The State Worker

Chronicling civil-service life for California state workers

March 30, 2010
11 a.m. update: Court issues stay; state workers to remain on furlough schedule

We've just received word from Gov. Arnold Schwarzenegger's office that the 1st District Court of Appeal has issued a temporary stay in one of the three furlough cases that the governor appealed on Monday.

Bottom line for state workers: This Friday will be another furlough day for anyone who had the last "Furlough Friday" off without pay.

The stay comes one day after the governor's petition for a writ of supercedeas in
California Attorneys, Administrative Law Judges and Hearing Officers in State Employment v. Schwarzenegger . The writ seeks to block Judge Frank Roesch's order to return state workers in "special fund" departments named in that lawsuit to a regular schedule while Schwarzenegger appeals the ruling.

Today's action temporarily puts Roesch's order on hold to give the court more time to hear detailed arguments on both sides about whether Roesch's order should be executed during the appeals process.

We expect the court will soon issue similar decisions in similar writs involving Roesch's decisions regarding lawsuits brought by Union of American Physicians & Dentists and SEIU Local 1000 that the governor has also appealed.

Here's the text of this morning's court's order, which includes a Friday deadline for the governor to file more documents supporting his argument and a April 7 deadline for CASE to respond:

Pending consideration of the petition for writ of supersedeas on file herein, and subject to further order of this Court, the "Order Granting in Part Motion for Relief From Automatic Stay," filed March 23, 2010 in Alameda County Superior Court Number RG- 09-453982 is temporarily stayed. On or before 12:00 noon, Friday, April 2, 2010, appellants shall serve and file exhibits in compliance with rule 8.112 of the California Rules of Court. On or before 10:00 a.m., Wednesday, April 7, 2010, respondents shall serve and file opposition, if any, to the petition for writ of supersedeas. The Clerk of the Court shall provide telephone notice of this order to all parties in addition to service by mail.

Click here to link to the court's Web site.

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About The State Worker

Jon Ortiz The Author

Jon Ortiz launched The State Worker blog and a companion column in 2008 to cover state government from the perspective of California government employees. Every day he filters the news through a single question: "What does this mean for state workers?" Join Ortiz for updates and debate on state pay, benefits, pensions, contracts and jobs. Contact him at (916) 321-1043 and at


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