Cvrcek

Appellant, an Out of State Auditor II with the State Board of Equalization stationed in Chicago, was acting as -an Out of State Auditor III under a probationary appointment. He applied for a permanent appointment as Auditor III, but was rejected; he appealed from the rejection and, while his appeal was pending passed the written portion of the examination for Out of State Auditor III. An oral examination was set for June 14,1963.

On June 10, district tax administrator Kerrigan, who was to sit on the board for the oral examination, was in Chicago. Appellant asked to see him, hoping to persuade Kerrigan to reconsider the rejection. A few minutes before the interview, appellant removed from the audit office file a memorandum he had written to H. L. Dickinson, his immediate superior, relative to the rejection, and a copy of a disputed “Waiver of Limitations.” These documents were not to be removed from the file.

During the interview, appellant showed the documents to Kerrigan, who asked him to explain his possession of them. He at first told Kerrigan the papers were not original documents nor unauthorized copies. However, upon interrogation appellant admitted he had lied about the…