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How to Appeal - Employees in IMS Counties

​Appeals of Disciplinary Actions

​California Code of Regulations sections 17010 through 17047

 

If you have been subject to a disciplinary action due to alleged unacceptable performance or conduct, you may appeal the disciplinary action to CalHR within thirty (30) calendar days of the date on which the disciplinary action became effective. Your appeal does not need to be in any specific format, but it must be written and must include a description of why you are appealing and how you want CalHR to modify the action taken against you.  Appealing the adverse  action will NOT stop it from becoming effective.

Once your appeal has been received by CalHR, CalHR will provide a copy of your appeal to your employer. CalHR will also assign a Hearing Officer to hear your appeal. At the hearing, your employer must prove, by a preponderance of the evidence, that the disciplinary action against you is supported by the evidence and that proper procedures were followed. You and your employer will be able to request subpoenas before the hearing and, at the hearing both parties may examine witnesses, introduce exhibits, cross examine witnesses, and impeach witnesses.  If you choose not to testify on your own behalf, the employer may still call you as a witness or cross-examine you.

The Hearing Officer will manage the scheduling and conduct of this hearing and is empowered to grant or deny extensions of time, set hearing dates, conduct the hearing and administer oaths, rule on evidence, and request additional evidence and legal briefing from the parties. Hearings are public unless the Hearing Officer decides that closing the hearing is appropriate.

Within ninety (90) calendar days after all the evidence has been submitted, CalHR will issue a final decision and will provide it to both you and your employer. The decision may uphold the disciplinary action or modify the penalty to a lower level of discipline depending on your employer's personnel system.

If you or your employer disagrees with CalHR's decision, either party may file a petition for rehearing with CalHR within thirty (30) calendar days after service of the decision. The petition for rehearing must be in writing and must say why you believe there should be another hearing.  Within thirty (30) days of the filing of the petition, CalHR will serve a copy of the petition on the other parties. 

CalHR will decide whether to grant or deny the request for a rehearing, in part or in full, within sixty (60) calendar days of its service of the other parties. If CalHR grants the request for rehearing, it may order a new hearing or may decide the matter based on the exiting record and arguments made by both parties. If CalHR does not officially grant or deny the petition within ninety (90) calendar days from filing, the request for rehearing has been denied.

​Appeals of Rejections on Probation

​California Code of Regulations section 17034

 

If you are employed in a county that makes appointments on a probationary basis and you are rejected during that probationary period, you may appeal your rejection if you believe that the rejection was done in bad faith.  Your appeal must be filed with CalHR, in writing, within thirty (30) calendar days of the effective date of the rejection. At the hearing, you will have the burden to show, by a preponderance of the evidence, that you were rejected in bad faith.

Your appeal will not delay the effective date of the rejection.

​Selection Process Appeals

​California Code of Regulations section 17036

 

You may appeal any of the following if it occurred during your selection process:

  1. irregularity, discrimination, bias, or fraud in one or more steps of an examination

  2. for improper acts or circumstances that resulted in incorrect interpretation and application by the examiners, of the skills, knowledge, and abilities considered essential for satisfactory performance in the class at issue

When filing a selection process appeal, please provide a physical address. This will allow the Hearing Officer to mail you information, if necessary.

Such appeals must be filed with CalHR within thirty (30) calendar days of the date on which you received notice of the decision that you are appealing. After receiving your appeal, the Director of CalHR will appoint a Hearing Officer to hear your appeal. The Hearing Officer may collect written evidence or may choose to hold an evidentiary hearing. Either way, you will have to convince the Hearing Officer, by a preponderance of the evidence, that the selection process was conducted improperly and that, as a result, you were ineligible for consideration by the local agency. Within sixty (60) calendar days of submission of all the evidence, the Director of CalHR will render a decision.

Your appeal does not prevent appointment of another applicant. However, the Local Agency, in its own discretion, may decide to delay the appointment. If your appeal results in the correction of ratings, that correction will not affect any appointments already made from the eligible list.

​Layoff Process

​California Code of Regulations section 17042

 

If your employment is affected by a reduction in force, you may appeal your employer's decision if:

  1. your employer failed to comply with an element of its Personnel Plan and this failure to comply adversely impacted you, or

  2. a miscalculation in your seniority score occurred and that seniority was a factor in the order of layoff.

Before contacting CalHR, you must attempt to resolve your dispute with your employer. If you and your employer are unable to resolve your dispute, you may appeal your layoff to CalHR. Your appeal must be received by CalHR within thirty (30) calendar days of the date on which you were notified that your employer would not change its decision as you requested. When you send your appeal to CalHR, you must include evidence that you attempted to resolve your dispute with your employer prior to filing the appeal with CalHR.

After  your appeal is received by CalHR, you will have the opportunity to submit evidence to CalHR, either through documents or at an evidentiary hearing. With the evidence that you submit, you must demonstrate that your employer failed to comply with an element of its Personnel Plan and this failure to comply adversely impacted you or that a miscalculation in your seniority score occurred and that seniority was a factor in the order of layoff. Once all the evidence has been submitted, CalHR will issue a decision on your case within sixty (60) days.

Your appeal will not delay the layoff or reduction in force, unless your employer decides that a delay is appropriate.

​Non-Disciplinary Actions

​California Code of Regulations section 17043

 

If your employment has been altered for a failure to meet a requirement for continuing employment, such as a termination based on unapproved absence, an action based on your medical condition or other non-disciplinary action, you may appeal if:

  1. the non-disciplinary action taken against you was improper because your employer failed to comply with an element of its personnel system; or

  2. your employer took this action against you for an unlawful reason.

Before appealing to CalHR, you must attempt to resolve the action with your employer. If you and your employer are unable to resolve the issue, you then have thirty (30) calendar days from the date you were informed that your employer would not provide your requested relief to file an appeal with CalHR. Your appeal to CalHR must be in writing, and must include the basis for the appeal and evidence that you attempted to resolve the matter with your employer before appealing to CalHR.

When CalHR receives your appeal, a Hearing Officer will be appointed to your case. You must prove to the Hearing Officer, by a preponderance of the evidence, that the non-disciplinary action taken against you was improper because your employer failed to comply with an element of its personnel system or your employer took this action against you for an unlawful reason. The hearing will proceed in the same manner as a hearing for an appeal of a disciplinary action. The Hearing Officer will prepare a proposed decision and a final decision will be issued by the Director of CalHR within ninety (90) days of the submission of all the evidence.

After the final decision has been issued, your right to reinstatement to your former position will be determined by your employer in accordance with its personnel system.

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