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SCENARIO 1 - GOOD FAITH UNLAWFUL APPOINTMENT BEYOND THE 1-YEAR STATUTE

SCENARIO 1 - GOOD FAITH UNLAWFUL APPOINTMENT BEYOND THE 1-YEAR STATUTE

Department Letterhead

April 16, 2013

 

Mr. David Jones

Personnel Officer

California Department of Turnip and Greens

Human Resources Division

5555 Governmental Blvd.

Sacramento, CA 12345

 

RE: Notification of Potential Unlawful Appointment Past the 1 Year Statute

 

The California Department of Turnip and Greens (TAG) has had the opportunity to review your appointment to the classification of Accounting Officer (Specialist), effective July 18, 2012, made on a permanent basis. The TAG discovered the possible unlawful appointment to the classification of Accounting Officer (Specialist), effective July 18, 2012.

 

The TAG determined that you acted in “good faith” when the appointment to the class of Accounting Officer (Specialist), on July 18, 2012 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 (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 TAG 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 Bob Smith at (916) 555-1234 or by email Bob.Smith@TAG.ca.gov.

 

Sincerely,

 

 

/s/Personnel Officer

David Jones

Personnel Officer

California Department of Turnip and Greens

Human Resources Division

 

 

cc:

John Smith, Official Personnel File

 

  Updated: 5/8/2014
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