RECONSIDERATION PROCEDURE
Human Resources
Procedure Governing Requests for Reconsideration from
Employees Not Represented By an Exclusive Representative
In accordance with Executive Order 923: Reconsideration Procedures for California State
University Monterey Bay (CSUMB) Employees Not Represented by an Exclusive Representative
issued pursuant to Sections 42728 and 43775 of Title 5 of the California Code of Regulations,
CSUMB establishes this internal procedure to provide its employees with a process for the
consideration and orderly management of requests for reconsideration.
This procedure applies to employees who request reconsideration of personnel actions
exclusively concerning evaluation, assignment, promotion, reassignment, retention, and work
hours. It is the practice of CSUMB to encourage discussion and seek resolution of such requests.
Note: This procedure may not be utilized to appeal a salary decision by the President or
designee, other personnel actions, or any personnel action where a separate appeal or hearing
procedure exists.
Definitions
 Employee: any employee of CSUMB 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).
 Appropriate Administrator: an employee serving in a position designated as management
or supervisor.
 Days: calendar days.
 Immediate Supervisor: the first level HEERA designated supervisor or manager to whom
the employee is accountable.
General Provisions
 This procedure provides for 2 review levels, except for individuals reporting directly to the
President. Employees reporting directly to the President have one level of review. The
decision of the President and his/her designee concerning requests for reconsideration
shall be final.
 If at any time during this procedure, it is determined that 1) the employee is not entitled to
use this procedure, or 2) the matter complained of is outside the scope of this procedure,
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the employee shall be so informed in writing and the proceedings terminated.
 The employee is required to strictly comply with the time limits of this procedure and the
failure to meet those time limits shall be cause for denying the request for reconsideration.
Failure by the immediate supervisor or other appropriate administrator to issue a timely
response under this procedure shall permit the employee to submit a request for
reconsideration at the next level, if a second level exists. Time limits set in this procedure
may be extended by agreement. In computing any period of time from a specific event,
the day in which an event occurs shall be excluded and the last day in which any action is
required to be taken shall be included. When the last day for any action required by this
procedure falls on Saturday, Sunday, or holiday, the time limit shall be extended to the
next regular workday.
 CSUMB will not take any reprisals toward an employee because of the employee’s invoking
this procedure. Complaints regarding an allegation of reprisal should be submitted to the
Associate Vice President of Human Resources or his/her 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.
Review Level(s)
 An employee must notify the immediate supervisor of the complaint, request or allegation
by asking, in writing, for an appointment within 14 days of the decision or personnel action
giving rise to the request. The immediate supervisor shall meet with the employee to
discuss the matter within 14 days of the receipt of the written request for the meeting. The
supervisor shall document the results of this meeting within 14 days of the meeting with
the employee, and provide a copy of such documentation to the employee (see Form A).
 Should the matter remain unresolved at the first level, the employee may request in
writing, reconsideration with the President or his/her designee. Such a request for
reconsideration must be received by the President or his/her designee within 10 days of
the employee's receipt of the first level recommendation. This written request shall specify
relevant dates, times, places, persons and other facts necessary for a clear understanding
of the matter in question and shall include the results of the first level meeting. The
President or his/her designee and the employee shall meet to discuss the request. Within
20 days after the receipt of the request for the second level review, the President or
his/her designee shall render a written decision to the employee (see Form A). Failure to
render a decision within such 20 days shall be deemed a denial of the request. The decision
of the President or his/her designee shall be final.
 Individuals reporting directly to the President have one stage of review. An employee must
notify the President of the complaint, request or allegation by asking, in writing, for an
appointment within 14 days of the decision or personnel action giving rise to the request.
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Such a request shall describe the nature of the reconsideration request and provide
pertinent information or documentation such as relevant dates, times, places, persons and
other facts necessary for a clear understanding of the matter in question. The President
and the employee shall meet to discuss the request. Within 20 days after the receipt of the
request for the second level review, the President shall render a written decision to the
employee (see Form A). Failure to render a decision within such 20 days shall be deemed a
denial of the request. The decision of the President shall be final and binding.
 To view Form A, please visit: http://hr.csumb.edu/forms
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