In a decision with implications for public-private partnerships, Sacramento's Third District Court of Appeal has upheld a lower court ruling that the Legislature can't direct that only state workers provide some services on a Southern California construction project.
Consulting Engineers and Land Surveyors of California vs. CalTrans/LACMTA tested whether the state worker-only provisions of a highway bill Proposition 35, a constitutional amendment that California voters passed in 2000. The amendment includes this language: "... nothing ... shall be allowed to limit the State or any other governmental entities ... from contracting with private entities for the performance of architectural and engineering services ..."
A trial court agreed with the Consulting Engineers. Last week the appellate court agreed with the lower court.
Bruce Blanning of the Professional Engineers in California Government , which sided with CalTrans, told the State Worker late yesterday that he expected to lose. "We're considering what to do next, if anything," he said.
Paul J. Meyer, executive director of the American Council of Engineering Companies of California, said in an e-mail to The State Worker that the decision sets a legal precedent that will cascade into other legislation:
This past year there were at least ten bills in the Legislature that contained anti-Prop 35 provisions. Without this ruling such bill provisions will continue to appear over and over. Yesterday's ruling is the first published court ruling on an anti-Prop 35 statute enacted by the legislature after the passage of Prop 35. (The first of two preceding California Supreme Court rulings did not involve a legislative enactment, and the second Supreme Court ruling concerned the legislature's approval of a collective bargaining MOU, not a statute.)
You can read the court's decision by clicking here.
IMAGE: Sacramento Bee
The Author
About Comments
Reader comments on Sacbee.com are the opinions of the writer, not The Sacramento Bee. If you see an objectionable comment, click the "report abuse" button below it. We will delete comments containing inappropriate links, obscenities, hate speech, and personal attacks. Flagrant or repeat violators will be banned. See more about comments here.