Section 50.100 Personnel Code and Personnel Rule Violations

Section 50

Section 50.100  Personnel

Code and Personnel Rule Violations

a)         A certified employee who believes that a personnel transaction

has been falsely labeled in an attempt to deprive the Commission of its lawful

jurisdiction, or who believes that a personnel transaction adversely affecting

him violates either the Code or the Personnel Rules, may within a period of 15

calendar days after receiving actual notice of such violation or falsely

labeled transaction appeal in writing to the Commission.

b)         The appeal must allege specific facts which if proven would

establish a prima facie case that the personnel transaction named was a falsely

labeled transaction, or that the Code or a Personnel Rule was violated in an

attempt to deprive the employee of his/her rights under the Code or Rules.  Any

appeal which fails to allege sufficient and specific facts to support the

allegation may be summarily dismissed by the Commission.

c)         The Commission may make its decision on the appeal after an

investigation of the allegations if sufficient non-controverted facts exist, or

it may order a hearing on any disputed issue of fact or law.  In any hearing

called under the provisions of this Section to resolve a dispute of fact, the

employee has the burden of establishing by the introduction of competent

evidence a prima facie case proving that the alleged violation took place.

d)         Nothing in this Section shall be construed to preclude

employees from timely asserting any other rights given to them under the

provisions of the Code or Personnel Rules.

e)         Unless inconsistent with this Section, the procedures of

Section 50.110 shall apply to this Section.