Rules of the City of New York Section 2-01

Rules of the City of New York Section 2-01

§ 2-01 Appeals from Disciplinary Determinations.

(a) Any person entitled under § 76 of the Civil Service Law to take an appeal from a finding of guilt and/or a penalty of punishment in a disciplinary proceeding conducted pursuant to § 75 of the Civil Service Law, shall duly make such appeal by sending by ordinary, registered or certified mail or by delivering personally, a written notice of appeal to the Commission and by sending a copy thereof by the same means to appellant's employer agency. All notices of appeal shall be mailed or delivered within twenty (20) days after the date of service of a written notice of the determination to be reviewed. Such additional time in which to appeal as provided in CSL Sec. 76 shall be allowed where service of the determinations was by mail. The agency head concerned (or his/her designee) shall transmit to the Commission within ninety (90) days after receipt of the notice of appeal the entire record of the disciplinary proceeding including the written transcript of the hearing.  Proof of service of the notice of determination to be reviewed shall be submitted where the agency moves to dismiss the notice of appeal as untimely. Motions for dismissal on jurisdictional grounds may be made prior to submission of the record below.

(b) Where a hearing officer other than the agency head is designated in writing to hear the charges preferred, the record furnished the Commission shall contain such written designation of a copy thereof unless such designation is on file with the Commission or provided for in the City Charter and/or published agency rules.

(c) Where an appeal is taken, the Commission shall review the record below and shall afford appellant and the employing agency the opportunity to make an oral presentation and/or to submit written statements to the Commission.  Oral arguments may be heard by one or more members of the Commission, or any person duly designated pursuant to § 76(2) of the Civil Service Law. When an appellant declines to make an oral argument, the appeal shall be deemed submitted to the Commission. The agency may elect to reset on the record adduced at the disciplinary proceeding.

(d) Oral argument shall be scheduled within ninety (90) days of receipt of the record below or as soon thereafter as practicable. The determination of the Commission shall be rendered within ninety (90) days after the record on appeal has been submitted for decision or as soon thereafter as practicable.

(e) When the Commission reviews determinations regarding the fitness and discipline of agency employees after hearings conducted pursuant to Civil Service Law § 75, the Commission may affirm, reverse or modify the findings of fact, conclusions of law and penalties imposed below.

(f) Where the Commission upon appeal modifies a determination of dismissal by permitting or requiring the transfer of an appellant to a vacancy in a similar position in another division or department;

(1) the appellant shall be transferred to another division of department provided the head of such division or department consents thereto;

(2) such transferee, prior to the approval of such transfer, shall execute all appropriate documents to record his transfer, including, if required by the Commission, a waiver of back pay and civil service rights and status during the period of dismissal;

(3) such transferee shall be required to service the same probationary term as required for original appointments.