In New York, certain types of civil service employees have protections that ensure that they cannot be removed from their jobs unless there is a valid reason for doing so, including misconduct or incompetence. These protections apply for employees who are "tenured" after they have worked in a qualifying position for the required number of years. Some law enforcement officers may qualify as tenured civil service employees, and in cases where officers have been accused of misconduct or may otherwise face disciplinary action, they will need to understand how they can protect their rights and avoid consequences that may affect their careers.
Disciplinary Issues for Law Enforcement Officers
Law enforcement officers may be considered tenured civil service employees if they have completed the required probationary period as specified by their employer/agency.. These officers may face discipline if they are accused of misconduct. Potential reasons for disciplinary action may include:
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Criminal conduct - This may include any conduct that is prohibited by state or federal laws. Felony convictions of tenured Civil Servants will result in automatic termination by operation of law without a due process hearing. Convictions for certain types of misdemeanors, including theft, assault, or other offenses that would be considered a violation of an officer's Oath of Office or an offense of moral turpitude, may also result in termination. Other minor misdemeanors may result in a period of suspension without pay.
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