Note: The original post of this item on Monday did not include a link to the entire Schwarzengger brief, so we're reposting the item here with this link to the 55-page document. Thanks to State Worker blog users who gently called the oversight to our attention via comments on the post and e-mail.
Attorneys for Gov. Arnold Schwarzenegger have filed the administration's defense of furloughs with Sacramento's Third District Court of Appeal.
From the argument summary:
The fundamental issue before this Court is whether the Governor of the State of California may exercise executive power, granted him by the California Constitution, statutes, and the Memorandum of Understanding ("MOU") between Appellant and the State, to furlough temporarily state employees as one means of addressing a fiscal crisis of unprecedented dimension ...
Appellant's arguments to the contrary fail to address the obvious: there was a serious fiscal emergency requiring immediate action and the Governor, in furloughing state employees, took a step within his authority to respond to that emergency.
The brief specifically addresses the anti-furlough order arguments made by California Attorneys, Administrative Law Judges and Hearing Officers in State Employment. CASE filed its opening appellant brief last month. Click here for a post about CASE's argument.