Denial of MSA

Legal Authority

Government Code sections 19832 and 19836 and Rules 599.684 and 599.859.

DPA Rule

A rank-and-file employee may file an appeal from the denial of a merit salary adjustment (MSA) with DPA. An excluded employee must follow the grievance procedure set forth at DPA Rule 599.859.

Notice Required By Appointing Power

Except as otherwise provided by statute for units 5, 8, and 16, a rank-and-file employee must be informed when an MSA will be denied and must be advised of the reason for denial. The appointing power thereafter certifies the action to DPA. (The procedures applicable for managers and supervisors are set forth in Article 14 of the DPA rules.)

Time Limits

Within ten days of notice, the employee may file a written request with the appointing power for reconsideration under the agency's grievance procedure. Within 15 days after exhausting the departmental remedy, the employee may appeal to DPA (Rule 599.684).

The time limit may be extended for 30 days if good cause for the delay is shown (Rule 599.904).

Type of Hearing

The hearing is conducted by an ALJ.

Issues

Whether the employee has met reasonable standards of efficiency required for his/her position. DPA shall sustain the appointing power if the determination to deny the MSA is supported by substantial evidence (Rule 599.684).

Contract Variations

Unit 1 (SEIU) Professional, Administrative, Financial and Staff Services - Article 11.7

Unit 3 (SEIU) Professional Educators and Librarians - Article 11.7

Unit 4 (SEIU) Office and Allied - Article 11.7

Unit 11 (SEIU) Engineering and Scientific Technicians - Article 11.7

Unit 14 (SEIU) Printing and Allied Trades - Article 11.7

Unit 15 (SEIU) Allied Services - Article 11.7

Unit 20 (SEIU) Medical and Social Services - Article 11.7

Unit 21 (SEIU) Education Consultants and Library - Article 11.7

Denial of the MSA shall be subject to the grievance and arbitration process.

Unit 6 (CCPOA) Corrections - Article 15.03

An employee whose MSA is denied under this section may grieve the denial under the procedure described below up to the mini-arb procedure process described in Section 6.13.

Unit 7 (CAUSE) Protective Services and Public Safety - Article 19.3

A denial of a MSA may be appealed to the third step of Article 6 as the final level of review.

Unit 8 (CDFF) Firefighters - Article 17.1

The MSA program is replaced by Performance Salary Adjustments (PSA). At the discretion of the appointing power, employees who are not granted a PSA may be reconsidered for a PSA at any future time, but at least within 90 days.

Unit 9 (PECG) Professional Engineers - Article 3.2

Unit 16 (UAPD) Physicians, Dentists, and Podiatrists - Article 10.2

Unit 19 (AFSCME) Health and Social Services/Professional - Article 7.2

Notwithstanding DPA Rule 599.684, an employee whose MSA is denied may pursue grievance and arbitration.

Updated October 31, 2007 at 11:43 AM.