Affidavit of Paul P. Brennan. 61 80 Clarkson Avenue, Brooklyn, N. Y., Dr. Walter In the notice advertising the open competitive examination for patrolman, which petitioner took and passed, the following was stated: “Medical examination may be required prior to the physical test and the Commission reserves the right to exclude from the physical test any candidate who is found medically unfit. 62 Medical and physical requirements as posted on the Commission's bulletin board must be met." The medical and physical requirements which have been duly adopted by the Municipal Civil Service Commission provide, among other things, that: “Any candidate who cannot qualify before the psychiatrist or any candidate who has a mere history of confinement in an institution for mental illness must be rejected; a history of nervous disorder may reject.”' 63 ܕܙ “Emotional instability rejects.” The revocation of petitioner's certification was effected in accordance with the provisions of Rule 3, Section VII, paragraph lb, of the Rules and Regulations of the Municipal Civil Service Commission, which reads as follows: 64 Affidavit of Paul P. Brennan. “(b) Whenever the Commission shall find during the probationary period that an appointee *** is unfit mentally * * * to hold the postion to which he was appointed he shall be marked ‘not qualified' and the certification of his name shall be revoked and his services shall be terminated.” 65 The action of the respondents in marking the petitioner “not qualified” and revoking his certification and the action of the Police Commissioner in terminating petitioner's probationary appointment were taken in the interest of public safety and were justified by the findings of the medical experts. “Final Opinion-April 7, 1954:—Dr. Goodhart, Consulting Psychiatrist to the Police Department, contacted this examiner to discuss the fitness of this applicant. He has seen the applicant several times and expressed doubts as to the advisability of retaining him in the department. I agreed with Dr. Goodhart that on the basis of history there was some reason in disapproving this applicant for permanent status.” 66 The public safety requires that patrolmen be held strictly to high standards of mental and physical health. Since a patrolman is entrusted with a gun, it is imperative that his mental makeup be such that he will never crack during times of danger and stress, and that in a crisis he shall never act in such a way that he will necessarily take a life, inflict injury to himself or to others, or so act in an adverse manner. Affidavit of Dr. David Tillim. 67 It is apparent from the foregoing that neither the Police Commissioner nor the members of the Municipal Civil Service Commission were in any way arbitrary or capricious in their actions, but that on the contrary, they would have been remiss in their public duty if they appointed to the police force a person who has had psychiatric treatment. WHEREFORE, this proceeding should be dismissed, with costs. 68 (Sworn to by Paul P. Brennan on June 4, 1954.) Affidavit of Dr. David Tillim, Read in Opposition to Motion. SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK. 69 [S A ME TITLE] STATE OF NEW YORK 2 ss.: COUNTY OF NEW YORKS DR. DAVID TILLIM, being duly sworn, deposes and says: That he is a duly licensed physician specializing in psychiatry and maintains his offices at the 70 Affidavit of Dr. David Tillim. 71 Hotel Edison, 228 W. 47th Street, New York City. That he is making this affidavit in support of respondents' contention that the petitioner is not qualified medically to be employed by the Police Department of the City of New York. Your deponent's qualifications are as follows: Graduated St. Louis University Medical School, 1932. Your deponent served his internship at St. Mary's University Hospital in St. Louis, Missouri; also at Rockaway Beach Hospital in the City of New York. Following his internship, your deponent was a Psychiatrist at the Creedmoor State Hospital for eight years. Your deponent was certified by the American Board of Neuro-psychiatrists, 1940. Your deponent has been Psychiatrist for the Municipal Civil Service Commission since 1944 and is also Consulting Psychiatrist for the State Civil Service Commission. Your deponent's hospital appointments have been with Polyclinic Hospital in New York City and Bellevue Hospital, also in the same city. Your deponent also has an extensive private practice practicing Psychiatry. Your deponent, as Psychiatrist for the Municipal Civil Service Commission, examined the petitioner, and after examination, referred the petitioner to Miss Joan L. Bardach, Clinical Psychologist, Bellevue Hospital, for testing. Your deponent had discussed the petitioner's mental history with Dr. Goodhart, Consulting Psychiatrist for the Police Department of the City of New York; has read the report of Dr. Albert L. Deutsch, 80 Clarkson Avenue, Brooklyn, New York; the report of the Public Health Service of the United States of America; the report 72 Affidavit of Dr. David Tillim. 73 74 of Walter J. Coville, Consulting Psychologist, St. Vincent's Hospital, and the report of Miss Bardach, and it is your deponent's belief that the petitioner is a potential risk to the Police Department of the City of New York. Your deponent, in his final opinion dated April 7, 1954, agreed with Dr. Goodhart that on the basis of history, there was some risk in approving the petitioner's permanent status. The petitioner was referred for testing (Bellevue Hospital). This indicated so and instability in character structure as the result of shakiness in defenses especially to control underlying irrational drives. It is felt that the illness for which he sought treatment several years ago, represents temporary failure of such defenses. Since then, he apparently has been successful in establishing some degree of order and control. It is felt, however, that attitudes responsible for the illness of several years ago have not been really solved, although overtly, at least sufficiently well controlled to permit a reasonably satisfactory adjustment at the time. Evaluating the entire record, as well as the nature of the job, it is felt that the employer would be unwarranted in accepting the potential risk involved. The Commission in its Manual of Medical and Physical Standards has promulgated the following rule: 75 “Rule 8—Mental illness. Any candidate who cannot qualify before the Psychiatrist or any candidate who has a mere history of confinement in an institution for mental illness, must be rejected; a history of nervous disorder may reject.” |
