Management Reconsideration Procedure
April, 1999

PURPOSE

P220.1 The reconsideration procedure provides San Francisco State University employees designated below with a process for the consideration and orderly disposition of requests to consider specific personnel actions. The objective is to encourage discussion and resolution of such requests.

SCOPE

P220.2 This procedure pertains to an employee of San Francisco State University who is a member of the Public Employees’ Retirement System or the State Teachers’ Retirement System, and who is not represented by an exclusive representative under the Higher Education Employer-Employee Relations Act (HEERA), and who requests in writing reconsideration of personnel actions concerning promotion, retention, evaluation, assignment, reassignment, and hours of work. This procedure may not be utilized to appeal any other personnel actions, including a salary decision by the President, or any personnel action for which a separate appeal or hearing procedure is provided.

DEFINITIONS

P220.3 Immediate Supervisor - A supervisor or manager to whom the employee is normally accountable who serves as the first level reviewing officer.

P220.4 President - President of the University or his/her designee.

P220.5 Days - Shall mean calendar days, except as provided in Section P220.8.

GENERAL PROVISIONS

P220.6 Except for persons reporting directly to the President, three levels of review are provided. For requests from those employees reporting directly to the President, the President shall agree to reconsider the matter prior to making a final determination.

P220.7 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 under consideration is outside the scope of this procedure, the employee shall be informed in writing and the proceedings shall be terminated.

P220.8 Failure of an employee to comply with the time limits specified in this procedure shall render the employee’s request for reconsideration null and void and bar any subsequent reconsideration of the employee’s request. Failure by the immediate supervisor to submit a timely response under this procedure shall permit the employee to submit a request for reconsideration at the second level, if applicable. Time limits set forth in this procedure may be extended by mutual agreement. In computing any period of time from a specific event, the day upon which such event occurred shall be excluded and the last day upon which any action is required to be taken shall be included. When the last day for any action required by this procedure falls on a Saturday, Sunday, or University holiday, the time limit shall be extended to the next University Calendar work day.

P220.9 All requests for reconsideration and all proceedings pursuant to this procedure shall be confidential.

P220.10 San Francisco State University will not take any reprisals against any employee because of the employee’s utilization of this procedure. Complaints regarding allegations of reprisals should be submitted to the President.

P220.11 An employee may, in writing, withdraw a request for reconsideration at any time. Thereafter, the employee may not file any subsequent requests for reconsideration on the same matter.

PROCEDURE

P220.12 First level review, Immediate Supervisor - The employee shall initiate the request for reconsideration in writing to the immediate supervisor. Such a request must be made within thirty (30) calendar days of the date the employee knew or should have reasonably known of the personnel action giving rise to the request. The request shall identify the personnel action or remedy in question and state the change sought by the employee.

The employee and his/her immediate supervisor shall meet to discuss the requested reconsideration within fourteen (14) calendar days of receipt. A written review will be accomplished by the Reviewing Officer at the first level, stating the results and the decision made.

P220.13 Second Level Review, Dean/Director - If the issue for reconsideration is not resolved at the first level, the employee may in writing within 14 days after he/she received or should have received the first level decision, request a second level meeting and review with the Dean/Director. Such a request shall identify the personnel action in question, the results of the first level meeting, and the result sought by the employee. The Dean/Director shall meet with the employee to discuss the matter within 14 days of the receipt of the written request for the meeting. Within 14 days of the second level meeting the second Level Review Officer will render a written decision. Copies will be sent to the employee, the President, Cabinet Level Officer and the Director of Human Resources.

P220.14 Third Level Review, President - In the event the matter is not resolved by the decision at the second level, the employees may in writing with in 14 days after he/she received, or should have received, the level two decision, request a third level meeting and review with the President or designee (Cabinet Level Officer). Such a request shall identify the personnel action in question, the results of the second level review meeting and the result sought by the employee. The President or designee shall meet with the employee within 14 days to discuss the request for reconsideration and render a decision within 21 days of the meeting. The decision of the President or designee shall be final and binding.

P220.15 The Cabinet Level Officer may conduct the third level review and determine the matter personally or convene a panel to review and determine the appropriate action to be taken. The decision reached by the panel shall be final and binding.

REFERENCES

P220.16 Chancellor’s Executive Order No. 416, dated November 1, 1984.

P220.17 Title 5, California Administrative Code Sections 42728 and 43775.

The Reconsideration Personnel Practice Directive was approved by the President on August 31, 1987