Does it matter how long I have been with the City?
You have more rights, more legal protection, if you are a permanent employee, because you have earned a constitutionally-protected "property interest" in your job. The City cannot discipline a permanent employee except for "legal cause," which means that your conduct must have "impaired the efficiency and orderly operation of the public service" and have been "reasonably and substantially" job-related. Non-permanent employees have less protection; the City may not even give you a reason for ending your employment. While the City must always follow Civil Service rules (this is why it is a good idea to have a copy of those rules), it must give permanent employees constitutional "due process" rights. These include adequate advance notice, with enough detail for you to defend yourself on appeal, and an opportunity to contest the charges before the discipline is imposed. The City also cannot punish you twice for the same thing (for example, it cannot suspend you for a definite time period, then later decide to fire you for it).
If you decide to appeal, you must do so:
In writing. Civil Service has simple forms that you can fill out and file on your own if you have no lawyer to do it for you. You can also write out a letter and file that. Whatever you do, be sure that you keep a copy of what you file, and be sure that your copy is "date-stamped" so you have proof of when you filed your appeal.
On time. Your appeal should generally be filed within 30 days of the date of the disciplinary action letter. If you are appealing discrimination, you may have to file earlier, within 30 days of the act of discrimination you are appealing. If your appeal is late because of something beyond your control (for example, the letter did not tell you how long you had to appeal and you did not know the time period, or because civil service lost your appeal), go ahead and file your appeal and try to get a lawyer to help you. The City's lawyers will try to get your appeal dismissed as being too late.
With details of discrimination or retaliation, if that is part of your appeal. Civil Service rules require you to be very specific and to give details in your appeal. You should describe what happened in detail, and give names and dates and specifics about how the discrimination or retaliation happened. If you have already filed an appeal but did not provide these details, you have the right to amend (add to) your appeal, and you should do so as soon as possible. If you wait until your hearing to bring it up, the hearing officer will generally not let you discuss it.
You have quite a few rights, including the right to:
Answer any motion filed by the City against you;
Speak at any hearing;
Bring witnesses or documents to the hearing;
Have witnesses or documents brought by order (a "subpoena" that requires you to complete certain forms well before the hearing);
Postpone the hearing when necessary (you have to ask the hearing examiner in advance and he or she may refuse if you do not have a good reason);
Have a decision made in a reasonable period of time (while Civil Service rules require the Commission to make a decision within 90 days of receiving the record from the hearing examiner, the courts are not likely to give you any relief unless the delay beyond 90 days is very long); and
Be represented by a lawyer (you may find a private attorney by checking the yellow pages, or you may be eligible for free legal services from a program near you).
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