Scott v. Division of Housing & Neighborhood Development

JiPLOTKIN, Judge.

This case presents the novel issue of whether the Civil Service Commission can dismiss a civil servant’s appeal on the grounds that no formal disciplinary action was taken against the employee, although he was threatened with and subject to suspension and/or dismissal by his employer for an alleged conflict of interest in violation of the City and State Codes of Ethics. Randolph Scott, appellant, appeals a decision of the Civil Service Commission holding that the plaintiff failed to state a cause of action because no disciplinary action was taken against him. We find that…