NY Civ Serv L § 75 (2021)
2021 New York Laws CVS - Civil Service Article 5 - Personnel Changes Title B - Removal and Other Disciplinary Proceedings 75 - Removal and Other Disciplinary Action.

§ 75. Removal  and  other  disciplinary  action.  1. Removal and other disciplinary action. 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.  (a) A person holding  a  position  by  permanent  appointment  in  the competitive class of the classified civil service, or  (b) a person holding a position by permanent appointment or employment in  the  classified  service  of  the  state  or  in the several cities, counties, towns, or villages thereof, or in any other political or civil division of the state or of a municipality,  or  in  the  public  school service,  or in any public or special district, or in the service of any authority, commission or  board,  or  in  any  other  branch  of  public service,  who  was  honorably  discharged  or  released  under honorable circumstances from the armed forces of the United States  including  (i) having  a qualifying condition as defined in section three hundred fifty of the executive law, and receiving a discharge other than  bad  conduct or  dishonorable  from  such  service,  or  (ii) being a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and receiving a discharge other than bad conduct  or  dishonorable  from such  service,  having  served  therein as such member in time of war as defined in section eighty-five of this chapter,  or  who  is  an  exempt volunteer  firefighter  as  defined in the general municipal law, except when a person described in this paragraph holds the position of  private secretary, cashier or deputy of any official or department, or  (c)  an  employee  holding  a position in the non-competitive or labor class other than a position designated in the  rules  of  the  state  or municipal  civil  service  commission  as  confidential or requiring the performance of functions influencing policy, who since his or  her  last entry  into  service  has  completed  at  least five years of continuous service in the non-competitive or labor class in a position or positions not so  designated  in  the  rules  as  confidential  or  requiring  the performance of functions influencing policy, or  (d)  an  employee  in  the  service  of the City of New York holding a position as Homemaker or Home Aide in  the  non-competitive  class,  who since  his  last  entry  into  city service has completed at least three years of continuous service in  such  position  in  the  non-competitive class, or  (e) an employee in the service of a police department within the state of  New  York  holding  the  position of detective for a period of three continuous years or more; provided, however, that a hearing shall not be required when reduction in rank from said position is  based  solely  on reasons  of  the  economy,  consolidation  or  abolition  of  functions, curtailment of activities or otherwise.   2. Procedure. An employee who at the time of questioning appears to be a potential subject  of  disciplinary  action  shall  have  a  right  to representation   by   his   or  her  certified  or  recognized  employee organization under  article  fourteen  of  this  chapter  and  shall  be notified  in advance, in writing, of such right. A state employee who is designated managerial or confidential under  article  fourteen  of  this chapter,  shall,  at the time of questioning, where it appears that such employee is a potential subject of disciplinary action, have a right  to representation  and  shall  be  notified in advance, in writing, of such right. If representation is requested a reasonable period of time  shall be  afforded to obtain such representation. If the employee is unable to obtain representation within a reasonable period of  time  the  employer  has  the  right  to  then question the employee. A hearing officer under this section shall have the power to find that a  reasonable  period  of time  was  or  was  not afforded. In the event the hearing officer finds that  a  reasonable  period  of  time  was not afforded then any and all statements obtained from said questioning as well  as  any  evidence  or information  obtained as a result of said questioning shall be excluded, provided, however, that this subdivision shall not modify or replace any written collective agreement between  a  public  employer  and  employee organization  negotiated pursuant to article fourteen of this chapter. A person against whom removal or other  disciplinary  action  is  proposed shall  have written notice thereof and of the reasons therefor, shall be furnished a copy of the charges  preferred  against  him  and  shall  be allowed  at  least  eight  days  for  answering the same in writing. The hearing upon such charges shall be held by the officer  or  body  having the  power to remove the person against whom such charges are preferred, or by a deputy or other person designated by such  officer  or  body  in writing  for  that  purpose.  In  case  a  deputy  or other person is so designated, he shall, for the purpose of such hearing,  be  vested  with all  the  powers of such officer or body and shall make a record of such hearing which shall, with  his  recommendations,  be  referred  to  such officer  or  body for review and decision. The person or persons holding such hearing shall, upon the request of the person against whom  charges are  preferred,  permit  him  to  be  represented  by  counsel,  or by a representative of a recognized or certified employee  organization,  and shall allow him to summon witnesses in his behalf. The burden of proving incompetency  or  misconduct shall be upon the person alleging the same. Compliance with technical rules of evidence shall not be required.   3. Suspension pending determination of charges; penalties. Pending the hearing and determination of charges of incompetency or misconduct,  the officer or employee against whom such charges have been preferred may be suspended  without  pay  for a period not exceeding thirty days. If such officer or employee is found guilty  of  the  charges,  the  penalty  or punishment  may consist of a reprimand, a fine not to exceed one hundred dollars to be deducted from the salary  or  wages  of  such  officer  or employee,  suspension without pay for a period not exceeding two months, demotion in grade and title, or dismissal from  the  service;  provided, however,  that the time during which an officer or employee is suspended without pay may  be  considered  as  part  of  the  penalty.  If  he  is acquitted,  he  shall  be restored to his position with full pay for the period of suspension less  the  amount  of  any  unemployment  insurance benefits  he  may  have  received during such period. If such officer or employee is found guilty, a copy of  the  charges,  his  written  answer thereto,  a  transcript  of  the hearing, and the determination shall be filed in the office of the department or agency in  which  he  has  been employed,  and  a  copy  thereof  shall  be filed with the civil service commission having  jurisdiction  over  such  position.  A  copy  of  the transcript of the hearing shall, upon request of the officer or employee affected, be furnished to him without charge.   3-a.   Suspension  pending  determination  of  charges  and  penalties relating to police officers of the police department of the city of  New York.   Pending the hearing and determination of charges of incompetency or misconduct, a police officer employed by the police department of the city of New York may be suspended without pay for a period not exceeding thirty days. If such officer is found guilty of the charges, the  police commissioner  of  such department may punish the police officer pursuant to the provisions of sections 14-115 and 14-123  of  the  administrative code of the city of New York.    4.   Notwithstanding  any  other  provision  of  law,  no  removal  or disciplinary proceeding shall be commenced  more  than  eighteen  months after   the   occurrence  of  the  alleged  incompetency  or  misconduct complained of and described in the charges or, in the case  of  a  state employee  who  is  designated  managerial  or confidential under article fourteen of this chapter, more than one year after the occurrence of the alleged incompetency or misconduct complained of and  described  in  the charges,  provided, however, that such limitations shall not apply where the incompetency or  misconduct  complained  of  and  described  in  the charges  would,  if  proved  in  a  court  of  appropriate jurisdiction, constitute a crime.