(a) To be valid, all civil service appointments require that the appointing power make and the employee accept the appointment in good faith, as specified herein.
(b) An appointment made in good faith is presumed to exist when the appointing power, including any and all officers and employees of the appointing power who are delegated any responsibility related to the appointment, does all of the following:
(1) Intends to follow the spirit and intent of any applicable laws, regulations, and policies.
(2) Makes a reasonable and serious attempt to determine how any applicable laws, regulations, and policies should be applied to the appointment.
(3) Ensures that the position of the appointment has been properly classified.
(4) Ensures prior to the appointment that the selected candidate is eligible for the appointment.
(5) Intends to employ the selected candidate in the classification, tenure, and location, and under the terms and conditions set forth in the appointment documents.
(6) Makes serious and reasonable efforts to provide officers and employees involved in the selection process the relevant reference materials, training, and supervision necessary to avoid any mistakes of law or fact related to making civil service appointments.
(7) Acts in a manner that does not violate the rights and privileges of other persons affected by the appointment, including other eligible candidates.
(c) An appointment accepted in good faith is presumed to exist when the employee does all of the following:
(1) Answers all questions, including but not limited to, questions related to experience, education, and level of competencies, truthfully and honestly.
(2) Makes sincere and reasonable efforts to provide complete, accurate, and factual information whether verbally or on documents or other materials.
(3) Makes prompt and reasonable efforts to correct any information, documents, or other materials that the employee, while initially believing were correct, later learns is inaccurate, misleading, or false.
(4) Intends to serve in the classification, tenure, and location, and under the terms and conditions set forth in the appointment documents.
Credits
Note: Authority cited: Sections 18502, 18701 and 18660, Government Code. Reference: Cal. Const., Art. VII, §§ 1 and 3; and Sections 18525, 19050, 19257 and 19257.5, Government Code.
1. New section filed 4-2-2018; operative 7-1-2018. This regulatory action is exempt from the Administrative Procedure Act and OAL review pursuant to Government Code section 18211. Submitted to OAL for filing and printing only (Register 2018, No. 14).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 2, § 243, 2 CA ADC § 243
