November 18, 2011

Notice required before candidate is disqualified


Notice required before candidate is disqualified
Matter of Ferrine, 75 AD2d 669

Section 50.4 of the Civil Service Law requires notice of the reasons for the disqualification of a person by the Civil Service Department or Municipal Commission to be given to the candidate, together with an opportunity to give an explanation.

When the employee is not afforded the opportunity to submit facts in opposition to the disqualification, the dismissal was held unlawful and the employer was ordered to reinstate the employee with back salary.

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