CIVIL SERVICE APPEALS
The Sanders Firm, P.C.: New York Civil Service Appeals Lawyer
The Sanders Firm, P.C. in New York City handles civil service appeals. Many civil service appeals go through the New York City Civil Service Commission (“CSC”), which is an independent, “quasi-judicial” agency authorized pursuant to Chapter 35, §813 of the New York City Charter. They may hear and decide appeals of agency determinations pursuant to §50 and §76 of the New York State Civil Service Law. The CSC may also hear and decide appeals of agency determinations pursuant to §72 of the New York State Civil Service Law when so designated by the Department of Citywide Administrative Services (“DCAS”)
The Appeals Process
If you feel you have an appeal related to civil service law, The Sanders Firm, P.C. will work with you to file and represent you throughout that appeal. Civil service law is a highly specialized field that requires experience as well as well as knowledge.
The CSC hears and decides appeals of three types of agency determinations:
- §50 Candidate Disqualifications
- §76 Adverse Discipline
- §72 Involuntary Medical Leave aka Medical Separations
The process of filing an appeal includes submitting written documentation that includes all necessary paperwork in relationship to the appeal. Thus, if you are appealing candidate disqualifications, adverse discipline or involuntary medical leave, you must include the reports associated with those decisions. These documents are reviewed as is all evidence submitted by the appellant.
At its own discretion, the CSC may decide to schedule an evidentiary hearing. Such a hearing is designed to give the appellant a chance to explain their appeal and offer facts in opposition to the prior decision that was made. In the hearing, those who originally made the decision appealed may be on-hand to explain and defend their determination.
If an evidentiary hearing is scheduled, the appellant will be notified by mail. After the hearing and a review of the arguments, documents, and the record of the appeal, the CSC will issue a written decision. There is no specific time for rendering such a decision, but the CSC will do so as soon as it is practically possible. Both parties are informed of their decision by mail. In its decision, the CSC may modify, affirm, reverse or remand the original determination.
Representation in Cases Heard by the CSC
The CSC does not require that those involved in the civil service appeals process utilize a lawyer. However, the CSC does recommend that those filing an appeal obtain the services of an attorney. As the CSC notes, the appeals process is complicated and involves complex issues of law that are best handled by a qualified civil service lawyer.
Of special note are areas in which the CSC does not hear appeals. The CSC does not have jurisdiction to hear and decide appeals filed by uniformed NYPD police officers disciplined pursuant to 14-115 of the N.Y.C. Admin. Code. Matter of Montella v. William J. Bratton, 93 N.Y.2d 424 (1999), nor does it have jurisdiction to hear and decide appeals filed by uniformed FDNY firefighters disciplined pursuant to 15-113 of the N.Y.C. Admin. Code. Matter of Thomas Von Essen v. New York City Civil Service Commission, 4 N.Y.3d 220 (2005).
If you have questions regarding a possible civil service appeal, contact The Sanders Firm, P.C. in New York City and we will gladly listen to and review your case. The Sanders Firm, P.C., is your voice for justice.