Appeals Resource Guide revised 8.6 - State …

1 Appeals Resource Guide Prepared by State Personnel Board Appeals Division 801 Capitol Mall Sacramento, CA 95814 August 2018 State Personnel Board ii August 2018 TABLE OF CONTENTS SECTION I: GENERAL OVERVIEW The State Personnel Board .. 2 State Personnel Board Jurisdiction .. 2 How to File an appeal .. 3 Timelines .. 4 The Appeals Process .. 7 Accommodations for Persons with Disabilities .. 7 Remedies .. 10 Withdrawal of Action/ appeal .. 10 Contact SPB .. 10 SECTION II: State CIVIL SERVICE EVIDENTIARY Appeals Adverse Action/Disciplinary Action .. 12 Lesser Adverse Action .. 14 Rejection During Probationary Period .. 15 Medical Termination/Demotion/Transfer.

2 16 Adverse Action/Termination of Practitioner in California Department of Corrections and Rehabilitation Adult Institutions, and the regional and headquarters office of the Division of Correctional Health Care Services .. 17 Constructive Medical Termination .. 18 Non-punitive Termination/Demotion/Transfer (License Revocation/Restriction)19 Termination of Limited-Term/Seasonal/Temporary Authorization Appointment (Liberty Interest/Name-Clearing Hearing) .. 20 Termination of Limited Examination and Appointment Program (LEAP) Appointment .. 21 Termination of Career Executive Assignment (CEA) Appointment .. 22 Termination/Automatic Resignation of Permanent Intermittent Employee .. 23 Discrimination Complaint/Denial of Reasonable Accommodation.

3 24 Whistleblower Retaliation Complaint .. 27 SECTION III: PETITION FOR BACK PAY Petition for Back Pay Hearings .. 30 SECTION IV: State CIVIL SERVICE MERIT Appeals Request to File Charges .. 32 Examination appeal .. 33 Withhold From Certification .. 36 Voided Appointment .. 37 Medical/Psychological Disqualification/Failure of Pre-employment Drug Test . 38 Merit Issue Complaint .. 39 Dismissed Employee's Request to Take Civil Service Examination .. 40 Out-of-Class Claim (Examination) .. 41 State Personnel Board iii August 2018 SECTION V: CALIFORNIA State UNIVERSITY (CSU) Appeals Dismissal, Demotion, Suspension, Medical Action .. 43 Request for Reinstatement After Automatic Resignation (AWOL)/AWOL Separation.

4 44 Petition to Set Aside Resignation .. 45 SECTION VI: PETITIONS FOR REHEARING Petition for Rehearing .. 47 SECTION VII: Appeals DIVISION RECORDS REQUESTS Records Request .. 49 Writs of Mandamus .. 50 SECTION I GENERAL OVERVIEW State Personnel Board Page 2 August 2018 INTRODUCTION This Guide provides a general overview of the various Appeals and complaints which may be filed with the Appeals Division of the State Personnel Board (SPB). This Guide does not supersede existing civil service laws and rules. Applicable laws and rules governing the SPB and the State Civil Service may be found on SPB s website ( ). Further, this Guide is not intended to provide legal advice.

5 All legal questions should be directed to union representatives, agency legal departments, or private counsel, as appropriate. THE State PERSONNEL BOARD The SPB was established in 1934 to administer the civil service system and ensure that State employment is based on merit and free from political patronage. The SPB s authority derives from Article VII, section 3 of the California Constitution. The SPB investigates or adjudicates Appeals and complaints filed by employees, applicants, and members of the public alleging violations of civil service laws. Laws governing the State Civil Service begin at section 18500 of the Government Code. SPB s regulations interpreting applicable provisions of the Civil Service Act are contained in California Code of Regulations, title 2, section 1 through Appeals AND COMPLAINTS FALLING WITHIN THE State PERSONNEL BOARD JURISDICTION Adverse Action Rejection During Probationary Period Termination, Demotion, or Transfer based upon a medical condition Hiring Authority has Constructively Terminated an Individual due to a Medical Condition Termination, Demotion, or Transfer for Non-Punitive Reasons (License Registration or Revocation)

6 Termination of Appointment to Career Executive Assignment Termination or Automatic Resignation of Permanent Intermittent Employees Termination of Limited Examination and Appointment Program (LEAP) Appointment Dismissal, demotion, or suspension for cause taken by the California State University (CSU) Errors Committed by the Hiring or Testing Authority in Conducting an Examination Denial of Entry into Examination for Failure to Meet Minimum Qualifications Determination to Disallow Dismissed Civil Service Employee from taking Civil Service Examination Withhold from List Certification after Examination for Failure to Meet Minimum Qualifications (may include claim of out-of-class experience) State Personnel Board Page 3 August 2018 Determination to Void Civil Service Appointment Disqualification due to Pre-Employment Medical or Psychological Examination Disqualification due to Failure of Pre-Employment Drug TestThe following complaints may be filed with the SPB.

7 Complaint of Discrimination based upon Mental or Physical Disability or MedicalCondition including Denial of Reasonable Accommodation Complaint of Harassment based upon Mental or Physical Disability or MedicalCondition Complaint of Retaliation for Exercising One s Rights in Connection to Mental orPhysical Disability or Medical Condition Complaint of Retaliation for Protected Disclosure (Whistleblower RetaliationComplaint) Complaint that a State Agency is violating the Civil Service Act (Merit IssueComplaint) Request to File Charges against a State EmployeeMost Appeals and complaints may be filed directly with the SPB Appeals Division. However, some matters must first be filed with the hiring authority before it is filed with SPB.

8 The obligation to file with the hiring authority first is stated for the appropriate appeal or complaint listed in Section II and Section III of this Guide . HOW TO FILE AN appeal OR COMPLAINT and Filing Methods for the appeal or ComplaintAll Appeals and complaints must comply with California Code of Regulations, title 2, section ; the appeal or complaint must be in writing, identify the names and addresses of the parties, State the factual basis for the appeal or complaint, and specify the remedy or relief to be sought. Failure to do so may result in the matter being rejected by the Appeals Division. To assist in processing your appeal or complaint, the appeal or complaint should also include a copy of any action or determination that the appeal or complaint arises from.

9 Appeals and complaints may be filed using the Appeals Online System (AOS), a web-based application that allows parties to file an appeal or complaint with SPB electronically. In order to file an appeal or complaint electronically, you must have a valid email address and telephone number. More information about filing an appeal online can be found online . Additionally, an appeal Form (SPB-101) is available through the above link on the SPB website to assist in meeting filing requirements. Upon completion, a party may attach the form to an email and send it to: A delivery receipt will be sent automatically upon successful filing. Appeals may also be hand-delivered, mailed, or faxed to the SPB Appeals Division.

10 State Personnel Board Page 4 August 2018 However, whistleblower retaliation complaints must be filed via Mail. Online and electronic filing is not accepted for these matters. Filing Method Submit appeal To Online (AOS) via online Electronic (Email) Fax (916) 654-6055 Mail or In-Person State Personnel Board Appeals Division 801 Capitol Mall, Sacramento, CA 95814-4806 2. Time for Filing an appeal or Complaint Appeals must be filed with the SPB within the timeframes specified by civil service laws and regulations. An appeal or complaint is considered filed on the date the appeal or complaint is received by the Appeals Division and not the date it was sent. If a document is received during non-business hours, it is considered filed on the following business day.