General Information
The State Civil Board is a five member body which hears
appeals from classified state employees with permanent status under the Kansas
civil service act as well as applicants for classified positions who are
entitled by law and regulation to appeal to the Board. Nearly all appeals heard
by the Board are from classified employees with permanent status who have been
dismissed, demoted or suspended.
All meetings of the Board are open to the public. At
hearings, evidence is presented by the parties and an official record is taken
of each hearing. Usually, both the employee (the appellant) and the agency (the
respondent) are represented before the Board by legal counsel. However,
appellants are not required to have counsel and may represent themselves if they
so choose.
Part of the Department of
Administration
The Board is attached to the Department of Administration
pursuant to statute. All budgeting, purchasing and related management functions
of the Board are administered under the direction and supervision of the
Secretary of Administration.
Members
The five Board members are appointed by the governor and
confirmed by the senate. Their terms of office are for four years, unless
appointed to fill the vacancy created when a member resigns before the end of a
term. One member is appointed from each of the four congressional districts and
one member is appointed at large. Members continue to serve in office after the
expiration of their term until a new appointment is made. No more than
three members can be of the same political party.
Officers
The Board organizes annually by electing one of its
members as chairperson and one as vice-chairperson. The Director of Personnel
Services acts as secretary of the Board or may designate a person to serve as
the secretary of the Board.
Compensation
Members are paid $70 a day for each day of hearings. A
member residing more than 100 miles from the place of a meeting is also paid $35
for each day in travel to or from the meeting if such travel is on a day other
than the day of the meeting. This is pursuant to K.S.A. 75-2929b. Members also
receive subsistence and mileage under the provisions of K.S.A.
75-3223.
Kansas Civil Service Act
Legislation establishing the State Civil Service Board and
providing for a system of civil service for the State of Kansas can be found at
K.S.A. 75-2925, et seq., the Kansas Civil Service Act.
Kansas Administrative Procedures
Act
Hearings are conducted in accordance with the Kansas
Administrative Procedures Act (KAPA), K.S.A. 77-501, et. seq.
Jurisdiction
Statutes confer upon the Board jurisdiction to hear
appeals taken to it pursuant to: (1) K.S.A. 75-2940, 75-2949 and 75-3747
concerning demotion, dismissal or suspension of a permanent employee in the
classified service, or concerning refusal to examine an applicant or to certify
a person as eligible for a job class, and (2) K.S.A. 75-2973, the "whistle
blower" act, concerning disciplinary action in violation of that
statute.
Appeals
Employees dismissed, demoted or suspended may request a
hearing from the Board to determine the reasonableness of the action taken
against them. Each request for a hearing shall be in writing and must be filed
in the office of the Director of Personnel Services no later than 30 calendar
days after the effective date of the dismissal, demotion or
suspension.
At the hearing, the burden of proof is upon the employee
to establish that the appointing authority did not act reasonably in taking such
action.
The Board shall grant the employee a hearing in accordance
with the provisions of the Kansas Administrative Procedures Act within 45
calendar days after receipt of such request.
Presiding Officer
All hearings will have a presiding officer. The presiding
officer will be any of the members, singularly or collectively. If no Board
member is present, a Department of Administration staff attorney or the
Secretary of the Board will be the presiding officer. The mailing address of the
presiding officer is Room 252., Landon State Office Building, 900 S.W.
Jackson, Topeka, Kansas 66612. If you have questions, please call (785)
296-4863.
Notice of Hearing
The Board sets the time and place for hearings of matters
within its jurisdiction. Matters are set for hearing within 45 days after
receipt of a request. Notice of the time and place for a hearing is sent to
parties at least 14 days prior to the hearing date.
Length of Hearing Estimate
The parties are asked to advise the Board how much time is
needed to hear the matter.
Continuance
Written requests for continuance of a hearing will be
considered by the Board if received at least 10 days prior to the date of the
Hearing. Requests for continuance must be in writing and state the reasons for
the request.
Counsel or Representative
The Board must be informed in writing who, if anyone, will
represent the parties on a matter.
Exhibits
The parties shall mark and exchange all exhibits before
the hearing. Appellant’s exhibits shall be marked as "Appellant’s Exhibit 1",
"appellant’s Exhibit 2", etc. The respondent shall likewise mark exhibits as
"State’s Exhibit 1", etc.
Copies of the marked exhibits shall be provided to the
Board and to the opposing party. All exhibits must be received by the Board and
the opposing party at least 10 days in advance of the hearing.
A party may provide to the Board and the opposing party
brief, written objections to the admission of the opposing party’s
exhibits.
Exhibits not exchanged as required in advance of the
hearing will not be admitted unless good cause is shown.
Except for good cause, all exhibits not objected to as
required herein shall be offered and admitted into evidence by the Board at the
time of the hearing and prior to the taking of testimony.
Statements of Fact
The parties shall provide to the Board and to the opposing
party, brief written statements of fact relevant to the matter. Statements of
fact must be received by the Board and the opposing party at least 10 days in
advance of the hearing.
List of Witnesses
Parties shall provide to the Board and to the opposing
party a list of all witness who are expected to testify and a brief written
statement of anticipated testimony showing relevancy of the testimony. Lists of
witnesses must be received by the Board and the opposing party at least 10 days
in advance of the hearing.
Witnesses not identified as required in advance of the
hearing will not be allowed to testify unless good cause is shown.
The list of witnesses shall be filed at or before the time
a party requests subpoenas for witnesses.
Subpoenas
If witnesses are to be subpoenaed, the Board should be
given at least 7 days written notice. Subpoenas will be sent to the requesting
party for them to serve. Service of subpoenas must be made by the requesting
parties in accordance with K.S.A. 77-522.
Record of Hearing
An official record of the hearing is made and kept by the
Board.
Final Actions and Decisions
The Board may affirm, reverse or modify the action of the
appointing authority and order any other action it deems appropriate.
The Kansas Civil Service Act requires that no action be
taken by the Board without the affirmative vote of at least three members. The
Board may delegate to one or more members the authority to serve as a hearing
examiner for a hearing, but action in such appeal shall require the concurrence
of at least three members.
Orders
Notice of the final action taken by the Board on an appeal
is issued to the parties in the form of a written order. Orders contain findings
of fact, conclusions of law, references to appeal procedures and the action
ordered by the Board. Final orders are issued no later than 30 calendar days
after the date of the hearing.
Reconsideration
Parties may file with the Board a request for
reconsideration within the 15 days after the final order is served.
Appeal to State District Court
Final orders of the Board are appealable to State District
Court. If so appealed, the Board and the members are not parties to that
appeal.
Contacts
The designated secretary for the State Civil Service Board
can be contacted by calling the Division of Personnel Services at
785-296-4863.
