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SPB Board Resolution re: DFEH and Angelina Endsley

SPB Board Resolution re: DFEH and Angelina Endsley

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Published by jon_ortiz
Ruling on two promotions given to the DFEH employee over the course of 17 months.
Ruling on two promotions given to the DFEH employee over the course of 17 months.

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Categories:Types, Legal forms
Published by: jon_ortiz on Jan 28, 2014
Copyright:Attribution Non-commercial

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02/01/2014

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 In the Matter of the Civil Service  Appointments Rendered by the CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING For  ANGELINA ENDSLEY Case No. 13-1216N
BOARD RESOLUTION  AND ORDER
The State Personnel Board (the Board) on January 23, 2014, carefully considered the Proposed Decision filed by the Staff Hearing Officer (SHO) in the Matter of the Civil Service Appointments rendered by the Department of Fair Employment and Housing (DFEH) for Angelina Endsley (Endsley), Case No. 13-1216N.
IT IS RESOLVED AND ORDERED THAT:
1. The Board adopts the findings of fact, determination of issues, and Proposed Decision of the SHO as its Decision in the case on the date set forth below. The Board finds that DFEH unlawfully appointed Endsley to the positions of FEH Consultant III (Specialist) and FEH Administrator I. Further, DFEH did not act in good faith in making these appointments.
1
 Specifically, by admission and in evidence, DFEH’s personnel
1
 California Code of Regulations, title 2, section 8 provides in pertinent part: To be valid, a civil service appointment must be made and accepted in “good faith” under the civil service statutes and board regulations. For purposes of administering the civil service statutes, including Government Code Sections 19257 and 19257.5 and board Regulations, “good faith” is presumed to exist in the following circumstances: (a) In order to make an appointment in “good faith,” an appointing power and all officers or employees to whom an appointing power delegates appointment authority must:
 
In the Matter of the Civil Service Appointments Rendered by the CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING For ANGELINA ENDSLEY
Case No. 13-1216N Page 2 and management staff were aware or otherwise had knowledge that Endsley did not have the required education and/or experience necessary to meet the Minimum Qualifications for appointment to either classification. Despite this knowledge, DFEH approved the appointments in violation of the merit principle. 2. Based on the facts established in the underlying proceedings, the Board has serious concerns that civil service laws and rules pertaining to the selection of qualified candidates are being wilfully ignored or disregarded by DFEH’s personnel and management staff. The cornerstone of the civil service system is that selection be based on merit. (
Pacific Legal Foundation v. Brown
(1981) 29 Cal.3d 168, 184.)
(1) Intend to observe the spirit and intent of the law; and (2) Make a reasonable and serious attempt to determine how the law should be applied; and (3) Assure that positions are properly classified; and (4) Assure that appointees have appropriate civil service appointment eligibility; and (5) Intend to employ the appointee in the class, tenure and location to which appointed under the conditions reflected by the appointment document; and (6) Make a reasonable and serious attempt to provide the relevant reference materials, training, and supervision necessary to avoid any mistakes of law or fact to the persons responsible for the pertinent personnel transactions; and (7) Act in a manner that does not improperly diminish the rights and privileges of other persons affected by the appointment, including other eligibles.  Any officer or employee who violates any of the foregoing provisions of this regulation, or any other officer or employee in a position of authority who directs any officer or employee to violate any of these provisions, shall be subject to civil or criminal sanctions as provided in Government Code Sections 19680, 19681, 19682, 19683, 19764, as well as adverse action as provided in Government Code Sections 19572, 19583.5, or 19682.
 
In the Matter of the Civil Service Appointments Rendered by the CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING For ANGELINA ENDSLEY
Case No. 13-1216N Page 3  Appointing a candidate to a position knowing that she does not possess the requisite experience or education is in direct contravention of the merit principle and the civil service laws and rules that support and protect that principle. To this end, the Board finds that a review and audit of DFEH’s selection practices and process is needed not only to determine whether there are any other violations of the civil service rules, but also to ensure the integrity of the civil service system. Accordingly, in addition to the recommendation in the Proposed Decision, the Board, consistent with its constitutional and statutory authority under Government Code section 18660, et seq., hereby directs the State Personnel Board’s Compliance Review Division to conduct an appropriate audit and review of DFEH’s personnel practices with respect to its selection process from January 1, 2009, to the date of this Order. 3. This matter is referred to the Chief Administrative Law Judge or his designee for the purpose of investigating the actions of current and former DFEH personnel involved in Endsley’s unlawful appointments as identified in the adopted Proposed Decision. Following the investigation, the Chief Administrative Law Judge or his designee shall prepare findings and make recommendations on whether disciplinary actions against any individuals that are the subject of this investigation are appropriate. The findings and recommendations shall be submitted to the Executive Officer or her designee. In accordance with Title 2, California Code of Regulations, section 8, the Executive Officer or her designee may direct that adverse actions be taken against any individuals as may be recommended.

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