Cal. Code Regs. Tit. 2, § 243 - Good Faith Appointment Requirements
(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.
Notes
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.
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