NYC Civil Serivce Commision
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§76 Disciplinary Appeals

Who can appeal?

Under section 813 of the New York City Charter, the CSC can decide appeals by permanent civil servants who were subject to disciplinary penalties following proceedings held at either their employing agency or before the New York City Office of Administrative Trails and Hearings ("OATH"). Only city employees who hold a position by permanent appointment in the competitive class of the classified civil service appeal under section 76 of the Civil Service Law.

Who may not appeal?

Employees who have been dismissed or otherwise subjected to disciplinary penalties falling under the following categories may not appeal to the CSC.

  1. Employees who have not yet received permanent appointment to their respective civil service positions (e.g., individuals in their probationary term), or individuals who are provisional employees;
  2. New York City Transit Authority employees seeking to appeal a determination reached by the Tripartite Arbitration Board;
  3. Employees disciplined pursuant to arbitration proceedings.
  4. Employees who waived their right to appeal pursuant to a settlement agreement.

NOTE: If you are unsure if you qualify to appeal to the CSC, contact your employing agency.

How do I appeal?

Any person qualifying for appeal under Civil Service Law section 76 may appeal an adverse disciplinary penalty to the CSC by sending by first-class, registered, or certified mail, or by delivering personally, a written notice of appeal to the CSC. Appeals must be filed with the CSC within twenty (20) days after the agency head's final disciplinary decision that he/she is appealing to the CSC and must include a copy of the letter notifying the appellant of the penalty being imposed by the agency. A copy of the same notice of appeal must also be sent to the agency whose determination the appellant is appealing.

How are appeals decided?

The CSC reviews the record of the hearings conducted at either OATH or the employing agency, and gives the appellant and employing agency an opportunity to make oral presentations before the CSC, and/or to submit written statements to the CSC.

Arguments before the CSC and written submissions to the CSC are limited to the issues found in the record, and to arguments presented at the hearing below. No new evidence may be presented before the CSC.

Although not required, Appellants obtain the services of an attorney to represent them on the appeal.

The record is reviewed to determine whether the decision of the appointing officer is based on substantial evidence, whether procedural rights and safeguards have been observed, and whether the penalty imposed is reasonable in light of all the circumstances. After reviewing the record, arguments and submissions made on the appeal, the CSC renders a written determination as soon as practicable. In its decision, the CSC may affirm, reverse, modify or remand the determination.  It may, in its discretion, direct the reinstatement of the employee or permit transfer to a vacancy in a similar position in another division or department, or direct that the employee's name be placed on a preferred list.

ADJOURNMENTS

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.