Department of Corrections & Rehabilitation v. State Personnel Board

Appellant Joseph McCauley (McCauley) was promoted to the position of correctional sergeant at Avenal State Prison by his employer, California’s Department of Corrections and Rehabilitation (CDCR). The new position began on December 2, 2008, and was subject to a 12-month probationary period before it became permanent. On December 1, 2009, CDCR served a notice of rejection on McCauley to remove him from the position of correctional sergeant effective on December 8, 2009. On December 2, 2009, another document was served on McCauley, this one purporting to extend his probationary period until December 8, 2009. McCauley maintained that CDCR’s notice of rejection and other papers were invalid due to failure to comply with certain timing and notice requirements relating directly to the duration of the probationary period. In an administrative appeal to California’s State Personnel Board (the Board), the Board agreed with McCauley and revoked CDCR’s notice of rejection. CDCR challenged the Board’s ruling by filing a petition for writ of mandate in the trial court. The trial court granted the petition and reversed the Board. McCauley now appeals from the judgment granting the…