The Office of Technical Complaints responds to technical complaints filed by appointing authorities, employees, applicants, and bargaining unit representatives who are dissatisfied with staff decisions in the areas of classification, selection, appointments and requests to approve disbursements for personal services outside the classified service.

TECHNICAL CLASSIFICATION AND QUALIFICATION COMPLAINTS

Civil Service Commission staff or authorized appointing authorities make technical decisions regarding (1) classifying a position in the classified service or (2) determining the qualifications and fitness of a candidate for a position in the classified service. Appointing authorities, employees, and applicants may file written technical complaints that a technical decision (1) violated Article 11, Section 5, of the Michigan Constitution, (2) violated a civil service rule or regulation, or (3) was arbitrary and capricious.

A technical complaint must be filed with the Civil Service Commission within 14 calendar days after the mailing date to the complainant of the technical decision. The complainant must file their complaint using the appropriate subject matter complaint form.

If the complaint is not administratively dismissed, the complaint will be assigned to a Technical Review Officer (TRO) to conduct a technical review. The TRO shall conduct a new review of all submissions and decide the matter based on the submissions, departmental records, civil service rules and regulations and technical expertise.

The TRO shall issue a final Technical Review Decision. An interested party in the technical review proceeding may file an application for leave to appeal to the Civil Service Commission within 28 calendar days after the date of a final Technical Review Decision in a classification matter. A Technical Review Decision in a qualification matter represents the final decision of the Civil Service Commission.

Further information on the technical classification and qualification complaint processes can be obtained from the following sources:

Rules and Regulations

Forms

Technical Review Officer

Kenneth Melaragni
Chief Technical Review Officer
Telephone: 517-373-3039
Email: MelaragniK@mi.gov
Fax: 517-241-9099

TECHNICAL APPOINTMENT COMPLAINTS

Technical appointment decisions are the decision of (1) an appointing authority appointing a candidate to a position in the classified service or (2) civil service staff certifying or revoking an appointment to a position in the classified service.

An unsuccessful candidate for appointment to a position in the classified service or an employee or appointing authority whose appointment is revoked may file a technical appointment complaint that the appointment or appointment revocation (1) violated Article 11, Section 5 of the Michigan Constitution, (2) violated a civil service rule or regulation, or (3) was arbitrary and capricious.

A technical complainant may file a technical appointment complaint with the Civil Service Commission using the Technical Appointment Complaint form (CS 212d). Copies of complaints over appointments must be filed with the appointing authority that made the disputed appointment. To be timely, the complaint must be received by the Civil Service Commission within 14 calendar days of the later of the effective date of the technical appointment decision or the mailing date of notice of the decision. If notice of the decision was not sent, a complaint must be filed within 6 months after the effective date of the appointment.

If the complaint is not administratively dismissed, the complaint will be assigned to a Technical Review Officer (TRO) to conduct a technical review. A TRO is not authorized to conduct a hearing, but may meet with the complainant or other interested parties to discuss the complaint. If the complaint raises a genuine issue of material fact that cannot be adequately determined under the technical complaint procedures, the TRO may certify questions of fact to a hearing officer. The hearing officer shall then conduct a hearing and issue a written recommendation on the certified question of fact to the TRO.

The TRO shall review all submissions, including any hearing officer recommendation, and decide the matter based on the submissions, departmental records, civil service rules and regulations, and technical expertise. The TRO shall issue a final Technical Review Decision.

An interested party in the technical review proceeding may file an application for leave to appeal of a final Technical Review Decision to the Civil Service Commission within 28 calendar days after the date of the decision.

Further information on the technical appointment complaint process may be obtained from the following sources:

Rules and Regulations