Reconsideration Procedures for CSU, Chico Employees Not Represented by an Exclusive Representative

Executive Memorandum 07-002

January 18, 2007

From: Paul J. Zingg, President

Subject: Reconsideration Procedures for CSU, Chico Employees Not Represented by an Exclusive Representative (Revised July 1, 2011)

CSU, CHICO EMPLOYEES NOT REPRESENTED BY AN EXCLUSIVE REPRESENTATIVE

This Executive Memorandum is issued pursuant to Executive Order 923 of the California State University and section 42728 of Title 5 of the California Code of Regulations.

These reconsideration procedures apply only to those university employees who are members of the Public Employees’ Retirement System and who are not represented by an exclusive representative under the Higher Education Employer-Employee Relations Act, specifically employees under the Management Personnel Plan and Confidential employees.

These informal procedures are the only administrative remedy available to employees who seek reconsideration of personnel actions concerning retention, evaluation, promotion, assignment, reassignment, and hours of work.  (These procedures do not apply to employee discipline.)

It is the policy of California State University, Chico to encourage discussion and conduct a good faith review of the issues presented by the employee.

Reconsideration shall provide two stages of review, except for individuals reporting directly to the President.  Employees who report directly to the President may submit a request for reconsideration directly to the President.

The term day as used in this executive memorandum refers to a calendar day. The time in which an act provided in these procedures is to be done is computed by excluding the first day and including the last, unless the last day is a holiday or other day on which the University is not regularly open for business, in which case it is also excluded.  Timelines may be extended by written mutual agreement between the parties.

Stage 1 of Review (Reconsideration)

An employee who seeks reconsideration shall notify his/her immediate supervisor in writing with a copy to the appropriate vice president of the request for reconsideration within twenty (20) days following the event giving rise to the request.  The notification shall include

  • A description of the events giving rise to the request
  • Any applicable documentation
  • The reasons for the request
  • A proposed remedy
  • A request to meet with the immediate supervisor, if employee wishes to meet in addition to the submission of the written materials.

If the employee submits a request to meet, the immediate supervisor shall schedule a meeting within fifteen (15) days. The immediate supervisor shall respond in writing within fifteen (15) days following either the meeting with the employee or the receipt of the written request for reconsideration. A copy of the response will be provided to the Human Resources Services Center.

Stage 2 of Review (Appeal of Decision)

If the matter is not resolved to the employee’s satisfaction, he/she may choose to submit a written appeal to the Human Resources Services Center within fifteen (15) days of receipt of the Stage 1 written response.  The appeal must be in writing and shall include

  • The reason for the appeal
  • A copy of all materials submitted at the Stage 1 review
  • A copy of the immediate supervisor’s Stage 1 response
  • A request to meet, if employee wishes to meet in addition to the submission of the written materials.

If the employee submits a request to meet, the President or designee shall schedule a meeting within fifteen (15) days.  The President or designee shall provide a decision in writing no later than fifteen (15) days following either the Stage 2 meeting or the receipt of the written request for appeal of decision.  A copy of the decision will be provided to the immediate supervisor and the Human Resources Services Center.

The decision of the President or designee shall be final.