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(5) The notice of discipline served on the employee shall be

accompanied by a written statement that:

• the employee has a right to object by filing a grievance within
twenty-one (21) days;

• the grievance procedure provides for a hearing by an independent
arbitrator as its final step;

• he or she is entitled to representation by CSEA at every step of the

proceeding, or by private counsel selected at his or her own expense;
• if a grievance is filed, no penalty can be implemented until the

matter is settled or the arbitrator renders a determination;
• a copy of this Article shall be supplied.

(6) In the case of an employee who speaks only Spanish, this written

statement shall also be given in a Spanish translation.
(7) If an employee is not able to personally sign and file a disciplinary

grievance, CSEA may, at the employee’s request, submit such grievance
on the employee’s behalf. Provided, however, that within twenty-one (21)

days of submission, the employee in question must appear to sign the
grievance form or CSEA must produce documentation supporting any

reason as to why the employee could not appear. Should neither of these
actions occur, the grievance shall be deemed void after twenty-one (21)

days.
(b) Statute of Limitations

(1) An employee shall not be disciplined for acts, except those which
would constitute a crime, which occurred more than one (1) year prior to

the notice of discipline.
(2) In those cases where such acts are alleged to constitute a crime, a

notice of discipline must be served no later than the period set forth for the
commencement of a criminal proceeding against a public employee in the

Criminal Procedure Law of the State of New York.
(c) Service of Notice of Discipline

(1) A notice of discipline shall be served in accordance with this
section no later than fourteen (14) days following any suspension without

pay or temporary reassignment.
(2) The appointing authority or his or her designee, at his or her

discretion, may suspend without pay or temporarily reassign an employee

charged with the commission of a crime. Within thirty (30) calendar days

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