Page 92 - 2016-2021-ISU

Article 33

Discipline

§33.1 (a) Eligibility
The following disciplinary procedure for incompetency or misconduct

shall apply to all employees as provided herein in lieu of the procedure
specified in the Civil Service Law Sections 75 and 76. This entire

disciplinary procedure shall apply to all persons currently subject to
Sections 75 and 76 of the Civil Service Law and, in addition, shall apply to

any permanent non-competitive class employees described in Section
75(1)(c) and to permanent labor class employees who, since last entry into

State service, have completed at least one year continuous service in the
State classified service, except that approved leaves of absence or

reinstatement within one year of resignation shall not constitute an
interruption of such service. The disciplinary procedure provided herein is

not applicable to review the removal of an employee from a probationary
appointment.

§33.1 (b) Definitions
As used in this Article, “days” shall mean calendar days.

“Service” shall be complete upon personal delivery or, if by registered or
certified mail, return receipt requested and concurrent first-class mailing,

it shall be complete 10 business days from mailing if the concurrent first
class mailing is not returned to the appointing authority.

As used in this Article, “appointing authority” shall include the agency
that currently employs an employee of this unit and any agency where such

employee was formerly employed.
§33.2 Employee Rights

(a) Representation
(1) An employee shall be entitled to representation by CSEA at each

step of the disciplinary procedure, or by private counsel selected at his or

her own expense.
(2) CSEA representation may include both a grievance representative

and the CSEA Local President or, where the Local President is absent from
work, his or her designee, and a CSEA staff representative; however, the

absence of the two additional representatives shall not unreasonably delay
an interrogation and/or the request to sign a statement made pursuant to

this section.

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