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

 
    § 14-125 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 from the mayor his or her 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 him or her to the rank from which he or
  she was reduced, as the case may be, and allow him or her 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 the
  commissioner 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  him  or  her  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 his or her 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.