How to Appeal - Employees in IMS Counties

​Appeals of Disciplinary Actions

Legal Authority

​Appeals of Rejections on Probation

Legal Authority

​Selection Process Appeals

Legal Authority

California Code of Regulations section, title 2, 17036

Timeline to File

MSS appeals must be filed with CalHR within thirty (30) calendar days of the date on which you received notice of the decision that you are appealing.

How to File

You may appeal any of the following if it occurred during your selection process:

1. irregularity, discrimination, bias, or fraud in one or more steps of an examination
2. for improper acts or circumstances that resulted in incorrect interpretation and application by the examiners, of the skills, knowledge, and abilities considered essential for satisfactory performance in the class at issue

1. Complete the MSS Appeal form (CalHR-200) [Merit System Services Selection Process Appeals Form (ca.gov)] and send it to the email address located on the form, along with the additional documentation requested below.   
2. You must also send include a copy of the notice of the decision that you are appealing along with the completed MSS Appeal Form (CalHR-200 form).

Types of Hearing

After receiving your appeal, the Director of CalHR will appoint a Hearing Officer to hear your appeal. The Hearing Officer may collect written evidence or may choose to hold an evidentiary hearing. Either way, you will have to convince the Hearing Officer, by a preponderance of the evidence, that the selection process was conducted improperly and that, as a result, you were ineligible for consideration by the local agency. Within sixty (60) calendar days of submission of all the evidence, the Director of CalHR will render a decision.

Your appeal does not prevent the appointment of another applicant. However, the Local Agency, in its own discretion, may decide to delay the appointment. If your appeal results in the correction of ratings, that correction will not affect any appointments already made from the eligible list.​

​Appeal of Reduction in Force

Legal A​​uthority

California Code of Regulations section 17042

The Department of Human Resources (CalHR) shall have the authority to review a reduction in force of a Program employee when the Local Agency determines a reduction in the number of Program employees is necessary. 

Timeline to File

A Program employee must first attempt to resolve the reduction in force dispute directly with the Local Agency.  If unsuccessful, the Program employee may appeal to the Department within 30 calendar days from the date they were notified the Local Agency would not provide relief.  The appeal must be in writing with evidence the remedy sought was denied by the Local Agency.   

The appeal does not delay the effective date of the Reduction in Force.

How to File

The appeal must be in writing and must include evidence that the remedy requested was denied by the Local Agency.  The appeal should also include the appellant's name, address and the employing agency, and may be filed electronically at SAUappeals@calhr.ca.gov, by fax at 916-322-5709, or by mail to 1515 S Street Suite 500, Sacramento, California 95811.

Type of Hearing

The Director shall designate the Administrative Law Judge (ALJ) to hear the appeal and prepare a proposed decision for the Director's consideration.  The ALJ shall preside over all aspects of the Reduction in Force hearing, including issuing subpoenas, setting timetables, granting extensions of time and all other acts in connection with the hearing that may be necessary.  

The ALJ shall determine if the Local Agency failed to comply with an element of the Personnel Plan or miscalculated the appellant's seniority score where seniority is a factor in the Reduction in Force.  The department shall render a decision within 60 calendar days after submission of all of the evidence. ​

​Non-Disciplinary Actions

​California Code of Regulations section 17043

If your employment has been altered for a failure to meet a requirement for continuing employment, such as a termination based on unapproved absence, an action based on your medical condition or other non-disciplinary action, you may appeal if:

1. the non-disciplinary action taken against you was improper because your employer failed to comply with an element of its personnel system; or

2. your employer took this action against you for an unlawful reason.

Before appealing to CalHR, you must attempt to resolve the action with your employer. If you and your employer are unable to resolve the issue, you then have thirty (30) calendar days from the date you were informed that your employer would not provide your requested relief to file an appeal with CalHR. Your appeal to CalHR must be in writing, and must include the basis for the appeal and evidence that you attempted to resolve the matter with your employer before appealing to CalHR.

When CalHR receives your appeal, a Hearing Officer will be appointed to your case. You must prove to the Hearing Officer, by a preponderance of the evidence, that the non-disciplinary action taken against you was improper because your employer failed to comply with an element of its personnel system or your employer took this action against you for an unlawful reason. The hearing will proceed in the same manner as a hearing for an appeal of a disciplinary action. The Hearing Officer will prepare a proposed decision and a final decision will be issued by the Director of CalHR within ninety (90) days of the submission of all the evidence.

After the final decision has been issued, your right to reinstatement to your former position will be determined by your employer in accordance with its personnel system.