Appeal of Performance Appraisal

Legal authority

Government Code sections 19992 through 19992.4 and Title 2, California Code of Regulations, section 599.798 (rank-and-file); Government Code sections 19992.8 through 19992.13 and Title 2, California Code of Regulations, section 599.859 (excluded employees).

A rank-and-file employee may file an appeal of a performance appraisal report if the performance appraisal report has been used to abuse, harass or discriminate against an employee.

An excluded employee may file a grievance of his or her performance appraisal report to the appointing power. The grievant may appeal the decision of the third level within ten (10) working days after receipt of the response to the Director, The California Department of Human Resources. Filing of a grievance is based on that the performance appraisal report was used to abuse, harass, or discriminate against the employee.

Note: Appeals of Rejections on Probation are handled by the State Personnel Board (SPB).

Timeline to file

Within 30 days of receipt of the performance appraisal report. 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 BARGAINING UNIT MEMORANDUM OF UNDERSTANDING