2006 New York Code - Rehearing Of Charges; Reinstatement Of Members Of Department.

 
    § 15-115 Rehearing of charges; reinstatement of members of department.
  a.  Upon  written  application  to  the  mayor  by the person aggrieved,
  setting forth the reasons for demanding such rehearing, the commissioner
  may rehear the charges upon which a member or a probationary  member  of
  the  uniformed  force  has  been  dismissed,  or  reduced  from the rank
  theretofore held by him or her. Such person or persons shall be required
  to waive in writing all claim against the city for back  pay  and  shall
  obtain  the  mayor's  consent  to  such rehearing, such consent to be in
  writing and to state the reasons why such charges should be reheard.
    b. Such application for a rehearing shall be made within one year from
  the date of the removal or reduction in rank.
    c. If the commissioner shall  determine  that  such  member  has  been
  illegally  or  unjustly  dismissed  or  reduced,  the  commissioner  may
  reinstate such member or restore such member to the rank from  which  he
  or  she was reduced, as the case may be, and allow such member the whole
  of his or her time since such dismissal to be applied on his or her time
  of service in the department, or the commissioner may grant  such  other
  or  further  relief as he or she may determine to be just, or may affirm
  the dismissal or  reduction,  as  he  or  she  may  determine  from  the
  evidence.
    d.  If  the  applicant be a probationary member of the department, the
  commissioner may allow such probationary member the time already  served
  as  a  probationary  member to count as time served, but shall not allow
  the time between the date of his or her  dismissal  and  restoration  to
  count as service in the department.
    e.  Employees  of  the  department,  not  entitled  to  a trial before
  dismissal, and who were given an opportunity to explain  charges  before
  they were removed, may apply to the mayor, within one year from the date
  of the order separating them from the service, for a further opportunity
  to explain, setting forth the reasons for such action. The mayor, in his
  or  her  discretion,  may  grant  such  application.  The  commissioner,
  thereupon, shall afford a further opportunity to the dismissed  employee
  to  explain  the  charges filed against him or her, on which the removal
  was based. Thereafter the commissioner, in his or  her  discretion,  may
  reinstate the dismissed employee or reaffirm the previous removal. Prior
  to  any  reinstatement  hereunder,  such  former  employee  shall file a
  written statement waiving all  claim  or  claims  for  back  salary  and
  damages of any kind whatsoever.