2006 New York Code - Appeals From Determinations In Disciplinary Proceedings.

 
    § 76. Appeals  from  determinations  in  disciplinary  proceedings. 1.
  Appeals.   Any officer or employee  believing  himself  aggrieved  by  a
  penalty  or  punishment of demotion in or dismissal from the service, or
  suspension  without  pay,  or  a  fine,  or   an   official   reprimand,
  unaccompanied  by  a remittance of said officer or employee's prehearing
  suspension without pay, imposed pursuant to the  provisions  of  section
  seventy-five  of this chapter, may appeal from such determination either
  by  an  application  to  the  state  or  municipal   commission   having
  jurisdiction,  or  by an application to the court in accordance with the
  provisions of article seventy-eight of the civil practice law and rules.
  If such person elects to appeal to such  civil  service  commission,  he
  shall  file  such  appeal in writing within twenty days after service of
  written notice of the determination to be reviewed, such written  notice
  to  be  delivered  personally  or  by  registered mail to the last known
  address of such person and when notice is given by registered mail, such
  person shall be allowed an additional three days in which to  file  such
  appeal.
    2.  Procedure  on  appeal.  Where  appeal  is  taken  to  the state or
  municipal commission having jurisdiction, such commission  shall  review
  the  record  of  the  disciplinary  proceeding and the transcript of the
  hearing, and shall determine such appeal on the basis of such record and
  transcript and such oral or  written  argument  as  the  commission  may
  determine.  The commission may direct that such appeal shall be heard by
  one or more members  of  the  commission  or  by  a  person  or  persons
  designated  by  the  commission  to  hear such appeal on its behalf, who
  shall report thereon with recommendations to the commission.  Upon  such
  appeal  the  commission  shall  permit the employee to be represented by
  counsel.
    3. Determination on appeal. The determination  appealed  from  may  be
  affirmed,  reversed,  or modified, and the state or municipal commission
  having jurisdiction may, in its discretion, direct the reinstatement  of
  the appellant or permit the transfer of such appellant to a vacancy in a
  similar  position  in another division or department, or direct that his
  name be placed upon a preferred list pursuant to section  eighty-one  of
  this  chapter.  In  the  event  that  a  transfer  is  not effected, the
  commission is empowered to direct the reinstatement of such  officer  or
  employee.    An  employee  reinstated pursuant to this subdivision shall
  receive the salary or compensation he would have been entitled by law to
  have received in his position for the period of  removal  including  any
  prior  period  of  suspension  without  pay,  less  the  amount  of  any
  unemployment insurance benefits he may have received during such period.
  The decision of  such  civil  service  commission  shall  be  final  and
  conclusive, and not subject to further review in any court.
    4.  Nothing  contained  in section seventy-five or seventy-six of this
  chapter shall be construed to repeal or modify any general,  special  or
  local  law or charter provision relating to the removal or suspension of
  officers or employees in the competitive class of the civil  service  of
  the  state  or  any  civil  division. Such sections may be supplemented,
  modified or replaced by agreements negotiated between the state  and  an
  employee  organization  pursuant  to  article  fourteen of this chapter.
  Where such sections are  so  supplemented,  modified  or  replaced,  any
  employee against whom charges have been preferred prior to the effective
  date of such supplementation, modification or replacement shall continue
  to  be  subject  to  the provisions of such sections as in effect on the
  date such charges were preferred.