Merit Issue Complaint Process
CalPERS adheres to the California civil service merit system principles through a competitive hiring process. The basic tenant of the state’s merit system requires that individuals hired into and promoted within civil service be selected on the basis of their job-related qualifications. As such selection decisions will be free of illegal discrimination and political patronage. The CalPERS Merit Issue Complaint Process provides information to applicants and team members for addressing merit issue complaints.
What Are Merit Issue Complaints?
Merit issue complaints are defined as “complaints that the State Civil Service Act or Board regulation or policy has been violated by a state agency. These complaints include but are not limited to, interference with promotional opportunities, interference with a person's access to any State Personnel Board (SPB) appeals process, and the designation of managerial positions pursuant to Government Code section 3513. Merit issue complaints do not include appeals of actions that are specifically provided for elsewhere in law or in SPB regulations.” (California Code of Regulations, Title 2, Section 66.1)
How Does it Work?
“The California civil service selection system is a merit-based system. The basic tenant of the state’s merit system requires that individuals hired into and promoted within the civil service be selected on the basis of their job-related qualifications and that such selection decisions be free of illegal discrimination and political patronage."
An applicant or team member may file a merit issue complaint with CalPERS Human Resources Division within three years of the alleged violation of the State Personnel Board (board) regulation or policy.
CalPERS Human Resources Division has 90 days from receipt of the complaint to research the complaint and issue a response, including information about appeal rights.
An applicant or team member may challenge the decision to the board within 30 days after:
- CalPERS’ decision or denial of the complaint
- Failure of CalPERS to respond to the merit issue complaint within 90 days of its receipt
If CalPERS fails to respond within 90 days of receipt of the complaint, it will be deemed a denial of the complaint which will release the appellant to file a merit issue complaint directly with the SPB Appeals Division.
Contact
You may submit your merit issue complaint to CalPERS:
Public Employees' Retirement System
Human Resources Division, Merit Issue Complaint
P.O. Box 942718
Sacramento, CA 94229-2718
Email Human_Resources@calpers.ca.gov
You may submit your appeal to the State Personnel Board:
State Personnel Board
Appeals Division
801 Capitol Mall
Sacramento, CA 95814-4806
Email appeals@spb.ca.gov