Defense of Employee Disciplinary Proceedings

Civil Service Employees may face Disciplinary Charges which could result in demotion, loss or pay or vacation time or termination.

New York Civil Service Law Sections 75 and 76 Proceedings

New York Civil Servants have varying degrees of protections. Employees with due process rights can request to have a formal disciplinary hearing.

When an employer wants to punish a permanent Civil Servant for misconduct or incompetence, the employee may have the right to challenge the allegations by requesting a Section 75 Proceeding. Permanent Civil Servants are entitled to be served with charges notifying them of the underlying allegations, discovery of evidence, and the ability to call their own witnesses, and challenge the witnesses and evidence put forth by the employer. The burden is on the employer to prove the charges.

The hearing officer will issue finding of fact and a recommendation that can range from dismissal of the disciplinary charges to termination. This is, however, a recommendation. Agencies can chose whether or not to accept the findings of the hearing officer.

On that note, permanent Civil Servants may challenge any penalties ultimately imposed by the employer either through a Civil Service Law Section 76 Proceeding or a CPLR Article 78 Special Proceeding. That is the penalty can be appealed to the local Civil Service Commission or to the County Supreme Court in Article 78.