Technical Complaints

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

Department of Civil Service 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 are authorized by Civil Service Commission Rules to file written technical complaints that the 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 complainant may file a technical classification or qualification complaint with the Department of Civil Service 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 review de novo (a new independent review of the matter) all submissions and decide the matter based on the submissions, departmental records, civil service rules and regulations and their technical expertise.

Upon completion of the technical review, 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, as provided in the civil service rules and regulations within 28 calendar days after the date of the decision.

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

Rules and Regulations

The following Civil Service Commission Rules and Civil Service Regulations provide the legal structure for the technical classification and qualification complaint process:

• Civil Service Commission Rule 4-3: Appeals
• Civil Service Commission Rule 8-3: Technical Complaints
• Civil Service Regulation 8.02: Technical Classification and Qualification Complaints
• Civil Service Regulation 8.05: Employment Relations Board Appeal Procedures
• Civil Service Regulation 8.06: Computing Time and Filing Documents

Forms

• CS 212a - Technical Classification Complaint
• CS 212b - Technical Qualification Complaint

Technical Review Officers

Richard Crittenden
Chief Technical Review Officer
Telephone: 517-335-4970
Email: CrittendenR@michigan.gov
Fax: 517-241-9099

Michael Ford
Technical Review Officer
Telephone: 517-373-8231
Email: FordM@michigan.gov
Fax: 517-241-9099

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

Technical Appointment Complaints

Department of Civil Service staff or appointing authorities are authorized to make technical appointment decisions. Technical appointment decisions are (1) the decision of an appointing authority appointing a candidate to a position in the classified service or (2) decision of 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 the employee and/or the employee's appointing authority whose appointment is revoked are authorized, by Civil Service Commission Rules, to 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 Department of Civil Service using the Technical Appointment Complaint form (CS 212d). Copies of complaints regarding appointments must be filed with the appointing authority that made the disputed appointment. To be timely, the complaint must be received by the Department of Civil Service 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, as provided in the civil service rules and regulations, and issue a written recommendation on the certified question of fact to the TRO.

The TRO shall review all submissions, including any hearing officer's recommendation, and decide the matter based on the submissions, departmental records, civil service rules and regulations, and their technical expertise. At the conclusion of the technical review, 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 as provided in the civil service rules and regulations within 28 calendar days after the date of the decision.

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

Rules and Regulations

The following Civil Service Commission Rules and Civil Service Regulations provide the legal structure for the technical appointment complaint process:

• Civil Service Commission Rule 8-3: Technical Complaints
• Civil Service Regulation 8.04: Technical Appointment Complaints
• Civil Service Regulation 8.05: Employment Relations Board Appeal Procedures
• Civil Service Regulation 8.06: Computing Time and Filing Documents

Form

• CS-212c - Technical Appointment Complaint

Technical Review Officers

Richard Crittenden
Chief Technical Review Officer
Telephone: 517-335-4970
Email: CrittendenR@michigan.gov
Fax: 517-241-9099

Michael Ford
Technical Review Officer
Telephone: 517-373-8231
Email: FordM@michigan.gov
Fax: 517-241-9099

Technical Disbursement Complaints

Personal services means work performed for the direct benefit of the state by an individual for compensation. The state constitution (Article XI, Section 5) requires the Department of Civil Service to authorize all disbursements for personal services. Through statutory reporting requirements, the legislature oversees the personal services contracts process. This system of checks and balances ensures that expenditures made for such personal services do not exceed authorized amounts and that contractual employees are not unnecessarily replacing classified employees.

Approval Process

There are two methods for the Department of Civil Service to approve agency requests to disburse funds for personal services: prior approval and preauthorized approval. Initial approvals to disburse funds for personal services are supervised by the Personal Services Review Office.

Review Process

Any interested party may file a technical disbursement complaint with the Department of Civil Service within 14 calendar days after the date the technical disbursement decision is issued. An "interested party" is an individual or an organization (e.g., a state agency's appointing authority, employee, employee organization, etc.) who participated in the staff review and was directly affected and aggrieved by a technical decision (Filing a "complaint" with the State Personnel Director, as described in Civil Service Commission Rule 7-9, is a separate process).

The Technical Review Officer obtains and reviews the entire file from the Personal Services Review Office. The parties may submit additional information. The entire matter is reviewed to determine whether the initial request meets the requirements of any of the four (4) "standards" for review. Simply stated, the four (4) standards are:

1. Standard A: The services are temporary, intermittent or irregular.

2. Standard B: The services require specialized, technical, peculiar, or unique skills that are uncommon in the classified service or the appointing authority is unable to recruit qualified candidates.

3. Standard C: The services require equipment, material, or facilities that the state does not possess and the cost to obtain it would be prohibitive.

4. Standard D: Obtaining the services through a contract results in significant cost savings over obtaining them in the classified service.

A decision is issued and the interested parties have 28 calendar days after the date the decision is issued to appeal this decision to the Employment Relations Board. The responsive party to an appeal to the Employment Relations Board is the Office of Technical Complaints.

Rules and Regulations

The following Civil Service Commission Rules and Civil Service Regulations provide the legal structure for the technical disbursement complaint process:

• Civil Service Commission Rule 7-1: Disbursements for Personal Services Outside the Classified Service
• Civil Service Commission Rule 8-3: Technical Complaints
• Civil Service Regulation 7.01: Disbursements for Personal Services Outside the Classified Service
• Civil Service Regulation 8.03: Technical Disbursement Complaints
• Civil Service Regulation 8.06: Computing Time and Filing Documents

Form

• CS 212c - Technical Complaint Disbursement for Personal Services Outside the Classified Service (with Instructions)

Technical Review Officer

Richard Crittenden
Technical Review Officer
Telephone: 517-335-4970
Email: CrittendenR@michigan.gov
Fax: 517-241-9099

Kenneth Melargni
Technical Review Officer
Telephone: 517-373-3039
Email: MelaragniK@michigan.gov
Fax: 517-241-9099

Technical Disbursement Complaints
(Requests for Review Regarding Technical Decisions)

Complaints
(Regarding Disbursements for Personal Services)

Available to:

Any "interested party" who participated at the staff decision determination of a CS-138;

Any "interested party" who participated in the staff decision determination to add a particular personal service to the preauthorized list.

Any person.

Where to go:

Complaints must be filed directly with the Office of Technical Complaints.

All complaints made pursuant to CSCR 7-9 should be filed directly with the State Personnel Director.

What's covered:

The Technical Review Officer gathers information, evaluates that information, may discuss and/or meet with the parties, and ultimately decide whether the CS-138 should be approved or denied. The review is completely de novo and all standards are considered as a basis of approval. Complaints may be administratively dismissed for several reasons, as described on the appeal form CS-212c.

Complaints include the following:

1. improper disbursements for personal services outside the classified service made in violation of article 11, section 5, of the constitution or an applicable civil service rule or regulation;
2. misuse of the preauthorized approval process or any improper disbursements made or authorized under the preauthorized approval process;
3. an appointing authority entering into a contract for personal services without appropriate approval;
4. obtaining approval by fraud, material misrepresentation, or failure to disclose material facts;
5. failure to report a contract or disbursement as required;
6. failure to create or maintain adequate records to properly document compliance with these rules.

Appeal Process:

An interested party may file an application for leave to appeal with the Employment Relations Board (ERB).

Only an appointing authority may file an application for leave to appeal with the Employment Relations Board (ERB).