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President Paul Zingg

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Executive Memorandum 07-02

January 18, 2007

From: Paul J. Zingg, President

Subject: Executive Memorandum 07-02,  Reconsideration Procedures for 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.

The reconsideration procedures prescribed herein 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.

The informal procedures so prescribed 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.

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 working days following the event giving rise to the request.  The notification shall include

  1. a description of the events giving rise to the request
  2. any applicable documentation
  3. the reasons for the request
  4. a proposed remedy

Within ten working days of receipt of the notification, the immediate supervisor shall hold a meeting with the employee requesting reconsideration at a mutually acceptable time to discuss the request.  A representative of his/her choice may accompany the employee.

The immediate supervisor shall respond in writing to the reconsideration request no later than fifteen working days after the meeting with the employee. A copy of the response will be provided to the Vice Provost for Human Resources.

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 Vice Provost for Human Resources within ten working days of receipt of the Stage 1 written response.  The appeal must be in writing and shall include

  1. The reason for the appeal
  2. A copy of all materials submitted at the Stage 1 review
  3. A copy of the immediate supervisor’s Stage 1 response

The Vice Provost for Human Resources will notify the President or designee of the written appeal and the need to meet with the employee and will provide a copy of the Stage 2 appeal and the Stage 1 response. The President or designee shall meet with the employee (and representative, if any) within fifteen working days of receipt of the appeal to discuss the issue/s raised in the written appeal.

The President or designee shall provide a decision in writing within fifteen working days following the Stage 2 meeting.  A copy of the decision will be provided to the immediate supervisor and the Vice Provost for Human Resources.

The decision of the President or designee shall be final.