Bryant v. State Personnel Board

PEEK, J.

The sole question presented on this appeal is one of law and relates to the sufficiency and validity of the contents of the notice of rejection of the real party in interest, Vernon H. Cress, as a probationary state employee. It is our conclusion that the judgment of the trial court holding said notice to be insufficient, and which was in accord with the findings and decision of the Personnel Board, is well founded and should be sustained.

From the record before us it appears that on November 2, 1946, Cress was appointed from an eligible list to the position of referee for the Unemployment Insurance Appeals Board in the Department of Employment and by virtue of such appointment received probationary status in said position. On May 6, 1947, prior to the expiration of his six months’ probationary period, a notice of his rejection as such employee, pursuant to section 19173 of the Government Code, was served upon him. On May 21,1947, he filed with the State Personnel Board an appeal from said notice of rejection. Thereafter, by a letter dated June 16, 1947, Cress was served with a statement which has been denominated by petitioner as a bill of particulars of what said petitioner expected to prove at said hearing, and on June 26th his attorney was furnished with an amended statement of particulars. A hearing was held before the Personnel Board which resulted in a decision restoring Cress to the position from which he had been rejected. The findings of the board were concluded as follows:

“That the said notice of rejection during probationary period was not accompanied by a statement of the specific reasons therefor, truthful within the knowledge of the appointing power or other officer or person in charge of the said appellant; that said notice of rejection during probationary period did not comply with said Section 19173 of the Government Code. ’ ’

In its decision the board stated that while the facts found constituted good cause for rejection of the employee during his probationary period, or for disciplinary action, the notice of rejection failed to “comply with Section 19173 of the Government Code in that it fails to contain a statement of said

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facts or any specific reasons for the rejection, truthful within the knowledge of the appointing power or other officer or person in charge of the employee, ’ ’ and for the reasons stated ordered Cress restored to the position from which he had been rejected.