Our Attorneys Represent New York Civil Service Employees In Disciplinary Appeals
The civil service disciplinary process can be a two-edged sword. On one hand, it protects tenured employees from unfair or politically motivated employer actions. On the other hand, it enables public employers to remove employees who fail to adhere to any one of the numerous standards and policies set by their employer.
If you have been through the process of investigation, charges and a hearing – perhaps without the benefit of legal counsel – and you disagree with the result, you have one last chance to fight back. If you believe that you were erroneously found guilty of incompetence or misconduct, or that the penalty imposed was unduly harsh, you can file a disciplinary appeal.
Joey Jackson Law, PLLC., can help you file an appeal and present oral and/or written arguments in your favor. Lawyer Joey Jackson has over 25 years of experience in criminal and civil service defense law in New York City. Our civil service disciplinary defense team will go over your case in detail and come up with a strategy for your appeal. You can count on our dedication to do everything possible to win your appeal.
Appealing A Civil Service Disciplinary Determination And Penalty In New York
When a civil service employer files disciplinary charges of incompetence and/or misconduct against a tenured employee, and the employee is found guilty of at least one of the specific charges, the employer may impose any one of the following penalties:
- A letter of reprimand.
- A fine of up to $100 which will be deducted from the employee’s paycheck.
- Suspension without pay for up to two months.
- Demotion in grade and title.
- Dismissal from civil service employment.
Under Section 76 of the New York Civil Service Law, the employee has the right to appeal the determination of guilt and any penalty except a letter of reprimand. The appeal can be filed with either the local Civil Service Commission or the County or Supreme Court pursuant to Article 78 of the Civil Practice Laws and Rules.
Filing A Disciplinary Appeal In New York
An appeal to the appropriate state or municipal Civil Service Commission must be filed within 20 days of being personally served with notice of the disciplinary determination, or within 23 days when notice is received by registered mail. An appeal to the County or Supreme Court pursuant to Article 78 of the Civil Practice Laws and Rules must be filed within 120 days of being personally served with notice of the disciplinary determination.
Understanding The State’s Civil Service Appeals Process
The commission will notify the employee by U.S. Certified Mail of the date on which they must appear for a conference, which should occur within 90 days. Prior to the conference, the commissioners will review the transcript of the disciplinary hearing and any other related. During the conference, both the employer and the employee (along with their attorneys) will have the opportunity to present arguments. Following the conference, the commissioners will meet and decide whether to affirm, reverse, or modify the employer’s determination of guilt and the associated penalty. The appellant will be notified of the decision by U.S. Certified Mail within 90 days. The decision of the Civil Service Commission is final and not subject to further review in any court.
Speak To Our Team About Your Civil Service Disciplinary Appeal
If you are a tenured civil service employee who has been ruled guilty of misconduct or incompetence, you may want to appeal that decision, particularly if the penalty is suspension without pay, demotion or dismissal. A private attorney can help you fight that disciplinary action. Contact Joey Jackson Law, PLLC., at 833-563-9522. We are fully prepared to mount an aggressive defense to protect your legal rights and your job.