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Chancellor's Office Reconsideration Procedure |
In accordance with Executive Order 923: Reconsideration Procedures for California
State University Employees Not Represented by an Exclusive Representative issued
pursuant to Sections 42728 and 43775 of Title 5 of the California Code of Regulations,
the Chancellor's Office establishes this internal procedure to provide its employees
with a process for the consideration and orderly management of requests for
reconsideration.
This procedure applies to employees who request reconsideration of personnel actions
exclusively concerning evaluation, assignment, promotion, reassignment, retention,
and work hours. It is the policy of the Chancellor's Office to encourage discussion
and seek resolution of such requests.
Note
This procedure may not be utilized to appeal a salary decision by the Chancellor,
other personnel actions, or any personnel action where a separate appeal or hearing
procedure exists.
Definitions
- Employee: any employee of the California State University
Chancellor's Office who is a member of the Public Employees' Retirement System or
the State Teacher's Retirement System and who is not represented by an exclusive
representative under the Higher Education Employer-Employee Relations Act (HEERA).
- Appropriate Administrator: an employee serving in a position
designated as management or supervisor.
- Days: calendar days.
- Immediate Supervisor: the first level HEERA designated
supervisor or manager to whom the employee is accountable.
General Provisions
- This procedure provides 2 review levels, except for persons reporting directly
to the Chancellor. The decision of the Chancellor or his/her designee concerning
requests for reconsideration shall be final.
- If at any time during this procedure, it is determined that 1) the employee is
not entitled to use this procedure, or 2) the matter complained of is outside the
scope of this procedure, the employee shall be so informed in writing and the
proceedings terminated.
- The employee is required to strictly comply with the time limits of this
procedure and the failure to meet those time limits shall be cause for denying the
request for reconsideration. Failure by the immediate supervisor or other
appropriate administrator to issue a timely response under this procedure shall
permit the employee to submit a request for reconsideration at the next level.
Time limits set in this procedure may be extended by mutual agreement. In computing
any period of time from a specific event, the day in which an event occurs shall
be excluded and the last day in which any action is required to be taken shall be
included. When the last day for any action required by this procedure falls on a
Saturday, Sunday or holiday, the time limit shall be extended to the next regular
workday.
- All requests for reconsideration and all proceedings pertinent to this procedure
shall be confidential.
- The Chancellor's Office will not take any reprisals toward an employee because
of the employee's invoking this procedure. Complaints regarding an allegation of
reprisal should be submitted to the Chancellor or his/her designee.
- An employee may withdraw, in writing, a request for reconsideration at any
time. The employee shall not file any subsequent request for reconsideration on
the same matter.
Reviews
- First Level
An employee must notify the immediate supervisor of the complaint, request or
allegation by asking, in writing, for an appointment within 14 days of the decision
or personnel action giving rise to the request. The immediate supervisor shall
meet with the employee to discuss the matter within 14 days of the receipt of the
written request for the meeting. The supervisor shall document the results of this
meeting within 14 days of the meeting with the employee, and provide a copy of
such documentation to the employee (see Form A).
- Second Level
Should the matter remain unresolved at the first level, the employee may request
in writing, reconsideration with the Chancellor or his/her designee. Such a request
for reconsideration must be received by the Chancellor or his/her designee within
10 days of the employee's receipt of the first level recommendation. This written
request shall specify relevant dates, times, places, persons and other facts
necessary for a clear understanding of the matter in question and shall include the
results of the first level meeting. The Chancellor or his/her designee and the employee
shall meet to discuss the request. Within 20 days after the receipt of the request
for the second level review, the Chancellor or his/her designee shall render a written
decision to the employee. Failure to render a decision within such 20 days shall
be deemed a denial of the request. The decision of the Chancellor or his/her
designee shall be final.
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Rev. 6/8/05 |
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Last Updated:
March 5, 2007
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