January 7, 2010
Mr. John Smith
555 Love Lane
Sacramento, CA 95814
Mr. David Jones
California Department of Turnip and Greens
Human Resources Division
5555 Governmental Blvd.
Sacramento, CA 12345
RE: FINAL DETERMINATION REGARDING UNLAWFUL APPOINTMENT
The Department of Turnip and Greens (TAG) discovered and initiated an investigation into your possible unlawful appointment on July 31, 2009. You were informed in a letter November 24, 2009 of our preliminary conclusion that your transfer to the classification of Staff Services Manger I (SSM I), effective July 31, 2009, was unlawful. The TAG has reviewed the additional information received from you and has taken it under submission. This letter constitutes our final decision that the above appointment is unlawful.
This appointment is not permitted to stand for the following reason:
This transfer does not meet the transfer criteria. Specifically, SPB Rule 430 states that the duties, responsibilities, and salary of the “to” classification must be substantially the same as the duties, responsibilities, and salary of the “from” classification. The “from” classification, Associate Governmental Program Analyst, does not have supervisory duties and therefore is not substantially the same as the SSM I classification.
Since there is no evidence of behavior other than good faith on your part, you will not be required to reimburse any compensation that you may have inappropriately received as a result of the unlawful appointment.
The State Controller’s Office (SCO) will receive a copy of this letter. It authorizes SCO to void the SSM I unlawful appointment, which became effective July 31, 2009, no later than January 13, 2010. A copy of this letter will be placed in your Official Personnel File; please keep a copy for your records.
If you do not agree with the above you may appeal this decision. Such appeals must be received in writing and filed within 30 calendar days of receipt of this letter. The State Personnel Board Appeal/Complaint Form can be found on the State Personnel Board website.
Appeals should be addressed to the Appeals Division, State Personnel Board, 801 Capitol Mall MS #22 Sacramento, CA 95814. If you have questions regarding the appeals process, please contact the Appeals Division at (916) 653-0799.
If you have any questions regarding this letter, please contact your personnel office, at (916) 555-1234.
California Department of Turnips and Greens
John Smith, Official Personnel File
Linda Danko, State Controller’s Office