​Appeal of Denial of Merit Salary Adjustment

Legal authority

Government Code sections 19832; 19836 and Title 2, California Code of Regulations, sections 599.684 (rank-and-file);  599.859 (excluded).

An employee whose merit salary adjustment will not be recommended by the supervisor shall be informed of the reasons for such action.  Within 10 days after the employee is informed the merit salary adjustment will not be recommended, the employee may file a written request with the appointing power for reconsideration under the appointing power's grievance procedure.  The employee may appeal to the California Department of Human Resources' (CalHR) Statutory Appeals Unit (SAU) within 15 days after having exhausted the departmental remedy as herein specified.

In such appeal, the determination of the appointing power to withhold a merit salary adjustment shall be sustained if supported by substantial evidence.

CalHR's SAU does not have jurisdiction for an excluded employee's denial of merit salary adjustment.

Timeline to file

Except as proscribed pursutant to the employee's BU MOU, within 10 days after the employee is informed the merit salary adjustment will not be recommended, the employee may file a written request with the appointing power for reconsideration under the appointing power's grievance procedure.  A rank-and-file employee may appeal to CalHR's SAU within 15 days after having exhausted the departmental remedy as herein specified.  Filing of an appeal may be extended an additional 30 days after the end of the period in which the appeal should have been filed if the petitioner demonstrates good cause for a late filing.  (Title 2, California Code of Regulations, section 599.904.)  (Gonzales v. SPB (1977) 76 Cal.App.3d 364.)

Type of hearing

A full evidentiary hearing is conducted by an Administrative Law Judge (ALJ). The proposed decision of the ALJ is accepted or rejected by the Director of the California Department of Human Resources.

 Rank-and-file employees: ​​ PLEASE REVIEW THE CURRENT YOUR BARGAINING UNIT MEMORANDUM OF UNDERSTANDING