New York OATH 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
There shall be an office of administrative trials and hearings (OATH) which shall conduct adjudicatory hearings for all agencies of the city unless otherwise provided for by executive order, rule, law or pursuant to collective bargaining agreements. §1048 of the N.Y.C. Code.
Employees shall be fined, reprimanded, removed, suspended or dismissed from city service only on written charges made or preferred against them. §75 of the New York State Civil Service Law. Cases are prosecuted by the agency attorneys its designees and adjudicated through OATH 40 Rector Street New York, N.Y. §1046 of the N.Y.C. Code.
The hearing officer shall have the power to issue subpoenas. §1046. The hearing officer shall make final findings of fact and shall draft a report and recommendation that will be forwarded to the agency head for review. §1046. The agency head may adopt, reject or modify any such recommended decision, determination or order. §1046.
If the employee is found guilty, the agency head may impose penalties ranging from “warned and admonishment” to dismissal from city service. §1046.
Employees 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 OATH Lawyer at The Sanders Firm, P.C., 800-371-4835, today.
