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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111527
Experience:  20+ Years of Employment Law Experience
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I am on a small parttime police department in NY there are

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I am on a small parttime police department in NY there are no civil service exams for promotion. the chief was grandfathered in and recently he decided to remove me back to patolman frm capt, and appoint another to asst chief who has never been on a civil service list in his life. NYS vil service law says you cannot promote anyone unless they have come from a nys civil service list at one time, which I retired from one or you have to be a retired member of the NYS Police Please advise
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your department is not under civil service though, is that what you stated above? So if it is not under civil service, the civil service rules do not apply. So the first thing you have to determine is if your particular department is in the civil service system.
Customer: replied 1 year ago.
We are under nys civil service law and check section 58
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I was just making sure your department was under Article 58.
If the department is not complying with the hiring and promotional requirements pursuant to Article 58 (http://codes.lp.findlaw.com/nycode/CVS/IV/A/58), you would have to file a complaint through the state civil service commission first and if they deny your complaint then you have to file to the state supreme court civil division for your department's non-compliance.
I am not copying and pasting the law here, but the link is above, and you are correct that the person promoted must meet those qualifications and failure to do so would be cause for the civil service commission to remove the person as not qualified. You could only sue for your demotion, however, if you were in a permanent position or non-appointed position or if they demoted you based only on age/race/sex/disability/national origin. Any other reason for the demotion of a non-permanent employee is allowed and you cannot challenge, but you can file a complaint about appointment of an unqualified individual pursuant to Article 58.

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