September 16, 2009
Ms. Jane Doe
1234 Love Lane
Sacramento, CA 95814
Mr. David Jones
California Department of Turnip and Greens
Human Resources Division
5555 Governmental Blvd.
Sacramento, CA 12345
RE: PRELIMINARY DETERMINATION REGARD POTENTIAL UNLAWFUL APPOINTMENT
The Department of Turnip and Greens (TAG) has had the opportunity to review your appointment to the classification of Captain, effective January 26, 2009, made on a permanent basis.
Based on the information, the TAG determined that the appointment maybe unlawful as an appropriate list was used to fill the position, while interested candidates were identified on the original promotional Captain Certification list. The use of an appropriate list is prohibited if there are any interested candidates on the original promotional list being utilized.
The TAG is hereby issuing notice pursuant to SPB Rule 266.2* to allow you an opportunity to provide additional information before corrective action is taken. This conclusion is based on the following facts:
In October 2008, the hiring process was initiated to fill two vacant Captain positions. The Captain certification list was ordered and a Job Bulletin Announcement was posted on the SPB web site.
The entire Captain certification list was requested and inquiry letters were sent to 26 individuals on October 16, 2008.
Interviews were held on November 13, 2008, with the only two interested candidates from the certification list. As it was deemed neither candidate demonstrated sufficient knowledge or the proper communication skills, neither was offered the position.
Personnel staff then requested approval from the Exams office to use the Causeway Captain certification list as an appropriate list to fill the two Captain vacancies. On November 20, 2008, approval was granted.
The Causeway Captain certification list was canvassed and eight responses were received from interested candidates. On January 14, 2009, four candidates reported for scheduled interviews. You were chosen for hire.
Your appointment date was January 26, 2009.
On March 17, 2009, Personnel staff was made aware of the inappropriate use of the Causeway Captain list as an appropriate list.
Government Code Section 19257.5 provides: “When the appointment of an employee has been made and accepted in good faith, but where such appointment 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 board may declare the appointment void from the beginning if such action is taken within one year after the appointment.” Because your appointment occurred on January 26, 2009 the one-year, time period has not elapsed.
Pursuant California Code of Regulations, Section 266, if the appointment is determined to have been made in good faith, you will be allowed to retain the compensation received due to the unlawful appointment. If it is determined that you acted in other than good faith, you may be required to reimburse all compensation resulting from the appointment.
You have fifteen (15) calendar days from the receipt of this letter to provide additional information that you would like the TAG to consider before we render a final decision. Any additional information should be submitted in writing to your personnel officer.
If you have any questions regarding this letter, please contact your personnel office at (916) 555-1234.
Information about the Unlawful Appointment Review Process
Jane Doe, Official Personnel File
*Title 2, California Code of Regulations, § 266.2 provides: At least fifteen days prior to the date the board plans to take corrective action on an unlawful appointment, the executive officer shall notify the employee and the employee's appointing power of the proposed action. This notice shall state the reason(s) for the proposed action and notify the employee and the appointing power of their right to respond to the notice within the fifteen days either verbally or in writing.