July 26

New York State Civil Service Law section 76 Disciplinary Penalty Appeals

New York State Civil Service Law sect 76 allows permanent civil service employees to appeal disciplinary penalties.

The statute states in pertinent part: http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:

The New York City Civil Service Commission website explains the Commission’s role in the process:

http://www.nyc.gov/html/csc/html/appeals/s76disciplinary.shtml

After receiving discipline an employee may choose to file a lawsuit or Article 78 or appeal to the local Civil Service Commission. You can only choose one. You cannot file an Article 78 after appealing to the Commission or vice versa.  Click this link which is a case describing the choice of one appeal type only.

The issues the Commission decides are:

  1. Is there substantial evidence in the disciplinary hearing record to support the decision?
  2. Was proper procedure followed?
  3. Is the penalty reasonable?

If you believe the disciplinary penalty received was improper or excessive or you are facing termination you can discuss your case with an attorney who helps employees.

You can contact me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com

Read my blog civilservice.sheerinlaw.com

Email me kevin@sheerinlaw.com

Call toll free (888)998-9984

July 15

CRUCIAL TO CHECK EMAIL INBOX FOR NOPD OR NOD FROM NYPD

Candidates may have an overflowing inbox with 25, 50 or 100 emails a day.  If you miss a Notice of Proposed Disqualification NOPD email for an NYPD psychological disqualification or a Notice of Disqualification NOD and you do not respond within 30 days your appeal may be dismissed.

Candidates may claim, “I never got it!” but evidence can be submitted with the day, date and time the email was sent.

The best advice is to check your email inbox or spam folder every day very carefully because failure to do so can prevent you getting appointed to the job after spending 40-50 hours in applicant processing.

Another tip may be to set up an email filter to have your email provider separate the emails into a separate folder.

Case dismissals are occurring more frequently and close attention is required to prevent bad results.

Please call 516 248 3494 or

email kevin@sheerinlaw.com

visit http://civilservice.sheerinlaw.com for more information about civil service job disqualifications.

Appealing a New York Civil Service job disqualification
Appealing a New York Civil Service job disqualification