13. The Civil Service Appeal Process

Reference Civil Service Rule XIV provides that employees may appeal dismissal, demotion, or suspension / non-punitive suspension actions to the Commission. In cases involving dismissal, demotion, or suspension / non-punitive suspension, an appeal hearing by the Commission is mandatory, if requested by the employee. In cases other than dismissal, demotion, or suspension / non-punitive suspension, a hearing is discretionary with the Commission. When discretionary, the Commission decides whether to have a hearing after a review of written materials submitted by the employee and by the Department or after a brief oral summary of the merits of the case by the petitioner. Section 5.A of CivilRead More →

Reference Section 4 of Civil Service Rule XII provides that “Permanent employees may appeal to the Commission for a review of performance evaluations which are below a standard score or rating set by the Director.” Rule XII further states: “This review is a fact-finding examination for the purpose of detecting and correcting any abuse of discretion.” Upon receipt of a written appeal for a review by the employee, the Human Resources Department places the request for appeal on the agenda for the next meeting of the Civil Service Commission. At that meeting, the Commission will first decide whether to accomplish the review through a fact-finding committee ofRead More →

These are general guidelines, which may vary from case to case. The method of presenting individual cases will be decided in a meeting between the department, County Counsel, and Employee & Labor Relations. These guidelines are based on the presumption that the employee’s performance was substandard or did warrant disciplinary action. You may want to review these guidelines prior to issuing a substandard performance evaluation or taking disciplinary action to ensure that you are in good position and have sufficient evidence to defend your action if necessary. As a reminder, you are encouraged to contact your Employee & Labor Relations representative to review the situationRead More →

Depending on the nature of the matter being appealed, the appeal may be heard by the entire Commission, or by a sub-committee comprised of two Commissioners. The Commission listens to presentations by both parties, asking clarifying questions as needed. Depending on the nature of the matter being appealed, an employee/applicant may represent himself/herself, or may use a Union representative or attorney to present his/her case. The Department’s position may be presented by a management representative or by County Counsel. Once both parties have completed their presentations, the Commission members go into an “executive session” to consider the merits of the case and discuss their findings.Read More →

Employees or applicants may appeal ratings of oral boards or appraisal of qualification boards that are below passing, and only if they allege bias, discrimination, or fraud in the conduct of such board. Employees who are rejected during probation may appeal to the Commission only if they allege and substantiate in writing that the probationary rejection was based on race, color, religion, sex, national origin, age or handicap. Permanent classified employees, as articulated in Civil Service Rule XII, may appeal Performance Evaluations carrying an overall Below Standard (Improvement Needed or Unsatisfactory) rating. Classified employees may appeal disciplinary action (dismissal, demotion, suspension, non-punitive disciplinary letter) asRead More →

The Civil Service Commission is a board of five electors of the County appointed by the Board of Supervisors to prescribe and administer the Civil Service Commission Rules. No commissioner may be a current County employee. The Rules of the San Mateo County Civil Service Commission can be accessed at: http://hr.smcgov.org/civil-service-commission-rulesRead More →