On November 7, 2013, the State Personnel Board (SPB) issued a decision in Cynthia McReynolds v. California Public Utilities Commission (Case No. 13-0396N) (McReynolds) clarifying that California Code of Regulations (CCR), title 2, section 250 (Rule 250) requires that an employee transferring from one classification to another must meet the minimum qualifications (MQs) of the “to” classification.
On December 3, 2013, the Department of Human Resources (CalHR) sent an email to departments informing them of the McReynolds ruling and instructing departments to ensure that all employees transferring to another position without examination meet the MQs of the new position.
The following Frequently Asked Questions (FAQs) are provided to assist departments in implementing the McReynolds ruling. For assistance with specific questions, departmental human resources offices should send an email to CalHR, Personnel Management Division at PMD@calhr.ca.gov.
Yes. An employee on a T&D assignment to the SSA classification who does not meet the MQs but has passed the SSA transfer examination may be appointed to the SSA classification. The T&D may be terminated and the employee may be appointed to the SSA classification, but the effective date of the appointment shall not be backdated prior to July 25, 2014. Departments are reminded that any backdate of appointment beyond 60 days requires Personnel Management Division approval.