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Requests for Reconsideration From Management Personnel Plan (MPP) Employees

The following procedure shall be utilized by an employee of California State Polytechnic University, Pomona (hereinafter referred to as "Cal Poly Pomona") who is a member of the Management Personnel Plan (MPP) at Cal Poly Pomona who requests reconsideration of personnel decisions that are adverse to the employee, including those relating to retention, evaluation, promotion, demotion, assignment, reassignment and/or hours of work.  It is the policy of Cal Poly Pomona to encourage discussion and seek resolution of such requests.

PURPOSE

To establish a procedure that provides MPP employees, who are not represented by an exclusive representative, a process for reconsideration and an orderly disposition of issues pursuant to Executive Order 1106.  Requests for reconsideration shall be considered in good faith in the spirit of due process.

APPLICABILITY

This procedure is issued pursuant to Section 42728 of Title 5 of the California Code of Regulations (CCR).  The reconsideration procedures prescribed herein apply only to those California State University employees who are members of the Management Personnel Plan (MPP) as defined in Title 5, Section 42720 of the CCR.  The Procedures shall apply to requests for reconsideration of personnel actions concerning promotion, retention, evaluation, assignment, reassignment, and hours of work.

REFERENCES

GENERAL PROVISIONS

These procedures provide for two stages of review.  If at any time during this procedure it is determined that, (a) the employee is not entitled to use this procedure, or (b) the matter is outside the scope of this procedure, the employee shall be so informed in writing and the proceedings shall be terminated.

Failure by an employee to comply with the time limits of this procedure shall render the employee's request for reconsideration null and void and bar any subsequent consideration of the employee's request.  Meetings and communications (including written responses) to the employee seeking reconsideration of a personnel action must be completed in a timely manner.  Failure by the immediate supervisor to timely respond under this procedure shall permit the employee to submit a request for reconsideration at the next level. 

If the last day for any action required by this procedure falls on a Saturday, Sunday, or Cal Poly Pomona holiday observance, the time limit shall be extended to the next regular Cal Poly Pomona workday.  Time limits set forth in this procedure may be extended by mutual agreement. 

Cal Poly Pomona will not take any reprisals against an employee because of the employee's utilization of this procedure.  Complaints regarding allegation of reprisals should be submitted to the President and/or designee.

An employee may withdraw, in writing, a request for reconsideration at any time.  The employee shall not file any subsequent request for reconsideration on the same matter.  The appropriate administrator(s) will be apprised of all reconsideration requests at each level of the procedure.

STAGES OF REVIEW

Stage One:  If an employee wishes to request reconsideration of personnel decision(s), he or she must notify the immediate supervisor within five (5) working days from the occurrence of the event(s) giving rise to the request.  In cases involving non-retention or demotion, the employee may initiate the reconsideration request with the Human Resource Services designee, Sharon L. Reiter, Associate Vice President, Human Resource Services, rather than the employee's immediate supervisor.  The request shall be in writing and shall describe in detail, the personnel action(s) to be reconsidered, the reason for the request to reconsider, and the employee's suggested remedy/solution.  The stage one review consists of a meeting between the employee and the employee's immediate supervisor or HRS designee.  The immediate supervisor or HRS designee will within ten (10) working days from receipt of the request for reconsideration seek to schedule the initial review meeting with the employee.  The immediate supervisor or HRS designee will notify the appropriate administrator, and will meet with the employee to discuss the matter, take whatever steps are necessary to investigate the matter, and will respond in writing to the employee within 21 working days from the date of the stage one meeting with the employee. 

Stage Two:  If the matter is not resolved at the initial meeting, the employee may notify the President or designee in writing describing the nature of the reconsideration request and the results of the stage one meeting.  This written request must be submitted within five (5) working days of receipt of the stage one response.  The President or designee shall meet with the employee to discuss the request.  Following this meeting, the President or designee shall make a final decision concerning the request and will respond in writing to the employee within 21 working days of the date of the stage two meeting.  The President's or designee's decision shall be final and binding.

PDF Version

March 2017