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following a suspension, a notice of discipline shall be served on such
employee or such employee shall be reinstated with back pay. Where the
employee, who is charged with the commission of a crime, is temporarily
reassigned, the notice of discipline shall be served on such employee within
fourteen (14) days after the disposition of the criminal charges as provided
in the Criminal Procedure Law of the State of New York or the employee
shall be returned to his or her regular assignment. Nothing in this
paragraph shall limit the right of the appointing authority or his or her
designee from taking disciplinary action while criminal proceedings are
pending. Nothing in this paragraph shall preclude the application of the
provisions in Article 33.3(j) sections 9 thru 11.
(d) Penalty
(1) The penalty proposed by the appointing authority or the appointing
authority’s designee may not be implemented until (a) the employee fails
to file a grievance within twenty-one (21) calendar days of the service of
the notice of discipline, or (b) having filed a grievance, the employee elects
not to pursue it, or (c) the penalty is upheld by the disciplinary arbitrator or
a different penalty is determined by the arbitrator to be appropriate, or (d)
the matter is settled.
(2) At any time during the disciplinary procedure after a timely
grievance has been filed, the employee may elect in writing to the
appointing authority or his or her designee, the agency or department head
or his or her designee, or the Panel Administrator that he or she elects not
to pursue the grievance. In such event, the proposed penalty may be
implemented.
(e) Grievance
(1) If not settled or otherwise resolved, the notice of discipline may be
the subject of a grievance before the department or agency head and shall
be filed either in person or by email where available and by first-class mail,
by the employee or CSEA within twenty-one (21) calendar days of service
of the notice of discipline.
(2) The timely filing of such a grievance shall constitute a demand for
arbitration unless the grievance is settled or the employee elects not to
pursue it.
(3) The filing of such a grievance shall be complete on (a) the date on
which it is personally delivered or emailed or, (b) the date of mailing by
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