Hiring, Firing and Discipline Hiring, Firing and Discipline in a Civil Service Environmentin a Civil Service Environment

Stephen EstesDeputy Commissioner

Tompkins County Personnel

Tompkins County

PERSONNEL DEPARTMENT125 E. Court St.

Ithaca, New York 14850-4284(607) 274-5526

Why do we have civil service?Why do we have civil service?

1777 to 1883• “To the victor belong

the spoils”• The “spoils system”

was strictly political• Patronage/nepotism

were rampant• Employees had no

rights

1883 to Present• Merit and fitness

system created• Must meet specific

qualifications• Patronage/nepotism

limited by exam and/or qualification

• Civil Service law provides rights

THE NYS CONSTITUTIONTHE NYS CONSTITUTION

S 6. Appointments and promotions in the civil service of the state and all of the civil divisions thereof,including cities and villages, shall be made according to merit and fitness to be ascertained, as far aspracticable, by examination which, as far as practicable, shall be competitive; provided, however, thatany member of the armed forces of the United States who served therein in time of war, and who, at thetime of such member's appointment or promotion, is a citizen or an alien lawfully admitted for permanentresidence in the United States and a resident of this state and is honorably discharged or released underhonorable circumstances from such service, shall be entitled to receive five points additional credit in acompetitive examination for original appointment and two and one-half points additional credit in anexamination for promotion or, if such member was disabled in the actual performance of duty in anywar, is receiving disability payments therefor from the United States veterans administration, and hisdisability is certified by such administration to be in existence at the time of his application forappointment or promotion, he shall be entitled to receive ten points additional credit in a competitiveexamination for original appointment and five points additional credit in an examination for promotion.Such additional credit shall be added to the final earned rating of such member after he has qualified in anexamination and shall be granted only at the time of establishment of an eligible list. No such membershall receive the additional credit granted by this section after he has received one appointment, eitheroriginal entrance or promotion, from an eligible list on which he was allowed the additional creditgranted by this section.

BasicallyBasically this sectionthis section says:says:

• all positions shall be filled on the basis of merit and fitness.

• as far as practical, merit and fitness shall be determined by competitive examination.

• veterans and disabled veterans are eligible for additional credit.

Regulatory frameworkRegulatory framework

• The Constitution of New York State• New York State Civil Service Law• Your local civil service rules• Local policy and procedure• Your affirmative action plan• Negotiated bargaining agreements

Different classifications of positionsDifferent classifications of positions

NO EXAMINATION REQUIREDUnclassified:are either elected or appointedExempt:are the appointed deputies of an elected/appointed official Non-competitive:employees are appointed. The only test is whether they meet the minimum qualifications.Labor:are “at-will” appointments, generally with no qualifications.

EXAMINATION REQUIREDCompetitive Class Applicants:must meet the minimum qualifications,must participate in the competitive examination process, and must be reachable (among the top three willing to accept) on an eligible list.Once permanent and past probation, the incumbent obtains Section 75 rights.

Performance ReviewsPerformance Reviews

• Should occur at least twice during probation, more if the situation warrants.

• Should be conducted periodically, at least once/twice per year, after probation.

• Allow you to identify problems in a non-confrontational manner.

• Allow you to deal with deficiencies before they become serious.

CounselingCounseling

• Counsel employees during periodic performance reviews

• Conduct routine verbal counseling as the need arises – make notes!

• Place counseling memos in the employee’s personnel file

• Counseling is not discipline, but the documentation serves as the foundation for your case

Filing Formal ChargesFiling Formal Charges

• Investigate and document the problem• Gather evidence and witness statements• Provide documentation to your attorney,

HR person or Civil Service Commissioner• Prove your allegation of incompetence or

misconduct• The burden of proof is on you

Grievance ProcessGrievance Process

Step 1 – Immediate supervisorStep 2 – Division manager or Commissioner

of PersonnelStep 3 – Binding arbitration through the

Public Employees Relations Board (PERB)

Discipline can consist of:Discipline can consist of:

• A letter of reprimand to the file• Unpaid suspension (up to 30 days pending

determination of formal charges)• A $100 maximum fine• A maximum of two months unpaid

suspension (after proving the charges in arbitration)

• Demotion in grade and/or title• Termination of employment

We all maintain a delicate balance:We all maintain a delicate balance:

• Weighing the needs of the public

• The rights of the employeeand

This is achieved through:This is achieved through:

• The consistent application of the laws, rules and regulations that govern the civil service process, and by being fair and impartial.

Rules NYS

If you have questionsIf you have questions

please call or e-mail

Stephen EstesDeputy Commissioner of Personnel

sestes@tompkins-co.org(607) 274-5527