Department of Corrections & Rehabilitation v. State Personnel Board
238 Cal. App. 4th 710
| Cal. Ct. App. | 2015Background
- Joseph McCauley was appointed permanent Correctional Sergeant at Avenal State Prison effective December 2, 2008, with a 12‑month probationary period.
- CDCR served a mailed “Notice of Rejection During Probationary Period” stating the rejection would be effective December 8, 2009; no written extension of the probationary period was attached to that mailing.
- On December 2, 2009 (served personally), CDCR handed McCauley a letter dated December 1, 2009, purporting to extend his probationary period to December 8, 2009.
- McCauley appealed to the State Personnel Board (SPB); an ALJ and the SPB found the probation ended December 1, 2009, the extension notice was one day late, and revoked the rejection.
- CDCR sought writ of mandate in superior court arguing the general rule of time computation (exclude first day) made the probation end December 2, 2009; the trial court granted the writ.
- The Court of Appeal reversed the trial court, holding the first day of a civil‑service probation is included in computing the period, so the extension was ineffective and the rejection invalid.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the first day of a civil‑service probationary period is included in computing the period | McCauley: include the first day—probation "served upon appointment" and observation begins day one | CDCR: apply general rule (Gov. Code §6800 / CCP §12) excluding the first day | Include the first day; first day counted, so McCauley’s probation ended Dec. 1, 2009 |
| Whether CDCR’s notices (extension and rejection effective Dec. 8) were valid | McCauley: extension served Dec. 2 was after probation ended, so extension ineffective and rejection invalid | CDCR: notices were within the probationary period if first day excluded (making Dec. 2 the last day) | Extension ineffective; effective date Dec. 8 was after probation ended, so rejection invalid and properly revoked by SPB |
Key Cases Cited
- Skelly v. State Personnel Bd., 15 Cal.3d 194 (California Supreme Court 1975) (defines probationary period as initial period of employment)
- Santillano v. State Personnel Bd., 117 Cal.App.3d 620 (Court of Appeal 1981) (requisite written notice of rejection must be effective not later than last day of probation)
- Wiles v. State Personnel Bd., 19 Cal.2d 344 (California Supreme Court 1942) (probation begins on appointment date; counting first day)
- Anderson v. State Personnel Bd., 103 Cal.App.3d 242 (Court of Appeal 1980) (court treats first day as included when computing probation)
- Sara M. v. Superior Court, 36 Cal.4th 998 (California Supreme Court 2005) (deference principles for administrative interpretation)
- Dyna‑Med, Inc. v. Fair Employment & Housing Com., 43 Cal.3d 1379 (California Supreme Court 1988) (weight given to consistent administrative construction)