CA Dept. of Corr. & Rehab. v. CA St. Personnel Bd.Annotate this Case
After CDCR served a notice of rejection on Joseph McCauley to remove him from the position of Correctional Sergeant, McCauley filed an administrative appeal to the Board. The Board agreed with McCauley 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, and the Board revoked CDCR's notice of rejection. CDCR then challenged the Board's ruling by filing a petition for writ of mandate, which the trial court granted. McCauley appealed. The court held that McCauley is correct that the notice of rejection was fatally deficient under applicable law because the effective date of the rejection was after the completion of his probationary period. In so holding, the court also concluded that the proper way to calculate a civil service probationary period is to include the first day, notwithstanding the general rule for calculating time limits in Government Code
section 68001 and Code of Civil Procedure section 12. Accordingly, the court reversed the judgment of the trial court.