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New York Civil Service Law Sections 75 and 76 Proceedings
New York Civil Servants have varying degrees of protections in the disciplinary context. For instance, when an employer wants to punish a Civil Servant for misconduct or incompetence, the employee may have the right to challenge the allegations at a Section 75 Proceeding. In proceeding of this nature, the Civil Servants are entitled to be served with charges notifying them of the allegations prior to the hearing, discovery of evidence, and call and challenge witnesses and evidence.
After the administrative law judge hears the case, he or she issues a finding of fact and a recommendation of a penalty, if any. This is, however, a recommendation. Agencies can make a different finding of fact to support different conclusions based on the same evidence and testimony.
On that note, Civil Servants can challenge any penalties imposed pursuant to Civil Service Law Section 76 which provides that an agencies penalties can be challenged either before civil service commission or through a CPLR Article 78 in State Supreme Court.
Civil Service Law Section 72 and 73
The Civil Service Law provides that an employer may move to terminate civil servants incapable of performing their jobs due to a medical disability. An employer may move to terminate the civil servant, but it must give him/her notice of the legal right to challenge the termination.
At such a hearing, the employer has the burden of proof and employees have the ability to introduce their own evidence and medical experts to show that he/she is not medically incapable of performing the job. The employer’s case is heard by an administrative law judge that issues a finding. This finding can be appealed by the civil servant.
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