Chapter 3 – Personnel, Training, and Employee Relations

33030.28.1 Role of the Vertical Advocate at the SPB Hearing

• At the SPBState Personnel Board (see CalHR) Hearing, the Vertical Advocate shall prosecute the adverse actions as follows:

  • Present the evidence through witness testimony, stipulating only when the facts are not in dispute and there is no possibility of weakening the case to be presented.

  • Within ethical limits, present evidence in the best light possible for the Department.

  • Challenge testimony presented by the appellant, including challenges to “expert” testimony by assessing the following:

    • If the witness is an “expert” as defined by statute and case law.

    • If the “expert’s” testimony is incompatible with his or her employment.

    • Whether the “expert’s” testimony should be challenged on the basis that it is irrelevant, calls for speculation, or calls for an opinion on the truth or falsity of certain statements.

• If required by the SPBState Personnel Board (see CalHR) or the circumstances, the Vertical Advocate shall do the following:

  • Prepare a written closing argument;

  • Brief legal issues that arose during the SPBState Personnel Board (see CalHR) Hearing and require a decision. To ensure consistency in briefing, the Vertical Advocate shall review and update any briefs available in the EAPT brief bank;

  • Present briefing and oral argument to the members of the SPBState Personnel Board (see CalHR).

• Following the SPBState Personnel Board (see CalHR) Hearing, the Vertical Advocate shall do the following:

  • Maintain contact with the Hiring Authority until the case is closed;

  • Confer with the SAIG for cases the BIR is monitoring;

  • File a petition for rehearing, as appropriate;

  • When the SPBState Personnel Board (see CalHR) sustains the action or the merit appeal is denied, prepare the file for archiving as follows:

    • Organize the file so that information is readily available should the appellant petition for a rehearing or petition for a writ of mandate;

    • Close the file only after the petition for rehearing has been resolved or the 30-day filing period for the petition for rehearing has expired.

  • Consult with the Hiring Authority’s Personnel Office regarding all back pay issues, including the following:

    • Obtaining calculations of back pay due to the employee.

    • Challenging overpayments.

    • Defending the Department’s position at SPBState Personnel Board (see CalHR) back pay hearings.

  • Refer the case to the EAPT Appeals Committee when appropriate under the EAPT Post SPBState Personnel Board (see CalHR) Hearing Writs and Appeals Policy.