Procedures Followed in Civil Service Employee Disciplinary Hearings

 Posted on July 29, 2022 in Civil Service Employment and Job Defense

Civil service employees can receive a number of benefits, and they are provided with certain rights and protections. This includes the right to a hearing if they face disciplinary action. Disciplinary charges must usually be based on allegations of misconduct or incompetence, and specific procedures will be followed in these cases. By understanding the requirements that apply in these cases and the steps they can take to defend against charges, employees can determine the best ways to avoid discipline and ensure that they can continue working in their position.

Disciplinary Procedures for Civil Service Employees

If a civil service employee is accused of violating the rules or standards that apply to their position, their employer will need to review the allegations to determine whether to pursue disciplinary action. Investigative interviews or other methods may be used to gather information about the case, and an employee has the right to be represented by an attorney during an investigation. 

Once disciplinary proceedingshave been initiated, the employer must send a letter or other form of communication notifying the employee of the accusations of misconduct or incompetence and detailing the specific violations the person is accused of committing. After receiving notice, the employee may submit an answer pleading guilty or not guilty, admitting or denying certain facts, and raising defenses against the accusations.

While a case is pending, an employee may be suspended without pay for up to 30 days. This period may include the time leading up to a hearing and any time that is needed to determine whether disciplinary action is warranted. The employee may contest the suspension by providing reasons why they should not be suspended. If a case cannot be resolved within 30 days, the employee’s suspension may continue, although they must be provided with their regular wages and benefits until a decision has been reached.

In disciplinary cases, a hearing must be held unless it is expressly waived by the employee. The hearing will be held before a hearing officer, and both sides may submit evidence and call witnesses. The employer will have the burden of proof to show that the alleged violations occurred. If the employee is found guilty of the charges, they may be subject to penalties. These may include dismissal from their position, demotion, suspension without pay for up to two months, a fine of up to $100 that will be deducted from their salary, or a reprimand. If an employee is found not guilty of all charges, they may be reinstated to their position, and they may receive back pay for their period of suspension.

Contact Our Manhattan Civil Service Employee Disciplinary Hearing Attorney

During civil service employee disciplinary proceedings, it is important to have representation from an attorney who is experienced in these types of cases. At The Law Firm of Gregory J. Watford, Esq., PLLC, we can provide the legal help you need, and we will protect your rights during an investigation, help you gather evidence to contest the charges against you, and provide representation during disciplinary hearings. To learn how we can help you resolve these matters effectively, contact our NYC civil service employee discipline lawyer at 646-580-6675.

Sources:

https://www.nysenate.gov/legislation/laws/CVS/75

http://www.ongov.net/employment/documents/manual_of_procedures_in_disciplinary_actions_04_08.pdf