N.Y. Civil Service Law § 76: Appeals from determinations in disciplinary proceedings

§ 76. Appeals from determinations in disciplinary proceedings. 1.

Appeals. Any officer or employee believing himself aggrieved by a

penalty or punishment of demotion in or dismissal from the service, or

suspension without pay, or a fine, or an official reprimand,

unaccompanied by a remittance of said officer or employee's prehearing

suspension without pay, imposed pursuant to the provisions of section

seventy-five of this chapter, may appeal from such determination either

by an application to the state or municipal commission having

jurisdiction, or by an application to the court in accordance with the

provisions of article seventy-eight of the civil practice law and rules.

If such person elects to appeal to such civil service commission, he

shall file such appeal in writing within twenty days after service of

written notice of the determination to be reviewed, such written notice

to be delivered personally or by registered mail to the last known

address of such person and when notice is given by registered mail, such

person shall be allowed an additional three days in which to file such

appeal.

2. Procedure on appeal. Where appeal is taken to the state or

municipal commission having jurisdiction, such commission shall review

the record of the disciplinary proceeding and the transcript of the

hearing, and shall determine such appeal on the basis of such record and

transcript and such oral or written argument as the commission may

determine. The commission may direct that such appeal shall be heard by

one or more members of the commission or by a person or persons

designated by the commission to hear such appeal on its behalf, who

shall report thereon with recommendations to the commission. Upon such

appeal the commission shall permit the employee to be represented by

counsel.

3. Determination on appeal. The determination appealed from may be

affirmed, reversed, or modified, and the state or municipal commission

having jurisdiction may, in its discretion, direct the reinstatement of

the appellant or permit the transfer of such appellant to a vacancy in a

similar position in another division or department, or direct that his

name be placed upon a preferred list pursuant to section eighty-one of

this chapter. In the event that a transfer is not effected, the

commission is empowered to direct the reinstatement of such officer or

employee. An employee reinstated pursuant to this subdivision shall

receive the salary or compensation he would have been entitled by law to

have received in his position for the period of removal including any

prior period of suspension without pay, less the amount of any

unemployment insurance benefits he may have received during such period.

The decision of such civil service commission shall be final and

conclusive, and not subject to further review in any court.

4. Nothing contained in section seventy-five or seventy-six of this

chapter shall be construed to repeal or modify any general, special or

local law or charter provision relating to the removal or suspension of

officers or employees in the competitive class of the civil service of

the state or any civil division. Such sections may be supplemented,

modified or replaced by agreements negotiated between the state and an

employee organization pursuant to article fourteen of this chapter.

Where such sections are so supplemented, modified or replaced, any

employee against whom charges have been preferred prior to the effective

date of such supplementation, modification or replacement shall continue

to be subject to the provisions of such sections as in effect on the

date such charges were preferred.