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Issues (On Appeal)

Section 19-10 lists the types of matters that may be appealed and is jurisdictional.  If the action appealed is not one of the subjects listed within the rule, or the remedy sought is not one that the hearing officer has authority to grant, the hearing officer has no authority to consider the arguments or merits of the appeal. In re Valdez, CSA 96-06, 1 (Order 11/16/06). 

A written reprimand may not be appealed. In re Valdez, CSA 96-06, 1 (Order 11/16/06); §19-10 B 2.e).

The 2006 amendments to the Career Service Rules make it clear that an applicant may no longer appeal a disqualification decision made by the personnel director or his designee. In re Connors, CSA 35-06, 3 (Order 8/9/06).

Section 19-10 A. provides no basis for a direct appeal of the amount of accrued vacation leave and compensatory time determined by the city auditor. 
In re Lovin, CSA 27-06, 1 (Order 5/18/06); §14-51.  

A direct appeal under §19-10 may be taken to challenge the acts of an appointing authority only. 
In re Lovin, CSA 27-06, 1 (Order 5/18/06).

Only a “needs improvement” PEPR may be appealed. 
In re Stenke, CSA 14-06, 1 (Order 3/15/06).

While an individual may grieve any performance rating, only those matters that negatively affect pay, benefits, or status may be appealed if a grievance is denied. 
In re Stenke, CSA 14-06, 1 (Order 3/15/06); §§ 13-50 A. and 18-40 E.4.

Challenge to legality of background check is not properly before hearing officer on appeal when appellant answered the questions without objection, and did not assert a discrimination claim in the appeal. 
In re Mitchell, CSA 05-05, 8 (6/27/05).

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