When Can a New York Civil Service Employee Appeal Disciplinary Action?

 Posted on February 11, 2021 in Civil Service Employment and Job Defense

If you are facing disciplinary action for alleged misconduct related to your civil service job, the question of your guilt and any appropriate penalties will be determined at a hearing where you and your attorney have the opportunity to present evidence in your defense. However, the outcome of this hearing does not always signify the end of the process. If you believe that the hearing or the decision was handled incorrectly or unfairly, you have the option to request an appeal.

Grounds for an Appeal

In order for an appeal to have merit, you must be able to demonstrate some manner of impropriety in the initial hearing. For example, you may make the case that the hearing did not follow the appropriate procedure under New York Civil Service Law, that the decision was issued based on insufficient or unreliable evidence, or that the penalties assessed were more severe than your actions merited. Your attorney can advise you as to whether you have a substantial case for an appeal.

How Does the Appeal Work?

In some cases, a civil service employee can appeal a decision by filing a proceeding against the public body or officer who issued the decision under the terms of Article 78 of New York’s Civil Practice Law & Rules. These cases are handled in the New York State Supreme Court. However, Section 76 of the New York Civil Service code also allows employees to pursue an appeal through the Civil Service Commission (CSC).

To begin the appeal process with the CSC, you must submit a written request to their office within 20 days of the original decision. The CSC will then provide information regarding the appeal procedure, which usually involves a time period during which you and your attorney can submit written arguments regarding your reason for the appeal and respond to arguments from the other side. In some cases, the CSC will also hear oral arguments. However, the CSC will only review records, transcripts, and arguments related to the initial hearing, and will not review any new evidence.

If the CSC determines that the initial decision was unfair or issued in error, it may reverse or modify the decision, including by annulling a finding of guilt on some or all charges, or recommending a different penalty from the one originally issued. In some cases, the CSC may order that a suspended or terminated employee should be reinstated or transferred to a similar position. A decision in the employee’s favor may also mean that the employee is owed compensation for salary lost after being terminated or during a suspension without pay.

Contact a New York Civil Service Job Defense Attorney

Disciplinary action can affect your job, your career, and your livelihood, and it is important to work with an attorney who can help you pursue all reasonable options to avoid unfair and unnecessary penalties. At The Law Firm of Gregory J. Watford, Esq. PLLC, we can help you prepare for your hearing or appeal and provide strong representation in your defense. Contact an NYC civil service employee discipline defense lawyer today at 646-580-6675.

Sources:

http://www.nyc.gov/html/csc/html/appeals/s76disciplinary.shtml

https://www.nysenate.gov/legislation/laws/CVS/76

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