2006 New York Code - Heads Of Agencies Other Than The Police And Fire Commissioner, May Rehear Charges Against And Reinstate Persons Dismissed.

 
    §   12-106   Heads   of  agencies  other  than  the  police  and  fire
  commissioner,  may  rehear  charges  against   and   reinstate   persons
  dismissed.  a.  The  head of any agency, upon written application by any
  person who has been dismissed from service, setting  forth  the  reasons
  for demanding an opportunity of making a further explanation, shall have
  the  power,  in his or her discretion, to rehear the explanation and any
  new matter offered in further reply to the  charges  or  complaint  upon
  which  such  person  was  dismissed  from  service. Such person shall be
  required to waive, in writing, all claims against the city for back pay.
  Such application for  another  opportunity  to  explain  shall  only  be
  presented  to  and  granted  by the officer who made the removal or such
  officer's immediate  successor,  when  the  applicant  for  the  further
  explanation shall make it appear, by affidavit:
    1.  That  on  a  further opportunity to explain, he or she can produce
  such evidence as would probably have changed the decision if it had been
  presented theretofore; and
    2.  If  such  evidence  has  been  discovered   since   the   previous
  explanation, that it is not cumulative; and
    3.  That  the  failure  to produce it at the first explanation was not
  owing to want of diligence.
    b. If upon the further explanation, the  head  of  such  agency  shall
  determine that such person has been illegally or unjustly dismissed, the
  head of such agency may, in his or her discretion, and with the approval
  in  writing  of  the  commissioner  of citywide administrative services,
  cause such person to be reinstated.
    c. The consent of the mayor shall be required when reinstatement of an
  applicant is made by the immediate successor of the  removing  official.
  It  shall  be  unlawful,  however,  for  the  immediate successor of the
  removing official to reinstate an applicant who  has  been  removed  for
  more than two years.
    d.  This  section  shall  not apply to members of the uniformed forces
  under  the  jurisdiction  of  the  police  commissioner  and  the   fire
  commissioner.