Stimpel v. State Personnel Board

Opinion

GUSTAFSON, J.

Appellant Thomas Stimpel is a Seventh Day Adventist. A tenet of his religion is that he must not work from sunset Friday to sunset Saturday. Stimpel was employed by the State of California as a construction inspector for its Department of Water Resources on September 1, 1966. In that capacity he was required to make detailed technical inspections of projects under construction in the state’s water resources program. His

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presence was required during the hours worked by the contractor on a particular project.

Stimpel encountered no difficulties working on projects prior to February 19, 1968. Either the contractors did not work after sunset on Friday or Stimpel was able to arrange for someone else to take his place during his Sabbath.

When work terminated in January 1968 on the project to which he was assigned, he was reassigned on February 19, 1968, to the Tehachapi-West Branch project with offices in Castaic. On that project construction work was in progress between sunset Friday and sunset Saturday. When Stimpel reported for work he told his superiors that he would be unavailable for work during his Sabbath. He was told that this would not be acceptable because Saturdays were work days and inspectors were needed. Nevertheless, he worked from February 24, 1968, to April 18, 1968, with other employees taking his place when inspections were required on Saturdays. On or about the latter date Stimpel was told that this situation could no longer be tolerated.

Thereafter Stimpel remained an employee while he used his compensating time off, his vacation time and a 15-day leave of absence in an unsuccessful attempt to find another position with the state which would not require any Saturday work. On the dates of May 27, 28, 29, 31 and June 3 Stimpel was absent from work without leave. This constituted “an automatic resignation from state service.” (Gov. Code, § 19503.)

Stimpel then sought reinstatement to his position from the State Personnel Board pursuant to section 19503 of the Government Code which provides: “Reinstatement may be granted only if the employee makes a satisfactory explanation to the board as to the cause of his absence and his failure to obtain leave therefor, and the board finds that he is ready, able, and willing to resume the discharge of the duties of his position.” After a hearing before a hearing officer, the board found that the contractor on the project to which Stimpel was assigned was working six days a week, that inspections were required on Saturdays, that Stimpel’s religious conviction prevented him from working on Saturdays, that he was therefore not ready, able and willing to resume the discharge of the duties of his position and that he had not made a satisfactory explanation to the board as to the cause of his absence. Reinstatement was denied.