Civil Service Law Section 75
Civil service law section 75 new york only 75 removal and other disciplinary action 1.
Civil service law section 75. On september 7 2018 governor cuomo signed new legislation to extend the protection of section 75 of the civil service law to labor class employees. For more detailed codes research information including annotations and citations please visit westlaw. 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.
Alternatives to section 75. Removal and other disciplinary action on westlaw findlaw codes are provided courtesy of thomson reuters westlaw the industry leading online legal research system. Section 75 provides that certain employees may not be terminated or otherwise disciplined as a result of incompetency or misconduct without being afforded the right to a hearing on disciplinary charges.
It is advised that you begin to gather evidence that may be useful in your defense soon after learning of the allegations. Section 75 of the new york civil service law establishes procedures for disciplining many governmental employees in the state. Which employees section 75 protects.
Removal and other disciplinary action. Such employee is entitled to representation and to summon witnesses to testify on her or his behalf at the hearing. Civil service law section 75 provides that a covered employee may not be removed or otherwise subjected to disciplinary penalty except for incompetency or misconduct shown after a hearing on stated charges.
A person described in paragraph a or paragraph b or paragraph c or paragraph d or paragraph e of this subdivision shall not be removed or otherwise subjected to any disciplinary penalty provided in this section except for incompetency or misconduct shown after a hearing upon stated charges pursuant to this section. Removal and other disciplinary action. This post will address.
In order to be covered an employee must have at least five years of continuous service. Previously labor class employees were not entitled to any due process rights under section 75. Public employers must know which employees these rules apply to and what the rules are.