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Template - Final Determination of Unlawful Appointment (Bad Transfer)

Template - Final Determination of Unlawful Appointment (Bad Transfer)

Department Letterhead

Date

 

Employee Name

Employee Address 1

Employee Address 2

 


Personnel Officer Name

Department Address

Department Name

Personnel Officer

Human Resources Division

 


RE: FINAL DETERMINATION REGARDING UNLAWFUL APPOINTMENT

 

The [DEPARTMENT] discovered and initiated an investigation into your possible unlawful appointment on [Date of discovery]. You were informed in a letter dated [Date of Preliminary Findings Letter], of our preliminary conclusion that your transfer from a limited-term (LT) [Classification], effective [Date of Appointment], was unlawful. You did not submit additional information during the 15-day period provided to respond to the preliminary letter. This letter constitutes the [DEPARTMENT] final decision that the above transfer was unlawful and must be corrected.

 

This transfer cannot be permitted to stand, as you did not have eligibility to be transferred to the [Classification Name] classification on a [Tenure] basis, effective [Date of appointment]. The preliminary review indicated that [Reason appointment is rendered unlawful].

 

Since there is no evidence of other than good faith on your part, you will not be required to reimburse any compensation that you might 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 the SCO to void your appointment, effective [date of correction].

 

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 (XXX) XXX-XXXX.

 

Sincerely,

 

/s/Personnel Officer

Personnel Officer Name

Personnel Officer

Department Name

Human Resources Division

 

CC:

Employee Name, Official Personnel File

Linda Danko, State Controller’s Office

  Updated: 5/12/2014
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