Wednesday, February 5, 2014

2013 statistics show majority of bypass appeals get results

The Civil Service Commission issued its 2013 Year End Statistics last month and the data indicates reason for optimism, at least as far as bypass appeals go. In 2013, 48 percent of bypass appeals cases ended in the bypass being upheld. Out of the remaining 52 percent, 41 percent ended with the Commission granting relief based on mutual agreement, and 11 percent ended in the Commission granting the appeal and ruling that the bypass was invalid.

It may seem discouraging that only 11 percent of the appeals received a final decision in favor of the appellant (i.e. the bypassed candidate). But that's misleading; when the Commission grants relief based on mutual decision, as it did in 41 percent of the cases last year, the result is usually the same as a successful appeal - the bypassed candidate is placed at the top of the certification for appointment or promotion. So while the appellant does not have the satisfaction of a decision ruling that the bypass was not justified, the effect is the same.

In my practice, many of my clients receive relief through mutual agreement. It saves both the client and the appointing authority time and money, and it usually means that the client has a good case and would probably win the appeal if it went to a full decision.

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