Civil Service Employment Defense

Civil Service Employment Defense

New York City agencies employ over 350,000 civil service employees. Each agency has its own set of rules, regulations, protocols, procedures and directives that govern allegations of on-the-job misconduct, incompetence and off-duty arrests and/or conduct. Time is of the essence if you have been served and notified of disciplinary charges, especially if you have been suspended without pay while your case is pending. The consequences of disciplinary charges or an arrest vary with each agency. Employees can face demotion, loss of pay, loss of vacation time, suspension, fines, unfavorable transfers, and even termination.  With much at stake, you need an experienced attorney to help you navigate through the details and nuances of New York Civil Service Law § 75 while preserving your rights and protecting your interests.

Disciplinary Charges

New York Civil Service Law §75 governs Civil Service Employment removal and disciplinary proceedings. In general, disciplinary charges are related to incompetence or misconduct allegations involving the employees job performance. However, off-duty arrests and/or conduct may lead to disciplinary action if it reflects negatively on the fitness/moral character of the employee and/or the employer.

New York Civil Service Law §75 states that a permanent civil service employee must be served with a notification of any charges of incompetence or misconduct that are filed against the employee by their employer. The notification must include the charges regarding the alleged behavior, as well as allegations of fact to support the charges. Pending the hearing and determination of charges of incompetency or misconduct, the employee may be suspended without pay for up to thirty days.

Due Process Rights

Upon successful completion of each particular agency’s probationary period, civil service employees earn permanent status and are entitled to due process. Due process ensures civil servants cannot be indiscriminately disciplined or terminated based on allegations alone. In general, your due process rights include but are not limited to representation during any questioning, investigative interviews and the right to a timely process. More importantly, you have the right to a due process hearing before any disciplinary action is taken and permanently filed on your personnel record. Although the various unions provide legal representation, employees have the right to retain counsel of their choice.

OATH Pre-Trial Conference

New York Civil Service Law §75 states a pre-trial conference must be conducted before an action could affect someone’s legally protected rights. During the conferences, which include an administrative law judge, the legal representatives of all parties attempt to settle the matter at hand before going to trial. The agencies that conduct their proceedings before the Office of Administrative Trials & Hearings (OATH), must adhere to the rules of practice as published in title 48 of the Rules of the City of New York (RCNY).

OATH Trials

Matters adjudicated before OATH are akin to civil trials without a jury. The procedural rules are streamlined and OATH trials do not mandate strict applications of the rules of evidence or civil procedure. The burden of proof is on the employer agency to prove the charges with a preponderance of the evidence. Unlike criminal trials, where the standard of proof is beyond a reasonable doubt, this standard of proof is easier for your employer to meet. All the more reason to hire an experienced trial attorney who is well-acquainted with the rules, procedures and protocols of OATH.

Penalties

Following the trial, the administrative law judge will issue their recommendation as to guilt or innocence and suggest the appropriate penalty. The employer will review the recommendations and make the final determination as to the penalty.

Permanent Civil Servant Employees may challenge any penalties rendered by the appointed Administrative Law Judge. Penalties can be appealed to the Civil Service Commission (CSC) as well as Article 78 proceedings before the Supreme Court.

Experienced New York Civil Service Employment Defense Attorney

If you have been served with notice of disciplinary charges from your employer then it’s in your best interest to immediately retain experienced legal counsel. Hundreds of fire fighters, emergency medical technicians (EMT), police officers, corrections officers, public transportation workers and other civil service employees dealing with disciplinary charges and appeals continue to rely upon Mr. Garcia because of his unparalleled representation before OATH, CSC, internal investigative departments and Article 78 proceedings before the Supreme Court.

To schedule a free consultation with the Law Office of Cory Garcia, P.C., contact us directly at (914)-705-3745.