Civil Service Law

Gilbert Law Group salutes the Civil Servants that were there when we most needed them, those who gave the ultimate sacrifice, those who continue to suffer its effects, and those who continue to risk their lives on a daily basis to defend the American way of life. We are forever indebted to you for all you have done.

A civil servant or public officer is an individual employed in the public sector working for a governmental unit, such as the federal government, a state, city, county, town, village, or other municipality, school district, library, police, fire, sheriff’s, or other government department or agency. The attorneys at Gilbert Law Group have practiced as a Civil Service Law attorney for [years experience] years.

Federal, state and local government entities often utilize competitive civil service examinations or programs in order to ensure a merit-based hiring and promotional system. In New York, our State Constitution specifically mandates that civil service appointments be based on merit, not politics.

Historically, the civil service started under a spoils system which meant that jobs were used to support the political parties. This changed slowly by way of the Pendleton Civil Service Reform Act of 1883 and later laws. By the early twentieth century, nearly two thirds of federal workers were hired based on merit. This was done by administering civil service examinations. Under the Hatch Act of 1939, civil servants were no longer allowed to engage in political activities while performing their duties.

State and Federal Civil Service Law governs the rights and obligations of public employers and their employees. This area of law spans the largest governmental units, such as federal, state, county, city, town and village government employees, to the smallest water, sewer, or fire district. It covers police, firefighters, teachers, corrections officers, transit workers, public works, parks and recreation, healthcare, and library employees, to name a few. As such, the laws and regulations governing this diverse workforce are detailed and complex. Moreover, Court decisions have interpreted and applied these laws inconsistently as the workforce, and fiscal, and societal priorities have changed.

At Gilbert Law Group, our long-term involvement in this area of law over more than three decades has enabled us to keep current with ongoing legal developments both by the legislatures and the Courts. Our involvement has enabled us to provide the highest quality legal representation no matter the nature of the dispute, claim, or issue.

Our services include, but are not limited to:

• Discipline and Discharge
• Collective Bargaining, Mediation, Fact-Finding, Super-Conciliation, and/or Interest Arbitration
• Contract Administration and Interpretation
• Grievance Proceedings and Arbitration
• Improper Practice Charges Before the Public Employment Relations Board (PERB)
• Seniority, Layoffs, Recall, Promotions, Transfers, Reassignments
• Employment Discrimination
• State and Federal Court Litigation
• Education Law Section 3020-a and Section 75 Disciplinary Proceedings
• Hiring, Staff Evaluations, Healthcare
• Sexual Harassment matters and litigation

Over decades of experience, we have developed relationships with various public employers, including municipalities, and have come to understand various work-related issues and the best means of representing our clients’ interests so as to achieve concrete, workable, and cost-effective results.

CONTACT Gilbert Law Group today: 631.630.0100.