Section 549.10 - Appeal from Rejection During Probation; Department of General Services-Career Management Assignment and Career Supervisory Assignment(a) It is the intent of the Board that the Department of General Services and the employees appointed to Career Management Assignment or Career Supervisory Assignment classes will collaborate on the performance assessment standards to be used to identify and communicate quality of performance.(b) Employees that are rejected during probation from classes in the Career Management Assignment and Career Supervisory Assignment categories either during the original probationary period or an extension of that probationary period, will be permitted to appeal the rejection only on three grounds: (3) patronage. Employees will file appeals with the Personnel Board. The Personnel Board will schedule the appeal for hearing only in cases where the rejected employee has made a prima facie case at the threshold stage of the process. Appeals which do not allege and offer proof of one or more of the three grounds for appeal noted above will be dismissed with prejudice.(c) The decision of the board to modify the action of the appointing power pursuant to this rule shall be taken only if the board determines, after investigation or hearing, that the rejection was made as a result of discrimination, fraud or patronage. In any such proceeding, the rejected employee shall have the burden of proof. Subject to rebuttal by the employee, it shall be presumed that the action was free from discrimination, fraud and patronage and that the statement of reasons in the notice of rejection during probation is true.Cal. Code Regs. Tit. 2, § 549.10
1. New section filed 1-30-97; operative 3-1-97 (Register 97, No. 5).
2. Amendment of subsections (b) and (c) and NOTE filed 12-3-97; operative 12-3-97. Submitted to OAL for printing only pursuant to Government Code section 19602 (Register 97, No. 49). Note: Authority cited: Sections 18701 and 18702, Government Code. Reference: Sections 18701, 18702 and 19602, Government Code.
1. New section filed 1-30-97; operative 3-1-97 (Register 97, No. 5).
2. Amendment of subsections (b) and (c) and Note filed 12-3-97; operative 12-3-97. Submitted to OAL for printing only pursuant to Government Code section 19602 (Register 97, No. 49).