Merit Issue Complaint
The Department of Alcoholic Beverage Control is committed to ensuring compliance with the State of California’s merit-based civil service system. It is the policy of ABC that all merit issue complaints shall be promptly investigated and resolved at the lowest level possible.
ABC’s Merit Issue Complaint Process
The basic tenant of the state’s merit system requires that individuals hired into and promoted within the civil service be selected based on their job-related qualifications and that such selection decisions be free of illegal discrimination and political patronage.
ABC’s merit issue complaint process has been developed following applicable California government codes as they pertain to:
- State employer-employee relations
- Unlawful practices
- State civil service
ABC’s merit issue complaint process provides information to ABC applicants and ABC employees on how to:
- File a merit issue complaint with ABC
- File a merit issue complaint appeal with the State Personnel Board (SPB)
Filing a Merit Issue Complaint
Filing a merit issue complaint with ABC may feel overwhelming, but taking the right steps will ensure your concerns are acknowledged promptly.
Step 1: Submit a Complaint
Submit a Merit Issue Complaint Form to ABC’s human resources branch via mail or email and include all pertinent information, facts, and details related to the alleged acts that support the basis for the merit issue complaint.
Department of Alcoholic Beverage Control
3927 Lennane Drive, Suite 100
Human Resources Branch (HRB)
Sacramento, CA 95834
Step 2: Receive Submission Confirmation
An ABC human resources analyst will send a written notice acknowledging receipt of the complaint. The acknowledgment will also contain relevant information regarding ABC’s merit issue complaint processes and the options available to the complainant should they wish to challenge ABC’s decision or failure to respond on time.
Step 3: Receive Investigation Results
An ABC human resources analyst will notify the complainant (or designated attorney/authorized representative) of the results of ABC’s investigation in writing within 90 days.
Step 4: File an Appeal
If the complainant wishes to dispute ABC’s investigation results or response, they may file an appeal with SPB.
Step 5: Receive Appeal Results
SPB will investigate the merit issue complaint and notify the complainant on whether:
- SPB jurisdiction has been established
- Sufficient facts are alleged to constitute grounds for the appeal
Contact
If you have any questions, please call
(916) 419-2582 or email us at [email protected]
Frequently Asked Questions
What is a merit issue complaint?
A merit issue complaint is a complaint that the State Civil Service Act, a board regulation, or an agency policy has been violated by a state agency.
Examples of such violations are:
- Interfering with promotional opportunities
- Interfering with a person’s access to State Personnel Board's appeals process
- Inappropriate designation of managerial positions
Who may file a merit issue complaint?
All applicants who apply for employment at ABC. ABC employees seeking promotional opportunities (part-time, intermittent, limited term, and non-testing classifications).
Is there a statute of limitations for filing a merit issue complaint?
Yes. A merit issue complaint must be filed within three years of the alleged violation of the law or ABC policy.
Can I file a merit issue complaint directly with State Personnel Board without submitting it to ABC first?
No. A merit issue complaint must be submitted to ABC first to allow the department an opportunity to respond to the allegations before filing an appeal with State Personnel Board.
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