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ISMAEL A. MATHAY v. CIVIL SERVICE COMMISSION

This case has been cited 2 times or more.

2007-02-13
SANDOVAL-GUTIERREZ, J.
                                                                                    a) non-compliance with the procedures/criteria provided in the agency's Merit Promotion Plan;   b) failure to pass through the agency's Selection/Promotion Board;   c) violation of the existing collective bargaining agreement between management and employees relative to promotion; or   d) violation of other existing civil service laws, rules and regulations. Verily, in deliberating and recommending to former Mayor Ruiz the appointments of herein petitioners to the vacant positions sans the required representation, the Board violated the above CSC Rules.  Hence, the appointments he issued are not valid.  They may be recalled. In Mathay, Jr. v. Civil Service Commission,[7] this Court upheld the authority of the CSC to take appropriate action on all appointments, including its authority to recall appointments made in disregard of the applicable provisions of Civil Service Law and regulations.
2005-02-16
SANDOVAL-GUTIERREZ, J.
In Mathay, Jr. vs. Civil Service Commission,[19] we held that the Civil Service Commission is empowered to take appropriate action on all appointments and other personnel actions and that such power "includes the authority to recall an appointment initially approved in disregard of applicable provisions of the Civil Service law and regulations."