Frequently Asked Questions

Your appeal is automatic as long as it is filed timely.

You have ten (10) calendar days from the date you are served with the final order of discipline to file an appeal and answer with the Commission Office.

You may fax, mail or hand-deliver your appeal and answer. Just be certain that the Commission Office is in receipt of the appeal and answer no later than ten (10) calendar days after you are served with the final order of discipline.

Selection Process Appeals (Rule X):

You may appeal to the Commission any component of the selection process, including, but not limited to the establishment of job qualifications, the examination procedures, the certification process and the appointing authority's selection process. Usually this appeal is made after first appealing to the Director of DHR. This does not preclude an appeal to the Commission relating to an appointing authority's selection process.

You have fifteen (15) days from the date of receipt of notification from the Director or the appointing authority of the action being appealed to file an appeal with the Commission.

You may receive verbal and/or written notification as to the Director of DHR or appointing authority's disposition of your appeal.

There is a specific form entitled "Petition to Appeal Selection Process" which you must fill out in order to file a Selection Process appeal with the Commission. You may obtain a copy from the Commission Office or by downloading the document by clicking here "Petition". This document is in a .pdf format which can be viewed in Acrobat Reader, printed, then filled out and sent to our office. A form that can be filled out on the computer (requires Microsoft Word) is available here "Petition Form". 

Selection Process appeals are discretionary, even if they are timely filed.

Discrimination Complaints (Rule VI):

Your complaint, if timely filed, and meets the discrimination requirements, shall be processed according to Rule VI.

You have within sixty (60) calendar days of the alleged discriminatory practice(s), or knowledge thereof to file a complaint with the Commission Office.

Yes, click here for a Discrimination Complaint Form (to be printed and filled out by hand).  A form that can be filled out on the computer (requires Microsoft Word) is available by clicking here Discrimination Complaint Form Fill-In.

The Commission shall refer the complaint to the Office of Internal Affairs (OIA) for review and report back.

If probable cause is determined as the result of the investigation, and no remedy may be offered by OIA or the CAO, the Commission shall conduct a hearing in accordance with the provisions of Rule VI.

Investigation Complaints (Rule XI)

Rule XI does not contain specific deadlines in which to file an investigation complaint. However, waiting an unreasonable period of time to file such a request, without good cause, will greatly influence the Commission's determination to grant the request.

Requests under Rule XI are discretionary.

No, there is no specific form. Your request must be in writing to the Commission and must clearly describe how the merit basis of the personnel system has been violated and identify any requested remedies.

You may request reconsideration subsequent to the Commission rendering its findings under a Rule XI investigation. However, the request for reconsideration is discretionary, and may be considered in instances where new evidence surfaced subsequent to the Commission's findings having been rendered.

FAQ's that would apply to all appeals and/or complaints lodged with the Commission.

You may represent yourself, be represented by counsel, a union representative, or another individual of your choice.

In preparation for hearings you may request, in writing, subpoenas or subpoena duces tecums, to be issued from the Commission Office. Subpoenas and Subpoenas duces tecum are not normally used in investigations, but may be generated by the Commission in limited cases.  Click here for detailed information on how to request a subpoena and/or subpoena duces tecum.

The Commission will render its decision at a public meeting soon after your appeal hearing or soon after the investigation concludes. You will receive an agenda noticing you of the meeting.

Generally, the Commission's decisions are deemed final as far as your administrative remedies are concerned. However, you may file a writ of mandamus with the Superior Court to seek review of the Commission's decision.