The Civil Service Commission is responsible for conducting hearings or investigations on employee appeals of their position allocation. Position allocation is the assignment of a specific job title to a particular employee as it relates to the functions they perform. When an employee receives a notice of an adverse allocation decision, they must petition the Director of Central Management Services for reconsideration. Upon receipt of an adverse decision on the request for reconsideration, they may appeal this determination by serving a notice upon the Commission of their intent to appeal the reconsideration decision of the Director. The appeal must be in writing and filed with the Commission within 15 days of receipt of the Director’s decision on reconsideration. A copy of this notice of intent to appeal must also be served upon the Director of Central Management Services. The notice must state the employee’s name, their appointing agency, a description of the disputed classification issue, and the class for which the employee is appealing.
The Director of Central Management Services then has 20 days to submit a response to the notice of intent to appeal setting forth the facts and reasons for the reconsideration decision. A copy will be served upon the employee who then has 20 days to submit an answer pointing out with particularity their disagreement with the Director’s response.
The Commission will then appoint an Administrative Law Judge to conduct a hearing within 30 days of receipt of the last submission of the parties. A court reporter will be present to transcribe the hearing. At the hearing, the employee has a right to counsel and may question the witnesses who testify under oath. The employee may also call witnesses and introduce documents and other evidence. The burden of proof is on the employee.
At the conclusion of the hearing, the Administrative Law Judge will prepare a proposed decision. Copies will be sent to all parties who will then have 15 days to file any written comments and arguments. After considering the proposed decision and any comments and/or arguments filed by the parties, the Commission will make a final decision at one of its public meetings.