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Do you rule on exam appeals before making promotions?

  • 20 Nov 2023 2:11 PM
    Reply # 13281783 on 13277312

    City of Spokane here. Our window to appeal is very short - you have to do it before you leave the test room. (Scoring corrections and -- perish the thought -- legal challenges are not appeals in that way.)

    We would try very hard not to certify the list for hiring until the appeal is resolved. Employees can work "out of class" temporarily. But I'll speculate a scenario where:
    (a) a promotion had to be made,
    (b) the appeal was later upheld, and
    (c) only the order of names was changed (i.e. the entire list was not tossed).

    I think our Commission could "fix" the promotional list by making the appellant whole (seniority, salary, etc.) as if they had promoted. The person who did promote but shouldn't have can also be granted laid-off rights to the job class (and could retain seniority for the time actually served).

    Again, that's my best guess based on somewhat similar situations. I haven't seen this exact situation happen in my 14 years with the city so far.


  • 17 Nov 2023 12:02 PM
    Reply # 13280810 on 13277312


    Can you share the name of some of the jurisdictions to which you refer:

    << I've seen it written in CBAs, department SOPs/Directives/GOs, and in some local ordinances to require that order. 

  • 16 Nov 2023 11:35 AM
    Reply # 13280318 on 13277312

    I am not aware of a department that makes promotions from a list before appeals are decided - as the appeals could change the order of the eligible list and thus those who would first be considered for promotion. I've seen it written in CBAs, department SOPs/Directives/GOs, and in some local ordinances to require that order. 

  • 14 Nov 2023 8:52 PM
    Reply # 13279550 on 13277312

    Hi Joel! I'm Andrea, from Seattle and we are conducting a survey of how different civil service systems/commissions handle this. We don't publish a register until all appeals are heard and decided, but we are reconsidering multiple aspects of our process.

    I'd love to reach out to you to talk about what you do, and why. Maybe we can generate some better strategies. I'll try to send you a message.

  • 08 Nov 2023 8:18 PM
    Message # 13277312
    Some jurisdictions allow test takers to appeal items or scoring of promotional exams.

    Is it standard practice not to establish or promote from a new list until all the exam appeals are heard and ruled on?   Either way, is that pursuant to rule, law, SOP, or past practice?



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