Chapter 3 – Personnel, Training, and Employee Relations

33030.28.2 Review of the SPB Decision

• A committee comprised of the AGC, an EAPT Supervisor, and an attorney specializing in writs and appeals shall convene to review all SPBState Personnel Board (see CalHR) decisions that modified or revoked the adverse action. The assigned Vertical Advocate shall present the case to the EAPT Appeals Committee for discussion, and the BIR shall be invited to all committee meetings. In cases presented to the SPBState Personnel Board (see CalHR) by contract counsel, a Vertical Advocate shall be assigned to present the case to the EAPT Appeals Committee.

• The EAPT Appeals Committee shall do the following:

  • Meet monthly, unless there are no cases to consider. Additional meetings will be scheduled, as needed.

  • Notify the BIR regarding all committee meetings.

  • Determine whether to seek review of the SPBState Personnel Board (see CalHR) decision.

  • In making its decision to seek review of the SPBState Personnel Board (see CalHR) decisions, the committee will consider:

    • The recommendation of the Vertical Advocate assigned to the case and the SAIG, for cases the BIR is monitoring.

    • The likelihood of prevailing on appeal.

    • The egregiousness of the SPBState Personnel Board (see CalHR)’s decision on legal or factual issues.

    • Whether the case has a potential collateral estoppel impact on other litigation.

    • Whether other departmental concerns are implicated.

    • The fiscal risks implicated in the pursuit of an appeal.

    • The potential precedential impact of the decision to appeal or not to appeal.

    • Unit workload and the availability of external resources.

    • Such other facts as may be present in the particular case under consideration.

  • Solicit and discuss strategies to shape the decisional law governing the SPBState Personnel Board (see CalHR).

  • Identify legal and procedural issues encountered at administrative hearings (i.e., SPBState Personnel Board (see CalHR), DPADepartment of Personnel Administration (see CalHR), Unemployment Insurance Appeals Board, Workers’ Compensation Appeals Board, etc.) that are in need of resolution.

  • The committee’s decision to seek or not to seek permission to file a writ petition shall be communicated to the Hiring Authority and the CAIG for cases the BIR is monitoring. A decision to seek permission to file a writ petition requires that the communication include advice that the SPBState Personnel Board (see CalHR) decision being appealed is not final until the appeal has been resolved. Also, in appropriate cases, a stay shall be sought from the appellate court.

• The assigned writs and appeals attorney is responsible for preparation of any Governor’s Office Action Request (GOAR) and the writ petition. Workload considerations may require the Vertical Advocate to accept this responsibility, under the direction of the writs and appeals attorney.

  • The GOAR shall be prepared, and its circulation for approval commenced, within five (5) business days of the assignment.

  • When the GOAR is approved, the writs and appeals attorney (or assigned Vertical Advocate) shall, within fifteen (15) business days:

    • Order the SPBState Personnel Board (see CalHR) Hearing transcript.

    • Prepare and serve the petition for a writ.

  • As appropriate, at the time of the filing of the writ petition, the writs and appeals attorney (or assigned Vertical Advocate) will file an ex parte application for a stay of the SPBState Personnel Board (see CalHR) decision.

  • The writs and appeals attorney (or assigned Vertical Advocate), in consultation with the BIR attorney for cases the BIR is monitoring, shall prepare a memorandum to the Hiring Authority, as soon as the matter is final (either by acquiescence to the decision, settlement, or completion of any appeal). The memorandum shall include specific guidance of what steps must be taken, if any, to satisfy the final decision or settlement.