Post-Trial Proceedings Attorneys

After your trial/hearing, the ALJ or hearing officer will draft a decision following SPB regulations, which serves as an advisory to the SPB Members. The SPB may adopt (“sustain”), modify, or revoke this decision and can request further proceedings, including oral arguments on specific case issues. Ultimately, you will receive a final decision, which in most instances becomes definitive upon delivery to the involved parties, as per SPB regulation 51.6.

Unlike in some public employee appeal processes, the decision rendered by the SPB is not binding meaning that either side could further appeal the matter by way of a Writ of Mandamus to the superior court of proper jurisdiction.  For more on the writ appeal process please visit here on our website.  Please note that much like all of the processes before the SPB, there are applicable time sensitive deadlines for filing a writ appeal.

Petition for Rehearing. Prior to filing a writ, a party dissatisfied with an SPB decision can also petition for a rehearing. From the SPB Appeals Resource Guide:

“A party dissatisfied with the Board’s decision in an appeal from adverse action, non punitive termination, or a final decision after the grant of a request to file charges may challenge the Board’s written decision by filing a petition for rehearing.

The Board will grant a petition for rehearing only if the requesting party shows that due process was denied in the original hearing; new and compelling information now exists that was not available at the time of the original hearing; factual findings were made and/or omitted in error; and/or the decision contains legal errors.

The petition for rehearing must be filed with the SPB Appeals Division within 30 days of service of the SPB decision. If the petition is not filed timely, the decision becomes final. If the petition is filed timely, the opposing party will be asked to file a response. The petition will be forwarded to the SPB for review and decision at a regularly scheduled Board meeting.”

https://www.spb.ca.gov/content/appeals/Appeals_Resource_Guide.pdf (page 47)

Petitions for Back pay.  On occasion after an employee successfully appeals a monetary in whole or in part, the State simply refuses to honor the decision for one reason or another.  If that happens then the prevailing employee may file a specific petition seeking to compel the state to reimburse the employee for all applicable backpay and relevant benefits.

For more information see: https://www.spb.ca.gov/content/appeals/SPB_Hearing_Manual.pdf (Section 61, page 46)