The State Worker

Chronicling civil-service life for California state workers

It looks like your September paycheck is safe, state workers. October looks pretty good too.

We got word this afternoon that the legal wrangling over Gov. Arnold Schwarzenegger's order to whack state worker pay will drag out through the end of October. Probably.

You may recall, as we reported earlier, that several unions got together and pushed the legal fight between Schwarzenegger and Controller John Chiang into federal court. That created uncertainty whether a Sept. 12 state court hearing would take place to resolve whether Chiang has to comply with the governor's order.

The Department of Personnel Administration, representing Schwarzenegger's interests, could successfully argue to keep the matter in state court, which could revive the Sept. 12 hearing. But it's looking unlikely.

Thursday afternoon, controller spokesman Jacob Roper delivered this bit of news via e-mail to the State Worker:

Since the case has moved to the Federal court, the Sept 12th superior court hearing will not be held. A group of labor organizations has filed a motion to move the case from the Eastern Federal district to the Northern district, and a hearing on that motion is scheduled for October 31.

Roper also restated the controller's assertion that cutting salaries to minimum wage would be a massive, time-consuming reprogramming task, "so there is no reason to believe that minimum wage checks would be issued anytime soon."

DPA's Lynelle Jolley in an e-mail said, "(There's) still a question mark over the Sept. 12 hearing date but I wouldn't say it's officially dead. DPA hasn't yet filed its 'motion to remand to state court.' "

Footnote: Be sure you check out our Capitol bureau colleague Steve Wiegand's story in today's Bee. Steve spells out the impact of what will become the state's longest-ever budget deadlock unless legislators and the governor reach an agreement today.

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About The State Worker

Jon Ortiz The Author

Jon Ortiz started The State Worker blog and column in 2008 as a member of The Bee's business staff, where he covered workplace and labor issues. He moved to the Capitol Bureau in January 2009 to cover state employment issues full time. Join him for updates and debate on state pay, benefits, pensions, contracts and jobs. Contact him at (916) 321-1043 and at jortiz@sacbee.com.

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