The Civil Service Commission is responsible for conducting hearings or investigations on employee appeals of layoff. When an employee receives a written notice of layoff, they may appeal the action to the Commission. The appeal must be in writing and filed with the Commission within 15 days following the effective date of the layoff as set forth in the approved notice of layoff. The appeal must set forth with particularity a statement of facts and designate which section(s) of the Personnel Code or Rules relating to layoff are alleged to have been violated or have not been complied with. The Commission shall then conduct an investigation.
If in the judgment of the Commission a substantial issue of fact or law exists which cannot be resolved by investigation, the Commission will appoint an Administrative Law Judge to conduct a hearing. The notice of the hearing will set forth a short statement of the issue to be resolved. 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 to prove that a section of the Personnel Code or Rules relating to layoff was violated or was not complied with.
At the conclusion of the investigation, the Administrative Law Judge will prepare proposed findings. Copies will be sent to all parties who will then have 21 days to file a response to the proposed findings or request a hearing (if the Commission has not ordered a hearing under its own authority). After considering the proposed findings and any responses filed by the parties, the Commission will make a final decision at one of its public meetings. If a hearing is conducted, the Commission must render this final decision within 60 days after it receives the transcript of the proceedings.