APPEAL PROCEDURES

FILING OF APPEAL

A person has 20 calendar days, from the date notification of adverse action taken by the mayor, the director or appointing authority (hereinafter Employer) was sent, to file a written appeal to the Civil Service Commission. (The written appeal must be filed on the proper form as supplied by the Commission. Request for proper forms may be made by phone, 527-5609, or e-mail, ncuban@honolulu.gov. Proper forms are also available at the front counter of the Department of Human Resources, 650 South King Street, 10 th Floor.)

According to the Rules of the Civil Service Commission, § 1-34 (b), a person is required to exhaust all internal complaint procedures, including administrative review and departmental complaint procedures, before an appeal is filed with the commission. In addition, the commission shall not act on an appeal if the action complained of constitutes a prohibited act that is subject to the jurisdiction of another appellate body or administrative agency. The commission shall not act on appeal if the appeal involves matters covered by the grievance procedures contained in each of the collective bargaining agreements. The commission would dismiss the appeal and defer to the other authority. The commission shall also not proceed on an appeal if there is any controversy regarding its authority to hear the appeal until the controversy is resolved by the Hawaii Labor Relations Board. The commission shall use the condition listed in section 76-41 (b), HRS in reaching a decision on whether an action taken by the appointing authority based on a failure by the employee to meet the performance requirements of the employee’s position is with or without merit.

ANSWER FROM EMPLOYER

Upon receipt of the written appeal, the Commission's secretary will forward a copy of the appeal to the Director or to the appropriate appointing authority whose action is being appealed.

The Employer will be given at least ten working days to issue a written answer responding to any issues raised in the written appeal or presenting other relevant issues or information not discussed by the employee/appellant.

Upon receipt of the Employer's written answer, the Commission's secretary will forward a copy to the appellant or his/her authorized agent.

APPEAL HEARING

The Commission's secretary will send notification of the hearing date for the appeal to the appellant or his/her authorized agent at least two weeks before the scheduled hearing.  A hearing notice will also be sent to the department involved.

ADDITIONAL INFORMATION

Should either party wish to present any additional information to the Commission, presentation will be allowed at the appeal hearing as additional evidence or exhibits.

HEARING PROCEDURE

The hearing procedure will be held according to accepted legal practice; however, it will be conducted in an informal manner.  You may be represented by an attorney, business agent, or any other person that you wish, or you may appear in your own behalf.

1.   When your appeal is called, you will be asked to come forward along with your representative, if you have one, and be seated at the conference table.  You will be asked to identify yourself and the person who will be presenting your appeal.

2.   The Chair will then ask the representative of the Employer to come   forward and identify himself/herself.

3.   As the appellant, you will then be asked to proceed with the presentation of your case. The questioning of your witnesses, presentation of any document and/or evidence should be made at this time.

4.   When you have finished your presentation, the Employer's representative will be allowed to cross-examine all witnesses called to testify in your behalf, including yourself, on statements made during their testimony.

5.   You will then be given an opportunity to clarify any matter asked of your witnesses on cross-examination.

6.   The Employer will then proceed with the presentation of its case.

7.   At the completion of the Employer's case, you will have an opportunity to cross-examine any and all witnesses called by the Employer.

8.   The Employer will then be allowed to clarify any of the matters asked of the Employer's witnesses during cross-examination.

9.   The Commissioners, at any time, may question the party or witnesses testifying before them.

10.  When the Commissioners have completed their questioning, they will then deliberate the matter and, on a proper motion, vote on the appeal.

COMMISSION ACTION

If the Commission finds that the Director or appointing authority violated any applicable civil service rule, regulation, law or policy, the Commission shall grant relief to the appellant as allowed by law.  If the Commission finds that the Director or the appointing authority did not violate any applicable civil service rule, regulation, law or policy, the Commission shall deny the appeal and uphold the action of the Director or appointing authority.

NOTICE OF DECISION

The Commission shall notify all parties of its decision and order by delivering or mailing a certified copy of the decision and order to each party or to such party's attorney of record.

Should you, as the appellant or representative of the appellant, have any questions as to the procedures that will be followed during an appeal hearing, please so inform the Commission when your case is called.  The Commission will, at that time, clarify any questions you may have regarding the above-described hearing procedures.