FREQUENTLY ASKED QUESTIONS
Disciplinary Appeals (Rule VII)
- Is acceptance of my appeal automatic?
Your appeal is automatic as long as it is filed timely.
- How long do I have to file an appeal and answer once I have been served with the final order of discipline?
You have ten (10) calendar days from the date you are served with the final order of discipline to file an appeal and answer with the Commission Office.
- How do I file my appeal and answer with the Commission?
You may email, fax, mail or hand-deliver your appeal and answer. Just be certain that the Commission Office is in receipt of the appeal and answer no later than ten (10) calendar days after you are served with the final order of discipline.
- Where can I find more information about disciplinary appeals?
You can find more information about disciplinary appeals in our About Us section
Selection Process Appeals (Rule X)
- Do I have to file an appeal with DHR prior to filing an appeal with the Commission?
You may appeal to the Commission any component of the selection process, including, but not limited to the establishment of job qualifications, disqualification from an employment list, examination procedures and results, the certification process and the appointing authority's selection process. You will need to file an appeal with the Director of DHR prior to filing an appeal with the Commission under the following circumstances:
• If you are appealing your disqualification from an employment list you must file your written appeal to the Director within ten (10) calendar days of the notice of disqualification. See Civil Service Rule 2.1.6.
• If you are objecting to the administration of a part of an examination, you must file an appeal with the Director within five (5) work days of the examination. See Civil Service Rules 3.1.11.
• If you are objecting to the results of an examination or scoring of your application you must file an appeal with the Director within ten (10) calendar days from the date the results are received. See Civil Service Rules 3.1.11.
If you are appealing the appointing authority’s (department head) selection process you do not need to file an appeal first with the Director of DHR, you may file an appeal directly with the Commission office.
- How long do I have to file a timely appeal with the Commission?
You have fifteen (15) calendar days from the date of receipt of notification from the Director of DHR or the appointing authority (department head) of the action being appealed to file an appeal with the Commission.
- Does the notification I receive from the Director of DHR or the appointing authority (department head) have to be in writing?
No, you may receive either verbal or written notification from the Director of DHR regarding the disposition of your appeal or the appointing authority's (department head) selection process decision.
- Is there a form I need to fill out to file a Selection Process appeal with the Commission?
Yes, there is a form entitled "Petition to Appeal Selection Process" which you must fill out in order to file a Selection Process appeal with the Commission. You may obtain a copy from the Commission Office or by downloading from the Forms page. This document is in a pdf format which can be viewed in Acrobat Reader, printed, then filled out and sent to our office. A form that can be filled out on the computer (requires Microsoft Word) is available on the Forms page. You may email, fax, mail or hand-deliver your selection process appeal to the Commission office.
- Is my Selection Process appeal automatic or discretionary?
A timely Selection Process appeal will be accepted and placed on a Commission meeting agenda for consideration. The Commission’s determination to grant or deny a request for a hearing is discretionary.
- Where can I find more information about selection process appeals?
You can find more information about selection process appeals on the About Us page.
Discrimination Complaints (Rule VI)
- Is acceptance of my complaint automatic?
Yes, your complaint, if timely filed and meets the discrimination requirements, will be processed according to Rule VI.
- How long do I have to file a complaint?
You have sixty (60) calendar days from the date of the alleged discriminatory act(s), or knowledge of it, to file a complaint with the Commission Office.
- Is there a form I can fill out in order to file my complaint?
Yes, the discrimination complaint form is available on the Forms page. A pdf version (to be printed and filled out by hand) and a Microsoft Word version are available. You may email, fax, mail or hand-deliver your discrimination complaint to the Commission office.
- Who will actually conduct the investigation of my complaint?
The Commission will refer the complaint to the Office of Ethics and Compliance (OEC) to investigate and report back its findings to the Commission.
- What happens if the investigation results in a finding that discrimination may have occurred?
If it is determined as a result of the investigation that discrimination may have occurred, and no remedy may be offered by OEC or the CAO, the Commission will conduct a hearing in accordance with the provisions of Rule VI.
- How long will the investigation take?
Generally OEC will conduct the investigation within 60 days of the referral of the complaint; however each investigation is unique and some may take longer. If you file a discrimination complaint with an outside agency, such as the Equal Employment Opportunity Commission and/or Department of Fair Employment and Housing, that is based on the same or similar circumstances as the complaint filed with the Commission the OEC will delay its investigation until the complaint with the outside agency is resolved.
- Will I get a copy of OEC’s investigative report?
No, OEC investigative reports are confidential. The only circumstance in which the report will be released to the parties is if the Commission determines to conduct a discrimination hearing.
- Where can I find more information about discrimination complaints?
You can find more information about discrimination complaints on the About Us page
Request to Seal Performance Appraisal (Rule V)
- Is there a form to use when requesting to sealing a performance appraisal?
There is no specific form. A request to seal a performance appraisal must be submitted to the Commission in writing, with a copy of the performance appraisal attached. The request should include the alleged procedural flaws that would warrant sealing the appraisal as well as any harm caused by the alleged flaws.
- What is the time period in which to file a request for sealing a performance appraisal?
There is no specific deadline, however the Commission expects the request would be within a reasonable time frame.
- Can I request a sealing of my Performance Appraisal if I disagree with the contents and the rating?
The Commission will only consider flaws in the process; they will not consider the content of the appraisal.
- What happens if the Commission decides to seal my appraisal?
The Commission may order all copies of the appraisal and attached documents to be sealed and may also order that a new appraisal be prepared.
Investigation Requests (Rule XI)
- Do I have a certain time in which to file an investigation request?
Rule XI does not contain specific deadlines in which to file an investigation request. Requests should be filed within a reasonable time period following the event or circumstance at issue.
- Are requests for investigations under Rule XI automatic or discretionary?
Requests under Rule XI are discretionary. Requests will be placed on a Commission meeting agenda and the Commission will determine whether or not to grant an investigation based on the circumstances presented.
- Is there a form that I need to fill out in order to file a Rule XI complaint?
No, there is no specific form. Your request must be in writing to the Commission and must clearly describe how the merit basis of the personnel system has been violated and identify any requested remedies.
FAQ's that would apply to all appeals and/or complaints filed with the Commission
- Do I have to have an attorney or some other type of representation at my hearing/investigation?
You may represent yourself, be represented by an attorney, a union representative, or another individual of your choice.
- May I subpoena witnesses and/or records?
In preparation for hearings you may request, in writing, a subpoena (demand that a witness be present at the hearing) or a subpoena duces tecum (demand that documents or things be brought to the hearing) be issued from the Commission Office. Subpoenas and subpoenas duces tecum are not normally used in investigations, but may be generated by the Commission in limited cases. An information sheet on how to request a subpoena or subpoenas duces tecum can be found on the Forms page.
- Are “days” referred to in the Civil Service Rules calendar day or weekdays?
Unless otherwise stated, all days referred to in the Civil Service Rules are calendar days.
- When will I find out the Commission's decision in my case?
The Commission will render its decision at a public meeting soon after your appeal hearing or soon after the investigation concludes. You will receive an agenda noticing you of the meeting.
- I haven’t found the information I’m looking for, who can I contact for help?
You may contact the Commission office for additional information.