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.
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.
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.
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.
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.
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.
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.
Written requests for continuance of a hearing will be considered by the Board if received at least 14 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.
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.
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.
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.
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.
The designated secretary for the State Civil Service Board can be contacted by calling 785-296-2433.