New York State Civil Service Law section 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:
- Is there substantial evidence in the disciplinary hearing record to support the decision?
- Was proper procedure followed?
- 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
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As a civil service appeals attorney with more than 18 years of experience, I have helped many NYPD candidates win their appeal. I can help you too.
What are some of the reasons a candidate can be psychologically (psych) disqualified for the NYPD police officer title or other civil service titles?
Another reason for a NYPD psychological disqualification is if you took ADHD medicine while in school. Again the NYPD psychologist will request an authorization to obtain your records from school and review them to determine if you should be disqualified on that basis.
You can appeal by getting an independent psychologist to assist you and by explaining that what happened in school is not your current condition or state. Often candidates have outgrown the need for medicines or their condition has not followed them into adulthood.
I am a civil service appeals attorney with more than 18 years of experience and I have helped many NYPD candidates win their appeal. I can help you too.
