Section 75 Hearings in New York
Knowledgeable employment lawyers Serving New York
At Nisar Law Group, P.C., we represent clients in a variety of employment law issues. Attorney Mahir Nisar and our team of New York employment lawyers have a thorough and up-to-date knowledge of federal and state employment laws. Section 75 hearings can be stressful, and it is important to have an experienced attorney on your side to walk you through the process. We will work hard to protect your interests and will help you make informed legal decisions every step of the way.
Contact our New York employment lawyers online or call (212) 600-9534 for your initial consultation.
What You Need to Know About Section 75 Hearings
The Civil Service Law section 75 sets forth regulations concerning disciplinary actions for certain public employees. Before being fired or disciplined, the public employee has a right to receive a copy of the charges and has 8 days to respond. He or she also has the right to hire legal representation for the hearing.
Who may qualify for a Section 75 hearing?
- Police detectives with at least 3 years of service
- Qualifying veterans and exempt volunteer firefighters
- Competitive class permanent appointees
- Noncompetitive class employees with at least 5 years of service
- New York City homemakers or home aids with at least 3 years of continuous service
During the Section 75 hearing, you will be able to call witnesses to testify on your behalf. A hearing officer will review and consider the case before making a decision. Qualifying employees who have been charged with misconduct or incompetence may be suspended without pay for a period of up to 30 days while the hearing and final decision are pending. Our New York employment attorneys will work diligently to build your case and advocate for your rights.
If convicted, you may face a variety of penalties. These include:
- Suspension without pay for up to 2 months
- Formal reprimand
- Fines of up to $100, to be deducted from salary or wages
- Dismissal from service
- Demotion in title or grade
These penalties are harsh, and it is important to hire efficient legal representation to fight on your behalf. If convicted, you have the right to obtain a copy of the transcript of the hearing for free. Our team can investigate the charges against you to gather evidence, and present your case at the hearing as you seek a favorable outcome.
Call Nisar Law Group, P.C. Today at (212) 600-9534
At Nisar Law Group, P.C., we have represented hundreds of clients in employment law cases. Section 75 of the New York Civil Service Law provides detailed regulations and requirements for employers to follow regarding disciplinary actions. It also lays out the specific rights of employees who have been charged with substantial incompetence or professional misconduct. If you are facing a Section 75 hearing, Attorney Mahir Nisar and our New York employment lawyers will tenaciously defend your rights.
Contact our firm today to discuss your situation with one of our aggressive legal advocates.
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Frequently Asked Questions About: Section 75 Hearings
A Section 75 hearing is a disciplinary proceeding under New York State Civil Service Law that protects certain public employees from being fired, suspended, or disciplined without due process. This law requires that before any disciplinary action can be taken against covered employees, they must be given formal charges and the right to a hearing where they can defend themselves. The hearing process is similar to a trial, where you have the right to legal representation, can call witnesses, cross-examine the employer’s witnesses, and present evidence in your defense.
Section 75 hearings are conducted by a hearing officer who listens to both sides, reviews evidence, and makes recommendations to the employing agency about what disciplinary action, if any, should be taken. The hearing officer acts as a neutral decision-maker, though the final decision ultimately rests with the employer. This process ensures that public employees can’t be fired arbitrarily and have meaningful due process protections when facing workplace discipline, which is crucial given the job security expectations that come with civil service employment.
Section 75 protects specific categories of New York public employees, primarily those in the competitive class of civil service who have completed their probationary period. This includes most career civil servants who obtained their positions through competitive examination. The law also covers certain veterans regardless of their civil service classification, some employees in the non-competitive class who have worked for at least five years, and certain other categories of public employees as defined by civil service regulations.
Not all public employees are covered by Section 75. Probationary employees, most appointed officials, employees in the exempt class, and many temporary or provisional employees typically don’t have these protections. Whether you’re covered depends on your specific job classification, how you were hired, and how long you’ve worked for the agency. If you’re unsure about your coverage, check with your union representative or HR department, as this determination is crucial for understanding your rights when facing potential discipline.
During a Section 75 hearing, you have several fundamental due process rights designed to ensure a fair proceeding. You have the right to be represented by an attorney or union representative, the right to receive detailed written charges against you with sufficient time to prepare your defense, the right to call witnesses to testify on your behalf, and the right to cross-examine any witnesses presented by your employer. You also have the right to present documentary evidence, review evidence being used against you, and make opening and closing statements to argue your case.
You’re also protected against self-incrimination and have the right to remain silent, though this can sometimes be complicated in employment contexts where your job duties may require cooperation with investigations. The hearing must be conducted fairly and impartially, and you have the right to a complete record of the proceedings. If you believe the hearing officer is biased or the process is unfair, you have the right to object and raise these issues both during the hearing and in any subsequent appeals. These rights are designed to ensure that you receive a fair opportunity to defend yourself before any disciplinary action is taken.
The length of a Section 75 hearing varies significantly depending on the complexity of the charges, the amount of evidence involved, and the number of witnesses. Simple cases with straightforward charges might be completed in one or two hearing sessions lasting a few hours each, while complex cases involving multiple charges, numerous witnesses, or extensive documentation can take weeks or even months to complete. The hearing doesn’t necessarily occur on consecutive days – sessions are often scheduled around the availability of the hearing officer, attorneys, and witnesses.
After the hearing concludes, the hearing officer typically has 30 to 60 days to issue their written decision and recommendations, though this timeline can vary depending on the case complexity and the hearing officer’s other commitments. The employing agency then has additional time to review the recommendations and make their final decision. From start to finish, the entire Section 75 process often takes several months to over a year. During this time, you may be suspended with or without pay depending on the nature of the charges and agency policies, making it important to understand your rights regarding pay and benefits during the proceeding.
Whether you can be suspended without pay before your Section 75 hearing depends on the specific charges against you and your agency’s policies. Generally, most employees facing Section 75 charges are entitled to remain on the job or be suspended with pay pending the outcome of their hearing, as the presumption is that you’re innocent until proven guilty. However, there are exceptions for cases involving serious misconduct, criminal charges, or situations where your continued presence might interfere with the investigation or pose a risk to others.
If you are suspended without pay, this should be based on specific justifiable reasons related to the charges, and you should receive written notice explaining why the suspension without pay is necessary. You have the right to challenge a suspension without pay as part of your Section 75 proceeding or through separate legal action if the suspension appears unjustified. In many cases, if you’re ultimately cleared of the charges or receive a lesser penalty, you may be entitled to back pay for the period of suspension. The rules around suspension can be complex and vary by agency, so it’s important to understand your specific situation and rights.
Section 75 hearings operate under more relaxed rules of evidence than criminal courts, meaning a broader range of evidence can be presented and considered. You can present witness testimony, documentary evidence like emails, reports, personnel records, and other written materials, physical evidence relevant to the charges, expert testimony when appropriate, and character witnesses who can speak to your work performance and reputation. The hearing officer has discretion to determine what evidence is relevant and reliable, though both sides generally have wide latitude to present their case.
The employer bears the burden of proving the charges against you, so they must present evidence supporting their allegations of incompetency or misconduct. You can challenge their evidence through cross-examination, present contradictory evidence, and argue that their evidence doesn’t support the charges. You can also present mitigating evidence that might reduce any penalty even if some misconduct is found, such as your years of good service, personal circumstances that contributed to the problem, or steps you’ve taken to address the issues. The key is to present a comprehensive defense that either disproves the charges or demonstrates that termination or severe discipline is not warranted.
Preparing for your Section 75 hearing requires careful organization and strategic planning. Start by thoroughly reviewing the charges against you and gathering all relevant documents, including personnel files, emails, reports, policies, and any other materials that might support your defense. Identify potential witnesses who can testify on your behalf, including coworkers who observed relevant events, supervisors who can speak to your work performance, or experts who can challenge the employer’s evidence. Work with your attorney or union representative to develop a coherent defense strategy that addresses each charge specifically.
Practice your testimony if you plan to testify, prepare your witnesses for what they’ll be asked, and organize your evidence in a logical, persuasive manner. Understand the specific policies or procedures that are allegedly violated and be prepared to explain why your actions were justified, authorized, or not violations at all. Consider what mitigating factors might be relevant even if some misconduct is found, such as your length of service, previous disciplinary record, or personal circumstances. Don’t underestimate the importance of preparation – Section 75 hearings can determine your entire career, so investing time and effort in building the strongest possible defense is crucial for protecting your livelihood and reputation.
Yes, you typically have the right to appeal an adverse Section 75 hearing decision, though the specific appeal procedures depend on your agency and jurisdiction. Most appeals go first to the appropriate civil service commission, which reviews the hearing officer’s recommendations and the agency’s final decision to determine if they were supported by substantial evidence and followed proper procedures. You usually have a limited time period, often 30 days, to file your appeal after receiving the final disciplinary decision.
If you’re unsuccessful at the civil service commission level, you may be able to appeal to state court through an Article 78 proceeding, which challenges the agency’s decision as arbitrary, capricious, or unsupported by substantial evidence. Court appeals have strict time limits and procedural requirements, and success often depends on showing that the hearing process was fundamentally unfair or that the decision was not supported by the evidence presented. Some collective bargaining agreements provide additional appeal rights through arbitration. Given the complexity of these appeals and the strict deadlines involved, it’s important to consult with an experienced attorney immediately after receiving an adverse decision to understand your options and preserve your appeal rights.
Section 75 hearings can result in a wide range of disciplinary penalties depending on the severity of the charges and the hearing officer’s findings. The mildest penalties include written reprimands or counseling, which go in your personnel file but don’t affect your pay or position. More serious penalties include fines deducted from your salary, suspensions without pay for specific periods, demotion to a lower position with reduced pay and responsibilities, or in the most serious cases, termination from employment.
The penalty should be proportional to the misconduct found and take into account factors like the severity of the offense, your disciplinary history, length of service, and any mitigating circumstances. Hearing officers often consider what’s called the “Douglas factors” in federal employment or similar progressive discipline principles in state and local government. Even if some misconduct is found, you can argue for the minimum penalty necessary, especially if you have a long record of good service or if there were extenuating circumstances. The goal is often to correct behavior rather than punish, so penalties that include training, counseling, or close supervision might be more appropriate than termination for first-time or minor offenses.
While you’re not required to have a lawyer for your Section 75 hearing, having experienced legal representation is highly recommended given what’s at stake – your job, career, and financial security. Section 75 hearings involve complex legal and procedural issues, rules of evidence, and strategic considerations that can significantly impact the outcome. An experienced employment attorney understands how to challenge the employer’s evidence, present your defense effectively, cross-examine witnesses, and argue for minimal penalties even if some misconduct is found. They also know the common mistakes that can hurt your case and how to avoid them.
If you can’t afford a private attorney, you may have the right to union representation if you’re a union member, and your union may provide an attorney or experienced representative for Section 75 hearings. Some unions have lawyers who specialize in these proceedings and understand the specific rules and procedures involved. Even if you have union representation, you might want to consult with a private attorney for a second opinion, especially in serious cases that could result in termination. Given that Section 75 hearings can determine your entire career trajectory, investing in quality legal representation is often worth the cost to ensure you receive the best possible defense and outcome.
