Civil Service Appeals
Appeals To The Commission Frequently Asked Questions
What follows is
general information, an overview of the appeal process. It is not intended as
legal advice or a substitute for reading the Civil Service Rules or consulting
an attorney.
1. What is an
appeal?
An appeal is a
written document asking the State Civil Service Commission to decide an
employment dispute involving a state classified employee.
2. Where does
the State Civil Service Commission get its authority to hear appeals?
Article X,
Sections 8 and 12 of the state constitution authorize the Commission to hear
and decide certain types of cases involving state classified employees. If the
case involves removal or disciplinary action against a permanent state classified
employee, the Commission’s jurisdiction is exclusive, meaning that the state
district courts do not have jurisdiction over such cases.
3. Who may
appeal and what actions are appealable?
Civil Service
Rule 13.10 provides:
13.10 Appeals to the Commission.
Only
the following persons have a right of appeal to the Commission:
(a) a state classified employee with permanent status who has
been removed or subjected to one of the disciplinary actions listed in Rule
12.2(b).
(b) a state classified employee who has been discriminated
against in any employment action or decision because of his political or
religious beliefs, sex or race.
(c) a state classified employee who has been adversely affected
by a violation of any provision in the Civil Service Article or of any Civil
Service Rule other than a rule in Chapter 10.
4. If my
complaint is something other than a disciplinary action, how can I tell if it
is appealable?
It depends upon
why you are challenging the action. For example, if you are challenging a
promotion because the person selected was not in the top five grade groups, you
would have a right of appeal to the Commission, because that would be a
violation of a Civil Service Rule. Or if you are challenging the promotion
because the selection was based on political or religious beliefs, sex, or
race, you would have a right of appeal to the Commission based on a claim of
discrimination. On the other hand, if you are challenging the promotion because
you believe you were discriminated against based on some other factor, or you
believe you are better qualified than the person selected, you would not have a right of appeal to the Commission. Your recourse would be to a file a
grievance with your agency and/or a suit in district court. Filing your
complaint elsewhere does not extend
the delays for appealing to the Commission.
5. What must
an appeal contain?
An appeal must be
in writing and be signed by you or your attorney (if you have one). It must
contain the following information:
a. your
(and your attorney’s) mailing address and preferably daytime telephone numbers;
b.
the
action you are challenging;
c.
the date
you received written notice of that action or the date you learned that the
action occurred;
d.
why you
are challenging the action;
e.
the relief you
want.
NOTE: There are
special requirements for pleading discrimination and rule violations. See
below.
6. What must
an appeal based on discrimination include?
You must allege,
in detail, facts (not just conclusions) that, if proved, would lead the
Commission to conclude that the employment action or decision was because of
your political or religious beliefs, sex, or race rather than a job-related
reason. Civil Service Rule 13.11(d) sets out the types of facts (dates, times,
places, names) that must be alleged.
7. What must
an appeal based on a rule violation include?
You must allege,
in detail, facts that, if proved, would lead the Commission to conclude
that a provision of the Civil Service Article or a Civil Service Rule was
violated.
8. Is there a required
format for an appeal?
No; however, a
standard cover sheet can be found here.
9. How long do
I have to file an appeal?
If you are
appealing an action for which written notice is required (such as a
disciplinary action), you have 30 calendar days (holidays, Saturdays,
and Sundays included) following the
date you received your written notice to file an appeal.
If you are
appealing an action for which written notice is not required (or for which
written notice is required, but notice was not given or was given late), you
have 30 calendar days following the date you learned of the action you
are challenging. But even if your awareness of an action was delayed, under no
circumstances can you appeal an action more than 365 days after it occurred.
10. How do I
file an appeal?
Mail, hand
deliver, fax, or e-mail your appeal to the Appeals Division of the Department
of State Civil Service. The mailing address is:
P. O. Box 94111
,
Baton Rouge
,
LA
70804
-9111.
The physical address is: Department of State Civil Service,
Claiborne
Building
,
1201 North Third Street, Suite 3
-
240,
Baton Rouge
,
LA
70802
.
The fax number is (225) 342-8058. The e-mail address is dscs.appeals@la.gov
An appeal is
timely if it is actually received in the Civil Service office in
Baton Rouge
on or
before the deadline or bears a legible USPS postmark showing it was
mailed on or before the deadline.
NOTE: Do not file your appeal at a testing center.
11. How can I prove I mailed the appeal
timely?
Proof of mailing
can only be shown by a legible USPS (not private postage meter)
postmark. The best way to prove timely mailing is to buy a certificate of
mailing from the USPS when you mail the appeal.
12. Does
filing a grievance with my agency extend the time for appealing to the Commission?
No! Filing a grievance does not stop or interrupt the running of the 30 day delay period for
filing an appeal. The grievance process is for employment disputes that are not appealable to the Commission. It is an either-or situation. Either the action
is appealable, in which case you must file with the Commission; or the action
is not appealable, in which case you must file with your agency, using its
grievance procedure.
13. Is there a
fee for filing an appeal to the Commission?
No. There is no
filing fee, but you could be required to pay certain costs, such as copy costs,
witness fees, and transcription costs.
14. How many
copies of my appeal do I need to file?
Just
the original.
15. Who will
hear my appeal?
The State Civil
Service Commission or one of its Referees
16. Where will
my hearing be held?
Referees
currently hold hearings in
Baton Rouge
,
New Orleans
,
Shreveport
,
Ruston
,
Monroe
,
Alexandria
,
Lake Charles
,
and
Lafayette
.
The Commission usually meets in
Baton
Rouge
, although it occasionally conducts hearings
elsewhere.
17. When will my appeal be heard?
Within each
geographical area, appeals are generally heard in the order filed, except that
preference is given to appeals involving employees separated from state
service. Generally, a hearing is scheduled within 2 to 3 months.
18. Must I have an attorney?
No. You may be
represented by an attorney, but you do not have to have one. About two-thirds
of the employees who file appeals choose to be represented by attorneys. If you
choose to be represented by an attorney, you are responsible for paying his or
her fees.
19. If I win my appeal, can I be awarded
attorney’s fees?
You may be
awarded up to $1500 in attorney’s fees if: 1) you are represented by an
attorney; 2) attorney’s fees are requested before the case is concluded; 3) you
are successful in your appeal and 4) if the Commission or a Referee
finds that your agency acted unreasonably.
20. Will Civil Service provide me an
attorney?
No. Civil Service
does not provide attorneys for either the employee or the agency.
However, depending upon your income, you may be eligible for an attorney from a
Legal Services Office.
21. How long does it take to receive a
decision?
The goal of the
Appeals Division is to provide a written decision within 45 days. However,
certain cases take longer, especially complicated ones.
22. How are decisions published?
The Appeals Division
mails a hard copy of the decision to the parties on the day the decision is
issued. Decisions are put on the Civil Service web site shortly after they are
issued.
23. What if there
are errors in the decision?
Typographical errors
in the decision can be corrected. Otherwise, once a decision is issued,
substantive errors can only be changed through established processes. A
Referee’s decision is subject to review by the Commission. The Commission’s
decision is subject to review by the Court of Appeal.
24. What happens in the Application for Review process?
The Commission
reviews the application, the exhibits, and the decision. If the Commission
believes the Referee made an error of fact, it will order a transcript of the
hearing. If the Commission concludes the Referee made an error of law, it will
reverse the decision. If the Commission concludes that more evidence is needed,
it will remand the case to the Referee. If the Commission concludes that no
error was made, it will deny the application.
25. Is there a time limit for filing an Application for
Review of a Referee’s Decision?
Yes, it must be
postmarked or received in the Appeals Division within 15 calendar days after
the decision is issued.
26. Is there a cost for filing an Application for Review
of a Referee’s decision?
No.
27. What needs to be in an Application for Review of a
Referee’s decision?
The application must contain the name and docket number of
the case, specify what factual findings and/or what conclusions of law are
believed to be wrong, and specify which pleadings and exhibits offered into
evidence are to be submitted to the Commission with the application for review.
A transcript of the proceedings before the referee may not be specified as a pleading or exhibit under this rule.
28. Do the parties appear before the Commission during
the Application for Review process?
No. The Commission
reviews the record.
29. How long does the Application for Review process
take?
The Commission
usually issues a decision within 2 months.
30. What happens if the Referee’s decision is not
challenged within 15 days?
The Referee’s
decision becomes the Commission’s decision as of the date the Referee’s
decision was rendered. Once a Referee’s decision becomes the Commission’s
decision it is subject to review by the Court of Appeal.
31. Is there a time limit for filing an Application for
Appeal to the Court of Appeal?
Yes, it must be
postmarked or received in the Appeals Division within 30 calendar days after
the Commission’s decision is issued (including a decision on Application for
Review) or within 30 days after a Referee’s decision is issued if no one files
an Application for Review of the Referee’s decision.
32. Is there a cost for filing an Application for Appeal
to the Court of Appeal?
Yes. There is
currently a $119.50 filing fee (per docket number) and a transcription cost of
$3.00 per page.
33. If I win at the Court of Appeal, will I be reimbursed
costs?
The Court of Appeal
usually orders the losing party to pay costs.
34. What happens in the Court of Appeal process?
The Court of Appeal,
First Circuit reviews the record (including the transcript if requested) to
determine if the decision is in error. The appellate procedure is established
by state law and is also governed by the Uniform Rules of the Courts of Appeal
and the First Circuit’s rules. The First Circuit’s web site is www.la-fcca.org.
35. Do the parties
appear during the Court of Appeal process?
The parties may ask
to present oral argument before the Court.
36. May I
call witnesses in connection with an Application for Review or an Application
for Appeal?
No. The Commission
and the Court of Appeal review what happened at the trial level. If more
evidence is needed, the Commission or the Court will remand the case.
37. May I call
the Appeals Division for advice about my case?
No. The staff of
the Appeals Division is prohibited from giving legal advice.
(Rev. 11/9/06)
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