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FILING OF APPEAL
A person has 20 calendar days, from the date notification of the adverse action taken by the mayor, the director or appointing authority (hereinafter Employer) was sent, to file a written appeal to the Civil Service Commission. (The written appeal must be filed on the Petition of Appeal form as supplied by the Commission. Request for the form may be made by phone at 768-8504, or by e-mail at email@example.com or downloaded from the website at www.honolulu.gov, listed under the Department of Human Resources, Civil Service Commission section. The Petition of Appeal form is also available at the front counter of the Department of Human Resources,
According to the Rules of the Civil Service Commission, §1-34(b), a person is required to exhaust all internal complaint procedures, including administrative review and departmental complaint procedures, before an appeal is filed with the Commission. In addition, the Commission shall not act on an appeal if the action complained of constitutes a prohibited act that is subject to the jurisdiction of another appellate body or administrative agency. The Commission shall not act on an appeal if the appeal involves matters covered by the grievance procedures contained in each of the collective bargaining agreements. The Commission would dismiss the appeal and defer it to the other authority. The Commission shall also not proceed on an appeal if there is any controversy regarding its authority to hear the appeal until the controversy is resolved by the Hawaii Labor Relations Board. The Commission shall use the condition listed in Section 76-41(b), HRS in reaching a decision on whether an action taken by the appointing authority based on a failure by the employee to meet the performance requirements of the employee's position is with or without merit.
A petition of appeal submitted to the Commission beyond the 20-calendar day period shall be deemed untimely and shall not be considered by the Commission.
ANSWER FROM EMPLOYER
Upon receipt of the written appeal, the Commission's secretary will forward a copy of the appeal to the Director or to the appropriate appointing authority whose action is being appealed.
The Employer will be given at least ten working days to issue a written answer responding to any issues raised in the written appeal or present other relevant issues or information not discussed by the employee/appellant.
Upon receipt of the Employer's written answer, the Commission's secretary will forward a copy to the appellant or his/her authorized agent.
The Commission's secretary will send notification of the hearing date for the appeal to the appellant or his/her authorized agent at least two weeks before the scheduled hearing. A hearing notice will also be sent to the department involved.
Should either party wish to present any additional information to the Commission, presentation will be allowed at the appeal hearing as additional evidence or exhibits.
The hearing procedure will be held according to accepted legal practice; however, it will be conducted in an informal manner. You may be represented by an attorney, business agent, or any other person that you wish, or you may appear on your own behalf.
If the Commission finds that the Director or appointing authority violated any applicable civil service rule, regulation, law or policy, the Commission shall grant relief to the appellant as allowed by law. If the Commission finds that the Director or the appointing authority did not violate any applicable civil service rule, regulation, law or policy, the Commission shall deny the appeal and uphold the action of the Director or appointing authority.
NOTICE OF DECISION
The Commission shall notify all parties of its decision and order by delivering or mailing a certified copy of the decision and order to each party or to such party's attorney of record.
Should you, as the appellant or representative of the appellant, have any questions as to the procedures that will be followed during an appeal hearing, please so inform the Commission when your case is called. The Commission will, at that time, clarify any questions you may have regarding the above-described hearing procedures.
Revised October 2013
|Last Reviewed: Friday, October 04, 2013|