New York State Civil Service Commission Disciplinary Appeals Case Files B0501

New York State Civil Service Commission Disciplinary Appeals Case Files

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Overview of the Records

Repository:

New York State Archives
New York State Education Department
Cultural Education Center
Albany, NY 12230

Summary:

Any State employee disciplined by a penalty of demotion, dismissal, suspension without pay, or fine can appeal the determination to the Civil Service Commission or the courts. This series consists of case files of reports to the Commission usually accompanied by a hearing transcript. Reports contain a history of the appeal, charges, appellant's written answer to the charges, analysis of the record of appeal, facts of the case and conclusions determined by the Civil Service hearing officer, and his recommendations.

Creator:

New York (State). Civil Service Commission

Title:

Civil Service Commission disciplinary appeals case files

Quantity:

4 cubic feet

Inclusive Dates:

1950-1979

Series Number:

B0501

Arrangement

Organized into two subseries: 1. Pre-1972 case files; 2. Post-1972 case files.

Alphabetic by name of appellant.

Administrative History

Civil service law allows any State employee disciplined by a penalty of demotion, dismissal, suspension without pay, or fine to appeal such determination to the Civil Service Commission or the courts.

The appellant is required to file a written appeal within twenty days of receiving the written determination of his original case. The Commission reviews the record of the case and may allow the submission of additional statements or arguments by the appellant, the body whose determination is under review, or their attorneys. The Commission can and usually does designate a deputy or employee to review a case, take additional statements or arguments, and report back to the Commission.

Scope and Content Note

All case files contain reports to the Civil Service Commission usually accompanied by a transcript of a hearing conducted by a Department of Civil Service attorney. These reports identify the names of the appellant, the representative from the office whose determination is appealed, any witnesses, and the Department of Civil Service hearing officer. Reports contain a history of the appeal, the charges against the individual, the appellant's written answer to these charges, analysis of the record of appeal, the facts of the case and conclusions determined by the hearing officer, and his recommendations. Often included with the report is a transcript of testimony taken by the hearing officer, the record of the original case (including hearing transcripts, copy of charges, correspondence, and memoranda), and other correspondence and memoranda concerning the case.

Some files also contain internal commission and department memorandums discussing the case, related legal and court records, and other material such as press clippings and petitions. Cases involve a wide range of offenses including official misconduct, incompetency, non-attendance, and infringements of the Public Officers Law. Many 1950s cases involve the removal of employees for political activity under the Security Risk Law. See also Series B0506, Civil Service Commission Security Risk Program Files 1950-1960.

Related Material

B0506 Civil Service Commission Security Risk Program Files, contains related records.

Access Restrictions

This series is restricted in part by New York State Freedom of Information Law (FOIL) sections 87.2(b) and 87.2(g). State Archives staff will review requests for specific documents and disclose in accordance with FOIL.