Rules of the City of New York Section 2-02

Rules of the City of New York Section 2-02

§ 2-02 Appeals from Determinations of the City Personnel Director.

(a) An appeal to the Commission by any person aggrieved by an action or determination by the City Personnel Director or his or her designee on accordance with his or her powers as specified in § 2-02(b) herein, shall be made by application in writing to the Commission within thirty (30) days of the date of the action or determination appealed from. Such action or determination shall be deemed to be effective upon notice to the appellant. If notice of the action or determination is by mail, there shall be a rebuttable presumption that notice occurred as of five calendar days after the date of the mailing of the action or determination.

(b) An appeal to the Commission shall lie only where the action or determination appealed from is made pursuant to the City Personnel Director's powers and duties as enumerated in paragraphs 3, 4, 5, 6, 7, and 8 of § 813(a) of the City Charter and paragraph 5 of § 813(b) of the City Charter.

(c) The Commission may affirm, modify, reverse or remand such action or determination.

(d) The Commission shall decide appeals from determinations of the City Personnel Director or his or her designee on the basis of written submissions by the parties. Such submissions shall include the record support in the determination of the City Personnel Director or appropriate motions to dismiss the notice of appeal. The Commission, however, may hear oral argument to afford appellant an opportunity to make an explanation and to submit facts in opposition to the action or determination of the City Personnel Director. At such proceedings, the City Personnel Director will be permitted to defend his/her action or determination.

(e) The appellant shall be entitled to a transcript of the Commission's proceedings upon payment of a reasonable cost for the production of same.

(f) All appeals to the Commission which result from medical disqualifications by the City Personnel Director and/or his or her designee pursuant to § 813(6) of the City Charter shall be supported by medical documentation which shall be received by the Commission within sixty (60) days of the filing of the appeal.

(g) All appeals to the Commission which result from a psychological disqualification by the City Personnel Director and/or his or her designee pursuant to § 813(6) of the City Charter shall be supported by medical documentation which shall be received by the Commission within sixty (60) days of the filing of the appeal.

(h) Extension of the time periods set forth in §§ 2-02(f) and 2-02(g) may be granted for good cause shown.

(i) When the Commission deems that oral argument is required as set forth in § 2-02(d), such proceeding shall be scheduled within ninety (90) days of receipt of the complete record or as soon thereafter as practicable.

(j) The Commission shall in all appeals from actions or determinations of the City Personnel Director render a written determination within ninety (90) days of the date such appeal is reviewed or as soon thereafter as practicable.

(k) The Commission may, in its discretion, take whatever measures it deems appropriate to ensure review of pending appeals prior to the expiration of the pertinent eligible list.