Who can appeal?
Under section 813(d) of the New York City Charter, the CSC is authorized to decide appeals by certain persons disqualified by the Commissioner of Department of Citywide Administrative Services (DCAS) or other examining agency from eligible lists for civil service positions following competitive civil service examinations.
The DCAS Commissioner or other examining agency may lawfully disqualify candidates:
Who may not appeal?
- who lack any of the established requirements for admission to the examination, or for appointment to the position in which he/she applies; or
- who have a disability rendering him/her unfit to perform in a reasonable manner the duties of the position in which he/she seeks employment; or
- who have been found guilty of a crime; or
- who have been dismissed, terminated, or have resigned from a position in the public service as the result of his/her incompetence or misconduct;
- who have intentionally made a false statement or any material fact in his/her application;
- who have practiced, or attempted to practice, any deception or fraud in his/her application, examination, or in securing eligibility or appointment;
- who have been dismissed from private employment because of habitually poor performance.
Individuals who have been deemed disqualified for a civil service position not requiring an applicant to take a civil service exam may not appeal that determination to the CSC.
How do I appeal?
Any individual who believes he/she has been improperly disqualified by the DCAS Commissioner or other examining agency for any of the enumerated reasons and qualifies for appeal can appeal that disqualification to the CSC in writing within thirty (30) days of the date the disqualification was issued.
How are appeals decided?
The CSC decides section 50 candidate appeals on the basis of written submissions by the parties. This includes the record used by the DCAS Commissioner or other examining agency in determining the disqualification of the individual.
The CSC, at its own discretion, may choose to schedule an evidentiary hearing to allow the appellant an opportunity to make an explanation and submit facts in opposition to the determination of the DCAS Commissioner or other examining agency. At such proceedings, the DCAS Commissioner or other examining agency head will be permitted to defend his/her determination.
Should the CSC schedule an evidentiary hearing, it will notify the appellant by mail. Although not required, the CSC recommends that appellants obtain the services of an attorney to represent them at the hearing. Appeals often involve complicated issues of law that are more easily addressed by an experienced attorney.
The CSC, after carefully reviewing the record and arguments presented on appeal, issues a written decision as soon as practicable and notifies the parties by mail. In its decision, the CSC may affirm, modify, reverse or remand the determination being appealed.
Adjournments will be granted only for good cause shown.
Adjournments should be requested as soon as the reasons for the adjournment are known or should have been know to the party requesting the adjournment. Delay is requesting an adjournment may be grounds for denial of the request. Adjournment requests should be made no later than ten days before the scheduled hearing date.
It is incumbent upon the party requesting an adjournment to first contact the other party or opposing counsel to inform him/her of the request for an adjournment. If the opposing party is self-represented, you must first contact the Civil Service Commission and the Commission will attempt to contact the self-represented party.
Requests for adjournment should be made to Commission staff by calling 212-615-8915. After speaking with authorized Commission staff, the party requesting the adjournment must also submit the reasons for the adjournment request in writing and send a copy to all other parties.