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Voided Appointment Overturned for California State Employee

by | Mar 7, 2018

Attorney Brett Sherman of Goyette & Associates successfully represented a State of California Employee in the overturning of a voided appointment.

Employee X* was promoted to a Staff Services Manager I (SSM) position within the California Department of Corrections and Rehabilitation in 2007. Employee X worked in that capacity until 2013, at which time Employee X was demoted to an Associate Governmental Program Analyst pursuant to a settlement agreement. In April of 2016, Employee X applied to the SSM position as a “list eligible” candidate. Employee X was ultimately appointed to the position after CDCR determined that Employee X was eligible for permissive reinstatement as opposed to a “list” hire. Employee X began working again as a SSM on August 1, 2016. In March of 2017, CDCR initiated an investigation into the legality of Employee X’s permissive reinstatement due to Employee X’s prior demotion. Employee X’s appointment was voided on July 31, 2017, and Employee X returned to the Associate Governmental Program Analyst position. Employee X appealed the voided appointment to the State Personnel Board.

Attorney Brett Sherman of Goyette & Associates represented Employee X before the State Personnel Board. Mr. Sherman argued that Employee X’s appointment was lawful because Employee X fell into one of the enumerated categories in Government Code section 19140, which grants authority for permissive reinstatement. Specifically, Mr. Sherman argued that Government Code subsection 19140(a)(5) allowed Employee X to be permissively reinstated as Employee X separated from the prior SSM position without a break in continuity of state service to accept the Associate Governmental Program Analyst position. The State Personnel Board agreed and granted Employee X’s appeal, thereby reversing CDCR’s decision to void Employee X’s appointment. The State Personnel Board ordered Employee X reinstated to the SSM classification.

If you are facing a voided appointment or other issue with permissive or mandatory reinstatement, please contact Goyette & Associates today for a consultation.

* Employee X is a member of the California Correctional Supervisor’s Organization whose name is being withheld due to confidentiality.

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