3d 513, 519 [86 Cal. Professional Engineers in California Government was formed in 1962 for the sole purpose of representing state-employed engineers and related professionals responsible for designing and inspecting California's infrastructure, improving air quality, and developing clean energy and green technology. Because reasonable minds obviously could differ and did differ over the economies of contracting, it is only fair to conclude that reasonable minds may differ as to the reasonableness of Chapter 433 and its plan for ensuring timely and cost-effective project delivery. (Maj. In substance, such experimentation is not materially different from that which is authorized by Chapter 433. fn. ), Responding to the trial court's doubts regarding the supposed "short-term" nature of the seismic safety retrofit program, the Court of Appeal majority reasoned that, although this program may be comparable to any typical Caltrans project, it "has a finite life. 4th 1211, 1219 [4 Cal. The dissent observed that in reaffirming its 1990 injunction, the trial court found that Caltrans's " 'contracting activity during 1993-94 is contributing to the displacement of permanent, temporary and part-time civil service staff in the performance of project development work.' (^qq%q%ARm,k\tESrEq\?bjrA!9 16, 474 et seq. Recall Election - California Fair Political Practices Commission The undisputed fact remains, as found by the Legislature, that at the time Chapter 433 was enacted staff was inadequate to perform the work. at p. 2471] (lead opn. ", FN 15. Founded in 1962, PECG represents 14,000 state-employed engineers and related professionals responsible for designing and inspecting California's infrastructure, improving air and water quality, and developing clean energy and green technology. Professional Engineers in California Government, The Next Frontier: Engineering the Golden Age of Green, Amazing: The Rebuilding of the MacArthur Maze, "California state engineers say yes to 8.5 percent raise, other perks", Bargaining Unit Contracts - Bargaining Unit 9, (PECG) - Professional Engineers, Engineers' Union Takes Labor Savings Ideas to Legislature, California Supreme Court Upholds Furlough Order for State Workers, Professional Engineers in California Government (PECG), https://en.wikipedia.org/w/index.php?title=Professional_Engineers_in_California_Government&oldid=1012499074, 455 Capitol Mall, Suite 501, Sacramento, CA 95814, This page was last edited on 16 March 2021, at 18:13. [Citation.] (b)), and 14130.2, providing that engineering services needed to deliver locally financed highway projects "are not required to be considered in determining [Caltrans's] project delivery staffing needs. Rptr. 180. Co. v. Deukmejian, supra, 48 Cal.3d at page 822, footnote 15 (attack on facial validity of initiative measure); Metromedia, Inc. v. City of San Diego (1982) 32 Cal. As the court observed, "Pursuant to the [new] provisions, [Caltrans] may calculate [its] civil service staffing needs without considering the full workload to be performed, may limit [its] procurement of civil service staff regardless of actual staffing needs or ability to productively use new staff, and [is] required to reinstate contracts for the purpose of fostering employment and business opportunities without regard to the constitutional civil service mandate. 1 implements article VII. endstream endobj 375 0 obj <>stream Rptr. Sess.) [Citation.] SATENDRA SHARMA - Senior System Engineer - Infosys | LinkedIn 397.) [15 Cal. 4th 597] reform a statute to conform it to constitutional requirements in lieu of simply declaring it unconstitutional and unenforceable." According to the court, this finding could only be based on a study of actual workloads and available staff during particular fiscal years. Includes links to laws and rules regulating the two professions. View James Bourbos' profile on LinkedIn, the world's largest professional community. 2d 636, 642 [76 P.2d 674] [determination of necessity for urgency measure is purely a legislative question; courts will not interfere with determination "save in those few exceptional cases where it appears clearly and affirmatively from the legislature's statement of facts that a public necessity does not exist."].) opn. 3d 420, 444-445 [134 Cal. 161, 771 P.2d 1247] (attack on facial validity of initiative measure); Mills v. Superior Court (1986) 42 Cal. Moreover, Caltrans had not attempted to prove that private contracting could produce any substantial cost savings. ), Relying on CSEA, supra, 199 Cal.App.3d at pages 851 through 853, the Court of Appeal majority reasoned that the Legislature properly could find that, under present conditions, certain highway construction projects, even though existing state functions, cannot be performed "adequately, competently or satisfactorily" by state employees, but can be performed "efficiently and economically" if privately contracted. The restriction on contracting out does not arise from the express language of the Constitution, but rather "from an implicit necessity for protecting the policy of the organic civil service mandate against dissolution and destruction. Code, 3424, subd. (Code Civ. As the Court of Appeal dissent notes, that legislative purpose may be exemplary, but it does not afford a proper ground for noncompliance with the civil service mandate. 4th 577] challenge to constitutionality of legislation authorizing state to contract with private sector for personal services]. [Citation.]". The majority, however, offer no justification or analysis. For these reasons, I conclude the trial court erroneously found Chapter 433 unconstitutional on its face. Our review of the legislative history underlying the adoption of Chapter 433 fails to indicate that the Legislature conducted any factual studies or evidentiary hearings before adopting that measure. at p. 397-399) and the "cost savings" rule (see CSEA, supra, 199 Cal.App.3d at pp. 1986) [Judicial Notice,] 80[, p. (See Professional Engineers, supra, 13 Cal.App.4th at pp. The Majority Err by Not Applying the Presumption of Constitutionality. The applicant must check the box on the application indicating that they are seeking a waiver. ), (Opinion by Chin, J., with George, C. J., Mosk, J., Kennard, J., and Benke, J., fn. ), (2) Caltrans's use of private consultants to assist in project delivery "is a new state function and does not duplicate the existing functions of the department." 4th 549] particular cases. Caltrans suggests that the "nature of the services," and "new state function" tests are difficult to apply and can lead to anomalous results. Civil Engineer Applicants (Pacific Legal Foundation v. Brown (1981) 29 Cal. The court may not simply rely on its finding preceding enactment of Chapter 433 that any inadequacy of staff was caused by a policy and practice of maintaining staff at an artificially low level. Co. v. Yamamoto (1994) 29 Cal. Those provisions, respectively, permit judicial notice to be taken of "[f]acts and propositions that are of such common knowledge within the territorial jurisdiction of the court that they cannot reasonably be the subject of dispute" and "[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy." (Pacific Legal Foundation v. Brown, supra, 29 Cal.3d at p. On November 21, 2000, Professional Engineers in California Government, which identified itself as "the duly certified collective bargaining representative for members of state employee Bargaining Unit No. as amended June 24, 1993; Assem. of Equalization (1978) 22 Cal. 5 the Legislature noted in its Chapter 433 findings that Caltrans's use of private consultants had recently accelerated nearly $1 billion worth of construction projects on the state highway system and that this increase in project delivery capability must continue for Caltrans to meet its commitments for timely project delivery. 374 0 obj <>stream ), FN 4. ", The dissent reviewed the history of the proceedings in this case and observed that, "[u]nable to make headway with the judicial branch's tiresome requirement that Caltrans produce evidence that contracting out was warranted as cheaper or more efficient, Caltrans sought a sanction from the Legislature for its practice of contracting out. 411.) Early appellate decisions held that the civil service mandate forbids private contracting, whether for permanent or temporary services, skilled or unskilled, if those services are of a kind that persons selected through civil service could perform "adequately and competently." 4th 576] or disregarded by the courts, unless the legislative decision is clearly and palpably wrong and the error appears beyond reasonable doubt from facts or evidence which cannot be controverted, and of which the courts may properly take notice.' FN 11. opn., ante, at p. ", The dissent next addressed the majority's claim that legislative findings in Chapter 433 included an implied finding that private contracting would [15 Cal. As we explain, the civil service mandate forbids private contracts for work that the state itself can perform "adequately and competently." PECG represents 14,000 state-employed engineers and related professionals responsible for designing and inspecting California's infrastructure, improving air. If the Legislature predicated Chapter 433 on such a finding how could it fail to assert this among the plethora of cryptic, illogical, and untenable express findings and declarations? In order to enact laws that would be upheld against constitutional challenges, would the Legislature be required to hold extensive evidentiary hearings? opn., ante, at p. 565), "we deal with a constitutional provision of a kind, similar to many others, which necessarily and over a period of time will require judicial, legislative and administrative construction." The trial court stated: "The Court concludes that Chapter 433 of the Statutes of 1993 is unconstitutional in that it authorizes defendants to contract with private consultants for the performance of project development services without a factual showing that the contracts are permissible under article VII. 273, 279 , the court held that 'where a constitutional provision may well have either of two meanings, it is a fundamental rule of constitutional construction that, if the Legislature has by statute adopted one, its action in this respect is well nigh, if not completely, controlling. A related provision, new section 14137, declares that contracts in force or awarded before July 1, 1993, for project management services "shall not be terminated, but shall continue to the conclusion of those contracts.". This . State civil service staff has long performed these functions. In so holding, the Court of Appeal relied heavily on legislative findings and declarations that purport to justify Caltrans's contracting activities. The legislative findings and directives comprising the justifications, however, are obviously erroneous, unreasonable and inconsistent with the constitutional civil service mandate. (Stats. 817, 621 P.2d 856].) (Pacific Legal Foundation v. Brown (1981) 29 Cal. ), (4) Caltrans "shall not be required to utilize state employees to perform all engineering and related services to the maximum extent required to meet [15 Cal. Following trial, on March 26, 1990, the court (Sacramento Superior Court, Eugene T. Gualco, Judge), issued an extensive statement of decision in plaintiffs' favor. 30.). 4th 583] report to evaluate the economic viability of contracting out to the private sector. 1989, ch. 232] (CSEA).) (1985) 40 Cal. " According to the dissent, Caltrans did not challenge this new finding, but has relied entirely on the provisions of Chapter 433. at page 127 (statute justifying what would otherwise have been a nuisance); Burns v. Superior Court (1903) 140 Cal. To research campaign contributions for candidates, visit the Secretary of State's website at powersearch.sos.ca.gov. fn. Werdegar, J., and Brown, J., did not participate therein. Analyst, letter to Sen. Marian Bergeson (July 15, 1993) p. 2 [advising that estimates of average civil staff personnel costs and average private consultant personnel costs were not directly comparable because the estimates were not based solely on the number of staff hours spent directly on performing project development activities]) and were contradicted by other evaluations (Sen. Transportation Com., Rep. on Sen. Bill No.
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