Regular employees in the classified service have the right to appeal disciplinary actions to the Commission, including dismissal, involuntary retirement, demotion, suspension, fine, reduction in pay, or letters of reprimand as defined in Rule I. In the event of such an appeal, the appointing authority/department must establish that it had sufficient cause to impose the disciplinary action at issue.
Employee Appeals Process
Persons appealing to the Commission must do so in writing. Appeals to the Commission must be actually received in the Department of Civil Service no later than the close of business on the thirtieth (30th) calendar day following the date of the disciplinary letter provided to the employee by the Appointing Authority.
Discrimination Appeals Process
Any employee in the classified service (even one who has not yet achieved permanent status) who believes that he/she has been discriminated against because of his/her political or religious beliefs, sex, race, age, disability or sexual orientation has the right to appeal to the Commission.
Additionally, any person who has applied for, or been examined for, the classified service, and who believes that he/she has been discriminated against in the review of his/her application, the admission to the examination, the scoring of examinations, the establishment of eligible lists or the certification process because of his/her political or religious beliefs, sex, race, age, disability or sexual orientation has the right to appeal to the Commission.
However, it is important to understand that anyone alleging discrimination must still file a written appeal with the Civil Service Commission within thirty (30) calendar days of the alleged discriminatory act. This appeal must contain the following information:
- The type of alleged discrimination (ex., race, sex, age, political affiliation).
- The name(s) of the person(s) alleged to have committed the discriminatory act(s).
- The date(s) of such act(s).
- Where and in what manner such act(s) occurred.
Unlike other appeals, in cases of alleged discrimination, the burden of proof on appeal, as to the facts, is on the appellant.
Whistle Blower Provision
No employee shall be subjected to discipline or discriminatory treatment by an appointing authority because he or she gives information, testimony or evidence in a prudent manner to appropriate authorities concerning conduct prohibited by law or regulation which he or she reasonable believes to have been engaged in by any person(s). If the employee incurs such treatment despite this admonition, he or she shall have a right of appeal to this Commission.