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Merit System Services

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Merit System Services
241 Lathrop Way
Sacramento, CA 95815
mss@cps.ca.gov
916.263.3614

Employment Rights Appeals

Employees with permanent status in the Interagency Merit System (IMS) counties may appeal to the State Personnel Board (SPB) if any of the following actions are taken against them:

Involuntary demotion
Dismissal
Suspension
Medical termination or transfer
Automatic resignation
Reduction in pay for disciplinary reasons
Other disciplinary action that affects the employee’s present status
Layoff, refusal to hire from a reemployment list
Grievances involving discrimination or political affiliation

Rejection during a probationary period is not appealable to SPB unless the rejection is alleged to be on the basis of discrimination or political affiliation.

All employment rights appeals must be filed in writing with SPB within 30 calendar days from the date of the action, or notification of action against which the appeal is made. Appeals must state the facts upon which they are based, and the relief requested in sufficient detail to enable SPB to understand the nature of the proceeding and the parties concerned.

Examination Appeals

Applicants may appeal selection process decisions (examinations) to SPB on the following grounds:

For alleged irregularity, discrimination, bias, or fraud in one or more steps in an examination, or
For alleged improper acts or circumstances resulting in erroneous interpretation and application, by the examiners, or the skills, knowledge and abilities considered to be essential for satisfactory performance in the class for which the candidate is being examined.

All examination appeals will have to demonstrate how the examination or your results fall into one of the two categories above.

Appeals of decisions from selection procedures must be filed with the SPB within 30 calendar days after the date on which notification of the results of such procedure was mailed to the candidate.

The SPB Appeal Form, instructions, and further information pertaining to appeals can be found at the SPB website www.spb.ca.gov/legal/appeals/info.htm or by telephoning (916) 653-0799. You should mail or FAX your Appeal to: