September 17

DCAS Notice of Examination and need to enter tasks performed

New York City’s Department of Administrative Services writes, administers and grades all Civil Service Exams.

A Notice of Examination states the job requirements for a civil service title. A Civil Service job candidate when filling out the application, which is often online, should keep the job requirements in front of them as they fill out the forms.

You must write that you performed the specific tasks listed in the job requirements for at least the minimum amount of time listed for the job. If you are not specific regarding the tasks you performed with the percentage of time you performed them you will be disqualified.

The first appeal is to the Committee on Manifest Errors (CME). You will be allowed to explain that you have the required experience as listed in the Notice of Examination but it still may be “too little, too late” and you may receive a letter that your next appeal would be to the New York City Civil Service Commission.

You may also want to take a photo of the tasks page as you fill it out just in case of a software glitch.

Failure to write that you performed the tasks listed in the Notice of Examination will result in your disqualification.

Visit civilservice.sheerinlaw.com for more civil service law information

Teachers can visit attorneyforteachers.com

Check NYC Civil Service Exams 2020 Registration Guide on Portal : Current  School News

September 16

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 you received was improper or excessive, or you are facing termination, you should discuss your case with an attorney who helps civil service employees.

If you have questions and would like to schedule a free consultation at my Mineola office, please do not hesitate to call me at 516 248 0040.

You can also contact me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com

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