Willson

Plaintiff Willson was a permanent civil service employee engaged as a building maintenance worker with defendant Department of General Services in Sacramento. He was absent without leave from his employment on March 30 and 31, and April 3 through 7, 1978. During this period plaintiff called in “sick” on at least three occasions; in fact he had gone to San Jose to salvage, for his own private purposes, $7,000 to $10,000 worth of free lumber. He admitted the true reason for his absence to his supervisor on April 7, 1978.

In a letter dated April 10, 1978, the Department of General Services notified plaintiff that effective March 29, 1978, he was separated from his employment because of his absence without leave for five consecutive working days; this action was taken pursuant to the automatic resignation provision of Government Code section 19503. (All subsequent statutory references are to sections of the Government Code.)

Plaintiff appealed to defendant State Personnel Board (Board). A hearing was held and on June 8, 1978, the Board adopted the decision of its hearing officer; it found plaintiff “had not made a satisfactory explanation of the reason for his absence” or…