September 12, 2012
Ms. Jane Smith
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: FINAL DETERMINATION REGARDING UNLAWFUL APPOINTMENT
The Department of Turnip and Green (TAG) discovered and initiated an investigation into your possible unlawful appointment on February 6, 2012. You were informed in a letter August 20, 2012 of our preliminary conclusion that your appointment to the classification of Assistant Chief, effective February 6, 2012, was unlawful. The TAG did not receive any additional information during the 15-day response period. This letter constitutes our final decision that the appointment, effective February 6, 2012, was unlawful and must be corrected.
This appointment cannot be permitted to stand as you did not meet the eligibility requirements and conditions of employment for the Assistant Chief position. Specifically, you were not in a reachable rank on the eligible list.
Since there is no evidence of other than good faith, you will not be required to reimburse any compensation that you may have received as a result of the unlawful appointment. You shall be returned to your former classification of Office Building Manager II effective September 20, 2012.
The State Controller’s Office (SCO) will receive a copy of this letter. It authorizes the SCO to void the Assistant Chief illegal appointment, which became effective February 6, 2012, no later than February 26, 2012. 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
Jane Smith, Official Personnel File
Linda Danko, State Controller’s Office