1. (a) Merit issue complaints are complaints that the State Civil Service Act or Board regulation or policy has been violated by a state agency. These complaints include but are not limited to, interference with promotional opportunities, interference with a person's access to any SPB appeals process, and the designation of managerial positions pursuant to Government Code section 3513. Merit issue complaints do not include appeals of actions that are specifically provided for elsewhere in law or in Board regulations.

2. (b) Each state agency shall establish and publicize to its employees the process for addressing merit issue complaints. That process shall include provisions for informing employees in writing of the state agency's decision and of the employee's right to appeal the state agency's decision on the merit issue complaint to the Appeals Division.

   1. (2) Persons may file a merit issue complaint themselves or designate an attorney or other authorized representative to represent them. No person(s) may file a merit issue complaint on behalf of another person(s) without their authorization.

   (c)(1) Prior to filing with the Appeals Division, merit issue complaints shall first be filed with the state agency's human resources office, personnel officer or any unit/person designated to address merit issue complaints within three years of the alleged violation of Board regulation or policy.

3. (d) Each state agency shall inform employees or applicants at the time the complaint is received of their right to challenge the state agency's decision, denial of the complaint or failure to respond by filing a complaint with the Appeals Division and the timelines for filing according to section 66.1, subdivision (e).

4. (e) A merit issue complaint shall be filed with the Appeals Division within 30 days of the state agency's decision or denial of the complaint. Failure of a state agency to respond to a merit issue complaint within 90 days of receipt of the complaint shall be deemed a denial of the complaint's allegations and shall release the appellant to file a merit issue complaint directly with the Appeals Division within 30 days of the 90^th day.

   1. (1) An appeal of a merit issue complaint filed with the Appeals Division shall:

      1. (A) Include evidence of having filed a formal written complaint with the state agency's human resources office, personnel officer or any unit/person designated to address merit issue complaints.
      2. (B) Include the original complaint submitted to the state agency.
      3. (C) Identify any wrongdoing by the state agency supported by factual evidence and documentation.
5. (f) Merit Issue Complaints are assigned to investigative review by an Investigative Officer pursuant to section 53.2.
6. (g) Persons not having competed in an examination or selection process who wish to file a complaint that the State Civil Service Act or Board regulation or policy has been violated by a state agency, may submit requests for review to the Board's Compliance Review Division.

Note: Authority cited: Section 18701, Government Code. Reference: Sections 12940, 18675, 18952, 19701, 19702, 19230 and 19231, Government Code.

History

1. New subarticle 9 (section 66.1) and renumbering and amendment of former section 53.1 to new section 66.1 filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).

2. Change without regulatory effect redesignating former subarticle 9 as new article 9 filed 9-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 37).

3. Amendment of subsection (a), repealer and new subsection (b) and new subsections (c)-(f) filed 4-13-2022; operative 7-1-2022 (Register 2022, No. 15).

4. Amendment filed 7-6-2023; operative 10-1-2023 (Register 2023, No. 27).