§ 75. Removal and other disciplinary action. 1. Removal and other\ndisciplinary action. A person described in paragraph (a) or paragraph\n(b), or paragraph (c), or paragraph (d), or paragraph (e) of this\nsubdivision shall not be removed or otherwise subjected to any\ndisciplinary penalty provided in this section except for incompetency or\nmisconduct shown after a hearing upon stated charges pursuant to this\nsection.\n (a) A person holding a position by permanent appointment in the\ncompetitive class of the classified civil service, or\n (b) a person holding a position by permanent appointment or employment\nin the classified service of the state or in the several cities,\ncounties, towns, or villages thereof, or in any other political or civil\ndivision of the state or of a municipality, or in the public school\nservice, or in any public or special district, or in the service of any\nauthority, commission or board, or in any other branch of public\nservice, who was honorably discharged or released under honorable\ncircumstances from the armed forces of the United States including (i)\nhaving a qualifying condition as defined in section one of the veterans'\nservices law, and receiving a discharge other than bad conduct or\ndishonorable from such service, or (ii) being a discharged LGBT veteran,\nas defined in section one of the veterans' services law, and receiving a\ndischarge other than bad conduct or dishonorable from such service,\nhaving served therein as such member in time of war as defined in\nsection eighty-five of this chapter, or who is an exempt volunteer\nfirefighter as defined in the general municipal law, except when a\nperson described in this paragraph holds the position of private\nsecretary, cashier or deputy of any official or department, or\n (c) an employee holding a position in the non-competitive or labor\nclass other than a position designated in the rules of the state or\nmunicipal civil service commission as confidential or requiring the\nperformance of functions influencing policy, who since his or her last\nentry into service has completed at least five years of continuous\nservice in the non-competitive or labor class in a position or positions\nnot so designated in the rules as confidential or requiring the\nperformance of functions influencing policy, or\n (d) an employee in the service of the City of New York holding a\nposition as Homemaker or Home Aide in the non-competitive class, who\nsince his last entry into city service has completed at least three\nyears of continuous service in such position in the non-competitive\nclass, or\n (e) an employee in the service of a police department within the state\nof New York holding the position of detective for a period of three\ncontinuous years or more; provided, however, that a hearing shall not be\nrequired when reduction in rank from said position is based solely on\nreasons of the economy, consolidation or abolition of functions,\ncurtailment of activities or otherwise.\n 2. Procedure. An employee who at the time of questioning appears to be\na potential subject of disciplinary action shall have a right to\nrepresentation by his or her certified or recognized employee\norganization under article fourteen of this chapter and shall be\nnotified in advance, in writing, of such right. A state employee who is\ndesignated managerial or confidential under article fourteen of this\nchapter, shall, at the time of questioning, where it appears that such\nemployee is a potential subject of disciplinary action, have a right to\nrepresentation and shall be notified in advance, in writing, of such\nright. If representation is requested a reasonable period of time shall\nbe afforded to obtain such representation. If the employee is unable to\nobtain representation within a reasonable period of time the employer\nhas the right to then question the employee. A hearing officer under\nthis section shall have the power to find that a reasonable period of\
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