Employee Appeals Process

Except in extraordinary circumstances, before an Appointing Authority decides to take disciplinary action to suspend, involuntarily demote for cause, or terminate an employee from employment, it must first provide the employee with written notice of the intended action detailing the reasons it believes that the employee violated a rule, policy, and/or regulation.  The employee must be given at least 5 working days to consider the written notice.  Following this period of consideration, an informal pre-disciplinary hearing must be scheduled to provide the employee with an opportunity to respond to the Appointing Authority’s reasons and allegations of violations of rule, policy, and/regulations.  (The employee can request that the pre-disciplinary hearing be held earlier.)  After the pre-disciplinary hearing, if the Appointing Authority decides to take disciplinary action and suspend, involuntarily demote for cause, or terminate the employee, it must provide the employee with a completed Civil Service Form 5 – Notice of Discipline and Opportunity to Appeal.  The employee should sign the CS Form 5 to acknowledge receipt (or the Appointing Authority should note if the employee refused to sign).

NOTE To Appointing Authorities:  A copy of the Civil Service Form 5, signed by the employee, along with the Civil Service Personnel Action Change of Status Form changing the status of the employee, must be forwarded to the Civil Service Office within five [5] working days of imposing dismissal, suspension, or involuntary demotion for cause action.

Under the Civil Service Act, only Employees who have completed initial probation in the classified service have the right to appeal an Appointing Authority’s disciplinary action to the Civil Service Board.  Classified employees who unsuccessfully complete a “conditional probationary period” following promotion may not appeal such action to the Board.

An employee who files an appeal must prove that the appointing authority/department did not have just cause to discipline the employee.

An employee must appeal all disciplinary action by submitting a completed Civil Service Form 5A to the Civil Service Board no later than ten (10) calendar days following the official date of receiving the Notice of Discipline (Civil Service Form 5).

During The Appeal Hearing

When an appeal is filed, the employee is referred to as the “Appellant.”  An Appellant has the right to be heard publicly, to present evidence, and to be represented by legal counsel or an advocate who is not a witness in the case. The Appellant may present witness testimony or cross-examination of witnesses during a final evidentiary hearing, but not if the hearing is to consider a preliminary Motion.

At the beginning of a hearing the General Counsel for the Board will determine the order in which each party may make an opening statement.  Opening statements are made to inform the Board of the facts that the party believes will be shown by the evidence as they relate to the alleged violation(s) of Civil Service Rules(s) or Agency policy(ies) and/or procedure(s).

During an evidentiary hearing, the parties may call witnesses after the opening statements.  Each witness called by any party may be cross-examined by the opposing party. Re-direct examination shall be permitted but, re-cross examination shall be permitted only upon good cause. At the conclusion of examination by the parties, the Civil Service Board also has the opportunity to ask questions.

After the conclusion of the evidence, each party is given the opportunity to present a closing argument. A closing argument is not evidence, but is designed to inform the Board of each party’s position as to the facts demonstrated by the evidence and whether or not the alleged violation(s) of Civil Service Rules(s) or Agency policy(ies) and/or procedures(s) have been proven.

After closing argument, the Board conducts its deliberations in open meeting.  The Board is required to vote separately on each alleged violation.

Appeal Hearing Outcome

It is not part of the Board’s function to determine whether the degree or type of action is appropriate. Therefore, the Board may not reduce, increase or otherwise modify the action imposed upon the employee by the Agency Head. If the conduct which is proven establishes a violation of at least one of the Civil Service Rules, the action taken must be upheld in its entirety. If the conduct which is proven does not establish a violation of the Civil Service Rules, or if the action taken is found not to be for just cause, the action must be vacated in its entirety and the appellant placed in the same position that he or she would have been in had the action not been taken.

Instructions for Filing a Request for an Appeal Hearing

Note:  The forms below work best if completed using Adobe Acrobat Reader. You may download Reader at Adobe’s website:  https://get.adobe.com/reader/. Some functionality of the forms may not work within browsers other than Microsoft Edge and Internet Explorer.  Therefore, we strongly suggest you right click the form links below and then choose “Save [target/link] As…” to download these files to your computer. Once downloaded, use Adobe Reader or Adobe Acrobat to complete the forms. If the forms display “submit” functionality, please disregard and save the completed form to your computer.

To begin the appeals process, download the Civil Service Form 5A from the Resource list below to your computer, then find the file on your computer and open it using Adobe Acrobat.  You will be prompted to complete all available fields on the page.  Required fields are outlined in red.   [Note to Employee Filing Appeal: Once you complete the Form 5a, save it to your computer.  Then, use the upload interface below to send the completed form to the Civil Service Board (Do not email)].

Next, download the Consent to Electronic Filing form to your computer, then find the file on your computer and open it using Adobe Acrobat.  You will be prompted to complete all available fields on the page.  Required fields are outlined in red.   [Note to Employee Filing Appeal: Once you complete the Consent to Electronic Filing form, save it to your computer.  Then, use the upload interface below to send the completed form to the Civil Service Board (Do not email)].

Within 3 days of receiving an Appeal, the Civil Service Director will send a Notice of Appeal to the Appointing Authority with a copy to the Appellant.  This Notice will contain further instructions and dates related to the processing of the appeal.

Resources:

Civil Service Rules

CS Form 5 (Appointing Authority must provide employee a copy of this form following pre-disciplinary hearing)

Consent to Electronic Filing (Completed by all Parties)

CS Form 5a (Discipline Appeal Request Form to be completed by Employee)

 

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