§ 76 — Appeals from determinations in disciplinary proceedings

New York § 76

• Jurisdiction: New York
• Law CVS: Civil Service
• Title B: Removal and Other Disciplinary Proceedings
• Art. 5: Personnel Changes

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§ 76. Appeals from determinations in disciplinary proceedings. 1.\nAppeals. Any officer or employee believing himself aggrieved by a\npenalty or punishment of demotion in or dismissal from the service, or\nsuspension without pay, or a fine, or an official reprimand,\nunaccompanied by a remittance of said officer or employee's prehearing\nsuspension without pay, imposed pursuant to the provisions of section\nseventy-five of this chapter, may appeal from such determination either\nby an application to the state or municipal commission having\njurisdiction, or by an application to the court in accordance with the\nprovisions of article seventy-eight of the civil practice law and rules.\nIf such person elects to appeal to such civil service commission, he\nshall file such appeal in writing within twenty days after service of\nwritten notice of the determination to be reviewed, such written notice\nto be delivered personally or by registered mail to the last known\naddress of such person and when notice is given by registered mail, such\nperson shall be allowed an additional three days in which to file such\nappeal.\n 2. Procedure on appeal. Where appeal is taken to the state or\nmunicipal commission having jurisdiction, such commission shall review\nthe record of the disciplinary proceeding and the transcript of the\nhearing, and shall determine such appeal on the basis of such record and\ntranscript and such oral or written argument as the commission may\ndetermine. The commission may direct that such appeal shall be heard by\none or more members of the commission or by a person or persons\ndesignated by the commission to hear such appeal on its behalf, who\nshall report thereon with recommendations to the commission. Upon such\nappeal the commission shall permit the employee to be represented by\ncounsel.\n 3. Determination on appeal. The determination appealed from may be\naffirmed, reversed, or modified, and the state or municipal commission\nhaving jurisdiction may, in its discretion, direct the reinstatement of\nthe appellant or permit the transfer of such appellant to a vacancy in a\nsimilar position in another division or department, or direct that his\nname be placed upon a preferred list pursuant to section eighty-one of\nthis chapter. In the event that a transfer is not effected, the\ncommission is empowered to direct the reinstatement of such officer or\nemployee. An employee reinstated pursuant to this subdivision shall\nreceive the salary or compensation he would have been entitled by law to\nhave received in his position for the period of removal including any\nprior period of suspension without pay, less the amount of any\nunemployment insurance benefits he may have received during such period.\nThe decision of such civil service commission shall be final and\nconclusive, and not subject to further review in any court.\n 4. Nothing contained in section seventy-five or seventy-six of this\nchapter shall be construed to repeal or modify any general, special or\nlocal law or charter provision relating to the removal or suspension of\nofficers or employees in the competitive class of the civil service of\nthe state or any civil division. Such sections may be supplemented,\nmodified or replaced by agreements negotiated between the state and an\nemployee organization pursuant to article fourteen of this chapter.\nWhere such sections are so supplemented, modified or replaced, any\nemployee against whom charges have been preferred prior to the effective\ndate of such supplementation, modification or replacement shall continue\nto be subject to the provisions of such sections as in effect on the\ndate such charges were preferred.\n