§50 Candidate Appeals

Who can appeal?

Under §813(d) of the New York City Charter, the CSC is authorized to determine appeals by certain persons disqualified by the City Personnel Director from eligible lists for civil service positions following competitive civil service examinations.

The City Personnel Director may lawfully disqualify candidates:

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.

Who may not appeal?

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 City Personnel Director 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 §50 candidate appeals on the basis of written submissions by the parties. This includes the record used by the City Personnel Director in determining the disqualification of the individual.

The CSC, at its own discretion, may choose to schedule an evidentiary hearing to afford the appellant an opportunity to make an explanation and submit facts in opposition to the determination of the City Personnel Director. At such proceedings, the City Personnel Director 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.

NOTE: All individuals disqualified pursuant to §50 for lack of requisite character are entitled to an evidentiary hearing before the CSC.