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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
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.

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