Elements of a valid appointment
The following elements should always concur in the
making of a valid (which should be understood as both complete and effective)
appointment:
The concurrence of all these elements
should always apply, regardless of when the
appointment is made, whether outside, just before, or during the appointment
ban. These steps in the appointment process should always concur and operate
as a single process. There is
no valid appointment if the process lacks even one step.
(1) authority to appoint and
evidence of the exercise of the authority;
(2) transmittal of the appointment
paper and evidence of the transmittal;
(3) a
vacant position at the time of appointment; and
(4) receipt of the appointment paper
and acceptance of the appointment by
the appointee who possesses all the qualifications and none of the
disqualifications.
The concurrence of all these elements
should always apply, regardless of when the
appointment is made, whether outside, just before, or during the appointment
ban. These steps in the appointment process should always concur and operate
as a single process. There is
no valid appointment if the process lacks even one step.
