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@www.sheerinlaw.com
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