Manhattan Appellate Court says NYC's cellphone policy for civil service test is irrational' | amNewYork

"Examination integrity is not fostered by ambiguous rules that leave candidates guessing as to the conduct expected of them, and reviewing courts straining to ascertain whether an administrative determination founded on an ambiguous rule is rational, the panel of First Department judges wrote."

"In March 2023, after three NYPD sergeants finished the promotional test but were instructed to remain in the testing room, where they took their cellphones out of the storage bags that test-takers are required to use during the test in order to check for messages from family members."

"DCAS cited a rule stating candidates cannot use or have phones out before, during, and after the test. The sergeants argued, first in an administrative appeal, then in state court, that the rule is ambiguous because it doesn't clarify when, after the exam, a candidate is permitted to resume cellphone use."

"The court sided with the sergeants, finding that a rule banning phone use before, during, and after a test is nonsensical if it doesn't define when that period ends. Taken literally, a candidate could never use their"

Three NYPD sergeants were disqualified from a civil service promotional exam after using cellphones once the testing period had effectively ended. They had been instructed to remain in the testing room and to keep phones in required storage bags, but they removed the phones to check for messages from family members. The testing agency, DCAS, relied on a rule prohibiting candidates from using or having phones out before, during, and after the test. The sergeants argued the rule was unclear about when cellphone use was permitted after the exam. The appellate court found the rules ambiguous and held that ambiguous standards undermine examination integrity and make enforcement irrational.

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