Generally, hearings and appeals on such matters as: (a) Determinations by appointing authorities made after medical/physical examinations by the Department of Civil Service's Employee Health Service; (b) Job classification and salary allocation determinations by the Department of Civil Service's Division of Classification and Compensation; (c) Disqualifications of examination applicants and individuals on eligible lists by the Department of Civil Service's Staffing and Testing Services Divisions and Investigations Unit.

Specific Sections of the Civil Service Law:

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CSL section 6(5) - This Section provides a general right to appeal many types of final administrative determinations of the Department of Civil Service. Certain types of appeals have specific authorizations in the CSL and Rules, as set forth below.

 

CSL section 120(2) and 130(5)(b) - Appeals from determinations of the Department of Civil Service's Director of Classification and Compensation regarding the classification and/or salary allocation of positions in the State classified service.

 

CSL section 72 - Appeals from determinations of appointing authorities placing employees on involuntary leave for ordinary disability or denying individuals reinstatement from such leave.

 

CSL section 76 - Appeals from determinations in disciplinary actions brought pursuant to CSL section 75 against New York State employees serving in positions designated Managerial/Confidential (M/C).

 

CSL section 71 and Classified Service Rules section 5.9(e) [Title 4 of New York Code, Rules and Regulations] - Appeals from determinations of EHS denying restoration to duty for employees following termination from employment due to an occupational illness or disease (Workers Compensation leave).

 

Commission's Regulations section 55.4(b) [Title 4 of New York Code, Rules and Regulations] - Appeals are not possible where the Commission has given prior approval of the examination rating key (list of correct answers).

 

President's Regulations section 66.4 [Title 4 of New York Code, Rules and Regulations] - Appeals of candidate disqualifications from examination or appointment by the Department of Civil Service's Investigations Unit.

 

PLEASE NOTE: The commission does not hear appeals such as:

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1. Final determinations of local civil service commissions or personnel officers, including local employee disciplinary matters;

2. Probationary terminations of state employees (Decisions to terminate the employment of a probationer are made by the employee's appointing authority and are not appealable to the Commission);

3. Matters related to the internal management of the Department of Civil Service;

4. Matters related to administration of the New York State Health Insurance Program (NYSHIP) for eligible employees, dependent beneficiaries, or covered retirees;

5. Actions or determinations that have been approved in advance by the Commission, including examination rating keys (answers) that have received prior approval;

6. Complaints from inmates of local and state correctional facilities;

7. State employee labor-management matters that must be addressed through the collective bargaining process, such as grievances commenced under provisions of the State collective bargaining agreements (contracts) or salary disputes;

8. Determinations of disciplinary actions brought against state employees pursuant to provisions of collective bargaining agreements (contracts);

9. Matters where the Department of Civil Service has not yet issued its final determination;

10. Employment discrimination matters within the jurisdiction of the New York State Division of Human Rights and/or federal Equal Employment Opportunity Commission.