Armistead v. State Personnel Board

Opinion

NEWMAN, J.

When a state employee submits a written resignation and then six days later withdraws it,- may his employer “accept” the resignation? The State Personnel Board and the Department of Water Resources, respondents here, answer Yes. They rely on section 525.11 of the board’s Personnel Transactions Manual (PTM), which reads: “An employee who resigns effective at some future date may withdraw his resignation before the effective date of that resignation and continue in employment only with the approval of the appointing power. If the appointing power does not wish to accept this…