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James Ward v. CDCR

James Ward v. CDCR

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Published by jon_ortiz
SPB Judge Jeanne Wolfe's ruling sides with plaintiff James Ward. Full SPB heard the case in Feb. Panell's decision coming w/in weeks.
SPB Judge Jeanne Wolfe's ruling sides with plaintiff James Ward. Full SPB heard the case in Feb. Panell's decision coming w/in weeks.

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Published by: jon_ortiz on Mar 15, 2012
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07/10/2013

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JAMES WARDv.CALIFORNIA DEPARTMENT OFCORRECTIONS AND REHABILITATIONComplaint Alleging Illegally VoidedAppointmentCase No. 09-2437E
RESOLUTIONWHEREAS
, the State Personnel Board has considered carefully the findings offact and Proposed Decision filed by the Administrative Law Judge in the above matter;and
WHEREAS,
by said Proposed Decision granting Appellant
s Complaint is hereby
REJECTED.
 
IT IS RESOLVED AND ORDERED
that the Board will decide the case itself,upon the record, and the matter shall be set for written and/or oral argument before the
Board. The parties’ right to argue other matters is not limited, but the Board invites
particular discussion on the following issue:1. Was the Chief Dentist position advertised as a full-timepermanent position?2. Was Appellant eligible to be appointed to a permanent, fulltime position as Chief Dentist?3. Once the Chief Dentist position became available to be filledas permanent, full-time, was CDCR obligated to advertise forthat position? / / /  / / / 
 
James WardCase No. 09-2437EPage 2 of 24. What authority, if any, did the ISP Personnel Specialist,
Delegated Testing Officer/AGPA, and/or the Respondent’s
Regional Dental Director, IV, have to modify the advertisedChief Dentist, Limited Term classification to a permanentposition?5. Is the NOPA legally controlling over the verbal
representations made to Appellant by Respondent’s
representatives that the Chief Dentist, Limited Termclassification was only temporary and that Appellant wasactually being hired to a permanent, full-time position?* * * * *The foregoing Resolution was made and adopted by the State Personnel Boardin Case No. 09-2437E at its meeting on September 20, 2011, as reflected in the recordof the meeting and Board minutes.DATE: September 20, 2011
/s/ SUZANNE M. AMBROSE
 SUZANNE M. AMBROSEExecutive Officer
 
James WardCase No. 09-2437EPage 1 of 19
 
JAMES WARDv.CALIFORNIA DEPARTMENT OFCORRECTIONS AND REHABILITATIONComplaint Alleging Illegally VoidedAppointmentCase No. 09-2437EProposed Decision
STATEMENT OF THE CASE
This matter came on regularly for hearing before Jeanne R. Wolfe, AdministrativeLaw Judge (ALJ), State Personnel Board (SPB), on June 20 and 21, 2011, in RanchoCucamonga, California. The matter was submitted after oral closing arguments on June21, 2011.Complainant, James Ward (Complainant), was present and represented byWendell Phillips, Attorney, Phillips & Rickards, Attorneys at Law.Respondent, California Department of Corrections and Rehabilitation,(Respondent, Department, or CDCR) was represented by Michael J. Early, DeputyAttorney General, California Department of Justice, and Julie A. Hawpe, Staff ServicesManager, Institutional Personnel Officer, Ironwood State Prison (ISP), CDCR.Complainant contends he was appointed to the full-time, permanent position ofChief Dentist, ISP, and that CDCR subsequently changed that appointment to a limited-term position without first seeking the approval of the SPB, as required by GovernmentCode section 19257.5. Complainant does not dispute that he read and signed theNotice of Personnel Action (the NOPA) stating that the Chief Dentist appointment was ina full-time, limited-term capacity. Complainant argues that he was improperly induced

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