours worked per week. Do not give a range of hours worked per week. Example 20-30 hours worked per week. You will only receive credit for the lowest amount given, *Part-time experience is prorated *Give the month and year of your start and end dates worked. If partial dates are submitted, you will receive credit for the least amount of time. *If you had more than one title at same employer, list as separate employment. *Proof of claimed self-employment experience is required. Company bills, letterheads, corporation papers, etc. NOTE: Submission of a resume does not relieve you of the responsibility for completing all sections of the official application. The resume is a supplement to the application, and not a substitute for it. J I understand I must submit all relevant experience information * 2. Note: Experience in the CUSTODIAN(or below) under the jurisdiction title of Nassau County Civil Service Commission will NOTqualify. New York State Civil Service Law prohibits out of title work as qualifying experience. J understand experience in the title I CUSTODIANunder the jurisdiction of Nassau County Civil Service Commission will NOTqualify, * 3. Des