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Template - Good Faith Unlawful Appointment Beyond the 1-Year Statute

Department Letterhead

Date

 

Employee Name

Employee Address 1

Employee Address 2

 

 

Personnel Officer Name

Department Name

Department Address

Personnel Officer

Human Resources Division

 

 

 

RE: NOTIFICATION OF POTENTIAL UNLAWFUL APPOINTMENT PAST THE 1YEAR STATUTE

 

The [Department] has had the opportunity to review your appointment [Classification], effective [Date of appointment], made on a permanent basis. The [Department] discovered the possible unlawful appointment to the classification of [Classification] effective [Date of Discovery].

 

The [Department] determined that you acted in “good faith” when the appointment to the class of [Classification], on [Date of appointment], was offered and accepted.

 

Pursuant to Government Code Section 19257.5, when an appointment of an employee has been made and accepted in good faith and would not have been made but for some mistake of law or fact which if known to the parties would have rendered the appointment unlawful when made, the California Department of Human Resources (CalHR) and State Personnel Board (SPB) may declare the appointment void from the beginning if such action is taken within one year after the appointment.

 

Your appointment is now beyond the one year statutory limitation. For this reason, the [Department name] determined the appointment will stand and you shall retain the compensation received as a result of the unlawful appointment.

 

Please retain a copy of this LETTER for your records. If you have any questions regarding this matter please contact [Personnel Contact] at [(XXX) XXX-XXX] or by email [email].

 

 

Sincerely,

 

 

/s/Personnel Officer

Personnel Officer Name

Personnel Officer

Department Name

Human Resources Division

 

 

CC:;

Employee Name, Official Personnel File;

  Updated: 5/12/2014
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