New York NYPD Trial Room Lawyer
After the Revolution, New York became a state and George Clinton was elected its first Governor in 1777. In 1829, President Andrew Jackson announced a policy he called “rotation in office,” but which later came to be known as the “spoils system.” George Plunkitt, a local leader of New York City’s Democratic Party, defended the spoils system. “You can’t keep an organization together without patronage,” he declared. “Men ain’t in politics for nothin’. They want to get somethin’ out of it.”
The “spoils system” where “officials” and “employees” were appointed to carry on the functions of the new government, of course those appointments were made by the “party in power” such appointments were made as political paybacks to people who supported the “party in power.” The appointments had nothing to do with being “qualified.”
In 1881, after President James A. Garfield was assassinated by Charles J. Guiteau that led to a public outcry for reform and an end to the “spoils system.” In 1883, the Pendleton Act was enacted, establishing a federal merit-based system of selecting government officials and supervising their work. In 1884, New York became the first state to adopt a merit-based civil service system for state workers. In 1894, New York inserted the “merit and fitness” requirement into the Constitution.
New York Civil Service Law is largely governed by two principles – the state’s Constitution’s “merit and fitness” requirements and a civil servant’s “property interest” in his/her continued employment. Operating on these two principles, civil service job offers and promotions must be based upon “merit” and permanent civil service employment may not be terminated without a hearing. The Sanders Firm, P.C., is available to advise and represent employees alleging violations of the civil service law.
Property Interest
Permanent civil servants have “property interests” in their employment. Thus, a permanent civil servant shall not be removed or otherwise subjected to any disciplinary penalty except for incompetency or misconduct shown after a hearing upon stated charges pursuant to §75 of the New York State Civil Service Law. Probationary or provisional civil servants do not have “property interests” in their employment thus can be removed, disciplined or otherwise discharged without a hearing or cause shown.
Discipline of Members
The police commissioner shall have the power in his/her discretion to discipline members of the service. §14-115 of the N.Y.C. Admin Code. Members of the service shall be fined, reprimanded, removed, suspended or dismissed from the force only on written charges made or preferred against them, after such charges have been examined, heard and investigated by the police commissioner or one of his/her deputies §14-115, such formal Charges and Specifications are prosecuted by the Department Advocate’s Office and adjudicated through the Deputy Commissioner Trials in the Trial Room in One Police Plaza, 4th Floor. §1046 of the N.Y.C. Code.
The police commissioner, and his/her deputies shall have the power to issue subpoenas, attested in the name of the police commissioner and to exact and compel obedience to any order, subpoena or mandate issued by them and to that end may institute and prosecute any proceedings or action authorized by law in such cases. §14-137 of the N.Y.C. Admin Code.
The Deputy Commissioner Trials or his/her designee shall make final findings of fact and shall draft a report and recommendation that will be forwarded to the police commissioner for review. §1046 of the N.Y.C. Code. The police commissioner may adopt, reject or modify any such recommended decision, determination or order. §1046.
If the member of the service is found guilty, the police commissioner may impose penalties ranging from “warned and admonishment” to dismissal from the police force. §14-115 of the N.Y.C. Admin Code. The police commissioner may suspend judgment and place the member of the service on dismissal probation not exceeding one year. §14-115. The police commissioner may also suspend a member of the service without pay, not exceeding thirty days. §14-115. All such forfeitures shall be paid forthwith into the police pension fund. §14-115.
Members of the service may appeal adverse decisions by filing an Article 78 with the Supreme Court of the State of New York.
If you feel that you’ve had your civil service rights violated, or would like to have an attorney review your documents to ensure that your rights are protected, contact the New York NYPD Trial Room Lawyer at The Sanders Firm, P.C., 800-371-4835, today.
