- (a) Each calendar quarter the Office of Appeals shall identify the 50 claimants (or more in the case of a tie) who submitted the highest number of claims in the preceding calendar quarter. The Office of Appeals shall notify the Office of Grievances and the Centralized Screening Team of the identity of those claimants so that any grievances submitted by those claimants during the ensuing calendar quarter shall be reviewed by the Centralized Screening Team for diversion to the Grievance Resolution Team if one or more claims meet any of the criteria in subsections (c)(1) through (c)(5).
(b) Team Composition and Meeting Details.
- (1) The Grievance Resolution Team shall consist of one representative from the local Office of Grievances, one representative from the Office of Appeals, and one representative from the Centralized Screening Team.
- (2) The Grievance Resolution Team shall meet with each of the claimants identified in subsection (a) at least once per month during the ensuing calendar quarter to discuss the claims diverted to the Grievance Resolution Team for review.
- (3) The meeting date and time shall be set by the Office of Appeals and conducted in a manner that provides as much privacy for the claimant as operationally feasible.
- (4) If the claimant chooses not to attend the meeting or is unavailable to attend, departmental staff shall document the circumstances and the Grievance Resolution Team shall conduct the review in absentia.
(c) After receiving a grievance from one of the claimants identified in subsection (a), the Centralized Screening Team shall review the grievance within five business days of receiving it (within eight business days if a clarifying interview is necessary) to determine if any claims fit any of the criteria below. Those claims that do not fit any of the criteria below shall be screened by the Centralized Screening Team in accordance with subsection 3486.1(e). Those claims that do fit any of the criteria below shall be diverted to the Grievance Resolution Team.
- (1) The claim lacks sufficient detail for a meaningful screening determination and the claimant refuses to participate in a clarifying interview or participates in a clarifying interview but is still unable to provide sufficient detail to clarify the claim.
- (2) The claim is factually impossible (meaning the claim defies the laws of physics, biology, or any other discipline).
- (3) The claim is highly implausible (meaning the claim is factually possible but so improbable that any reasonable person would dismiss the claim as preposterous).
- (4) The claim closely mirrors three or more previous claims submitted by the same claimant during the most recent calendar quarter and is similar to at least one other claim which was previously denied by a Reviewing Authority or determined to be unfounded, exonerated, or not sustained by a Hiring Authority.
- (5) The claim accuses departmental staff of failing to take a specific action but documentary evidence found in the department's information technology system clearly shows that the action was taken by that same staff.
(d) At the conclusion of each meeting between the Grievance Resolution Team and one of the claimants identified in subsection (a), the Grievance Resolution Team shall determine outside the presence of the claimant whether each claim fits any of the criteria listed in subsection (c).
- (1) If any one member of the Grievance Resolution Team determines that a claim does not fit any of those criteria, then that claim shall be screened by the Centralized Screening Team in accordance with subsection 3486.1(e).
- (2) If all the members of the Grievance Resolution Team determine that a claim does fit any of those criteria, then those claims that fit any of subsections (c)(1) through (c)(5) shall be answered by the Office of Grievances without the necessity of a routine review or an investigation.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
History
1. New section filed 1-22-2026; operative 1-22-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 4).