Woodford v. Cal.State Personnel Bd.
Pamela Waters (Waters) appeals from the judgment granting a petition for writ of mandate (Code Civ. Proc., S 1094.5) sought by the Department of Corrections and Rehabilitation (the Department), acting through its Director, Jeanne Woodford, to overturn a final decision of the California State Personnel Board (the Board). The trial court held that the Board erred as a matter of law when it dismissed, as defective, an adverse action imposed upon Waters for lack of proper service. The Board had found that procedural compliance with the applicable service statute is a prerequisite to taking an adverse action against a state employee. The trial court disagreed, finding that because Waters received actual notice of the adverse action, filed an appeal with the Board to challenge the imposed adverse action, and appeared before the Board, the Board could no longer dismiss the adverse action for lack of procedural compliance with the service statute. Thus, the trial court ordered reinstatement of the adverse action against Waters.
On appeal, court are asked to determine whether the Board can dismiss an adverse action imposed upon a state employee whose service by mail technically failed to comply with section 18575, when such state employee appeals the imposed adverse action to the Board and appears before the Board regarding such action.
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