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Unlawful Appointment Investigation Delegation Agreement Template

Unlawful Appointment Investigation Delegation Agreement Template

This delegation agreement will be signed by each department's Director, or an executive level designee. Having the highest level of department management sign the Delegation Agreement reflects CalHR’s expectation that human resources staff will have executive support on difficult or unpopular allocation decisions when those decisions reflect an effort to adhere to sound allocation principles. In addition to the department's Director, this delegation agreement will also be signed by each department's Chief of Administration, Chief of Human Resources, and the Personnel Officer, depending on structure.

 

On behalf of the California Department of Human Resources (CalHR), this delegation agreement will be signed by the Delegation Project Manager and each department's Personnel Management Division (PMD) Analyst.

 

DELEGATION AGREEMENT FOR UNLAWFUL APPOINTMENT INVESTIGATIONS BETWEEN THE [DEPARTMENT NAME] AND THE CALIFORNIA DEPARTMENT OF HUMAN RESOURCES

The [DEPARTMENT NAME] agrees to work in partnership with the California Department of Human Resources (CalHR) Personnel Management Division (PMD) to implement the delegation plan outlined in this Delegation Agreement. This Delegation Agreement is developed in accordance with CalHR’s objective of encouraging partnerships between departmental human resources offices in order to simplify the personnel management system for Unlawful Appointment investigations and to optimize its effectiveness. This Delegation Agreement is intended to provide the [DEPARTMENT NAME] with the authority and responsibility for reviewing and acting on the personnel management program elements identified for delegation.

 

A. GENERAL TERMS AND CONDITIONS

 

The [DEPARTMENT NAME] will submit reports (Monthly Unlawful Appointment Reporting Worksheet) to its PMD Analyst on a monthly basis.

 

The [DEPARTMENT NAME] will maintain up-to-date records on each unlawful appointment investigation including, at a minimum, the specific facts surrounding the appointment in question, a description of the circumstances which may have resulted in an unlawful appointment, copies of relevant appointment documents, and any information and/or documentation which may demonstrate that the agency and employee acted in good faith when the appointment was offered and accepted. Access to these documents will be made available to CalHR within five working days of CalHR request.

 

The [DEPARTMENT NAME] will maintain a tracking system to monitor its unlawful appointments.

 

CalHR will conduct internal monitoring of the [DEPARTMENT NAME] practices and policies related to the discovery, investigation, resolution, and documentation of unlawful appointments.

 

CalHR reserves the option to revise or cancel the terms of this Delegation Agreement authorized to the [DEPARTMENT NAME] at any time. The [DEPARTMENT NAME] also reserves the option to request revisions or to cancel this Agreement if it deems such action is appropriate.

 

B. DELEGATION OF PERSONNEL MANAGEMENT ELEMENTS

 

This delegation is based on [DEPARTMENT NAME] acceptance of responsibility for the proper investigation of identified unlawful appointments.

 

Unlawful appointment investigation determinations will be delegated to the [DEPARTMENT NAME].

 

The [DEPARTMENT NAME] in partnership with CalHR, will consult with its PMD Analyst in identifying and resolving unlawful appointment issues.

 

C.VALUES AND ETHICS STATEMENT

 

We believe that we can make the classification plan and State Government better, and each of us accepts responsibility to do his or her part to accomplish these goals. We are committed to:

 

  • Ensuring that all appointments are based on merit and comply with the laws and rules governing equitable administration of the civil service merit system.

  • Maintaining a classification plan that is consistent with the standards and guidelines of the administration of the personnel management system.

  • Maintaining working relationships that promote discussion and resolution of issues that can be solved through classification actions. Such discussions would take place prior to recommending solutions to the Department’s operations and programs.

  • Fostering good working relationships where there is trust, cooperation, and open communication to facilitate the resolution and avoidance of classification or compensation problems.

 

D.PARTICIPATION ACKNOWLEDGEMENT

 

The [DEPARTMENT NAME] agrees to participate in this Delegation Agreement for one year effective [DATE] through [DATE]. This Delegation Agreement will be reviewed and evaluated by CalHR at the end of the one-year period and may be extended, with or without modifications. The terms of the Delegation Agreement may also be reviewed at the request of the [DEPARTMENT NAME] or CalHR prior to the one-year period.

By signing this Delegation Agreement, the [DEPARTMENT NAME] agrees to all of the specified conditions described above, agrees to abide by the provisions of the Values and Ethics Statement, and agrees there will be no increase to [DEPARTMENT NAME] salary and wages budget as a result of this Delegation Agreement.

 

By signing this Agreement, CalHR agrees to provide delegation of unlawful appointment investigations, but reserves the right and responsibility to exercise any of the specified actions described above at any time at its discretion.

 

 

/s/ Department Human Resources Personnel Officer Signature Here
Human Resources Personnel Officer / Date
[DEPARTMENT NAME]

 

/s/ Department Chief of Administration Signature Here
Chief of Administration / Date
[DEPARTMENT NAME]

 

/s/ Department Director Signature Here
Director / Date
[DEPARTMENT NAME]

 

/s/ California Department of Human Resources Program Manager Signature Here
Program Manager / Date
California Department of Human Resources

 

/s/ California Department of Human Resources Personnel Management Division Analyst Signature Here
Personnel Management Analyst / Date
California Department of Human Resources

 

  Updated: 5/8/2014
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