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State Personnel Director Official Communication 10-13

November 16, 2010
TO: ALL APPOINTING AUTHORITIES, HUMAN RESOURCES OFFICERS, AND RECOGNIZED EMPLOYEE ORGANIZATIONS
 
FROM: JEREMY S. STEPHENS STATE PERSONNEL DIRECTOR
 
SUBJECT: PROPOSED RULE AMENDMENTS: TECHNICAL QUALIFICATION APPEALS
 
Staff proposes streamlining the technical qualification appeal process. Currently, the technical qualification appeal process has the following three steps:
 
  1. Appeal of staff qualification decision to a Technical Review Officer (TRO).



  2.  
  3. Appeal of the TRO decision to the Employment Relations Board (ERB).



  4.  
  5. Commission review of ERB Decision and final decision.

Years of experience have demonstrated that the TRO corrects almost all errors in the first level appeal and further appellate reviews by the ERB and Commission do not materially alter the outcome. Since the final two steps of this process require significant time and effort with little demonstrable remediable effect, staff proposes rule amendments to streamline the process by limiting appeals to a single step.

The proposed amendments will be considered by the Commission at its next meeting, 10:00 a.m., Wednesday, December 8, 2010, at the Capitol Commons Center, 400 South Pine St., Lansing. Comments regarding the proposed amendments may be addressed to Jan Winters, Deputy Director, P.O. Box 30002, Lansing, Michigan, 48909, or e-mail at WintersJ@Michigan.gov. Comments should be received by November 30, 2010.

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