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§ 75. Removal and other disciplinary action. 1. Removal and other
disciplinary action. A person described in paragraph (a) or paragraph
(b), or paragraph (c), or paragraph (d), or paragraph (e) of this
subdivision shall not be removed or otherwise subjected to any
disciplinary penalty provided in this section except for incompetency or
misconduct shown after a hearing upon stated charges pursuant to this
section.
 (a) A person holding a position by permanent appointment in the
competitive class of the classified civil service, or
 (b) a person holding a position by permanent appointment or employment
in the classified service of the state or in the several cities,
counties, towns, or villages thereof, or in any other political or civil
division of the state or of a municipality, or in the public school
service, or in any public or special district, or in the service of any
authority, commission or board, or in any other branch of public
service, who was honorably discharged or released under honorable
circumstances from the armed forces of the United States having served
therein as such member in time of war as defined in section eighty-five
of this chapter, or who is an exempt volunteer firefighter as defined in
the general municipal law, except when a person described in this
paragraph holds the position of private secretary, cashier or deputy of
any official or department, or
 (c) an employee holding a position in the non-competitive class other
than a position designated in the rules of the state or municipal civil
service commission as confidential or requiring the performance of
functions influencing policy, who since his last entry into service has
completed at least five years of continuous service in the
non-competitive class in a position or positions not so designated in
the rules as confidential or requiring the performance of functions
influencing policy, or
  (d) an employee in the service of the City of New York holding a
position as Homemaker or Home Aide in the non-competitive class, who
since his last entry into city service has completed at least three
years of continuous service in such position in the non-competitive
class, or
 (e) an employee in the service of a police department within the state
of New York holding the position of detective for a period of three
continuous years or more; provided, however, that a hearing shall not be
required when reduction in rank from said position is based solely on
reasons of the economy, consolidation or abolition of functions,
curtailment of activities or otherwise.
 2. Procedure. An employee who at the time of questioning appears to be
a potential subject of disciplinary action shall have a right to
representation by his or her certified or recognized employee
organization under article fourteen of this chapter and shall be
notified in advance, in writing, of such right. A state employee who is
designated managerial or confidential under article fourteen of this
chapter, shall, at the time of questioning, where it appears that such
employee is a potential subject of disciplinary action, have a right to
representation and shall be notified in advance, in writing, of such
right. If representation is requested a reasonable period of time shall
be afforded to obtain such representation. If the employee is unable to
obtain representation within a reasonable period of time the employer
has the right to then question the employee. A hearing officer under
this section shall have the power to find that a reasonable period of
time was or was not afforded. In the event the hearing officer finds
that a reasonable period of time was not afforded then any and all
statements obtained from said questioning as well as any evidence or
information obtained as a result of said questioning shall be excluded,
provided, however, that this subdivision shall not modify or replace any
written collective agreement between a public employer and employee
organization negotiated pursuant to article fourteen of this chapter. A
person against whom removal or other disciplinary action is proposed
shall have written notice thereof and of the reasons therefor, shall be
furnished a copy of the charges preferred against him and shall be
allowed at least eight days for answering the same in writing. The
hearing upon such charges shall be held by the officer or body having
the power to remove the person against whom such charges are preferred,
or by a deputy or other person designated by such officer or body in
writing for that purpose. In case a deputy or other person is so
designated, he shall, for the purpose of such hearing, be vested with
all the powers of such officer or body and shall make a record of such
hearing which shall, with his recommendations, be referred to such
officer or body for review and decision. The person or persons holding
such hearing shall, upon the request of the person against whom charges
are preferred, permit him to be represented by counsel, or by a
representative of a recognized or certified employee organization, and
shall allow him to summon witnesses in his behalf. The burden of proving
incompetency or misconduct shall be upon the person alleging the same.
Compliance with technical rules of evidence shall not be required.
 3. Suspension pending determination of charges; penalties. Pending
the hearing and determination of charges of incompetency or misconduct,
the officer or employee against whom such charges have been preferred
may be suspended without pay for a period not exceeding thirty days. If
such officer or employee is found guilty of the charges, the penalty or
punishment may consist of a reprimand, a fine not to exceed one hundred
dollars to be deducted from the salary or wages of such officer or
employee, suspension without pay for a period not exceeding two months,
demotion in grade and title, or dismissal from the service; provided,
however, that the time during which an officer or employee is suspended
without pay may be considered as part of the penalty. If he is
acquitted, he shall be restored to his position with full pay for the
period of suspension less the amount of any unemployment insurance
benefits he may have received during such period. If such officer or
employee is found guilty, a copy of the charges, his written answer
thereto, a transcript of the hearing, and the determination shall be
filed in the office of the department or agency in which he has been
employed, and a copy thereof shall be filed with the civil service
commission having jurisdiction over such position. A copy of the
transcript of the hearing shall, upon request of the officer or employee
affected, be furnished to him without charge.
 3-a. Suspension pending determination of charges and penalties
relating to police officers of the police department of the city of New
York. Pending the hearing and determination of charges of incompetency
or misconduct, a police officer employed by the police department of the
city of New York may be suspended without pay for a period not exceeding
thirty days. If such officer is found guilty of the charges, the police
commissioner of such department may punish the police officer pursuant
to the provisions of sections 14-115 and 14-123 of the administrative
code of the city of New York.
 4. Notwithstanding any other provision of law, no removal or
disciplinary proceeding shall be commenced more than eighteen months
after the occurrence of the alleged incompetency or misconduct
complained of and described in the charges or, in the case of a state
employee who is designated managerial or confidential under article
fourteen of this chapter, more than one year after the occurrence of the
alleged incompetency or misconduct complained of and described in the
charges, provided, however, that such limitations shall not apply where
the incompetency or misconduct complained of and described in the
charges would, if proved in a court of appropriate jurisdiction,
constitute a crime.

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