The CSC's Disciplinary Appeal Process

The CSC reviews the record of the hearings conducted by, or on behalf of, the employing agency, and gives the appellant and employing agency an opportunity to submit written arguments to the CSC. Should the CSC schedule a hearing, it will notify both parties in a hearing notice. Instructions for the hearing, including how to request an adjournment, will be provided in the hearing notice. Although not required, the CSC recommends that appellants consider retaining an attorney to represent them at the hearing.  Appeals often involve complicated issues of law that are more easily addressed by an experienced attorney.

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

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 and appropriate in light of all the circumstances. The CSC issues a written decision as soon as practicable, which will affirm, modify, or reverse the determination being appealed.  The CSC may, at 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.

For more information, you may refer to Rules of the City of New York Sections 3-01 to 3-04.