The State Worker

Chronicling civil-service life for California state workers

April 14, 2010
1st District Court again sides with Schwarzenegger

It's official. Furlough Fridays will continue.

Thumbnail image for Thumbnail image for Thumbnail image for Gavel.jpgSan Francisco's 1st District Court of Appeal has issued a ruling on Gov. Arnold Schwarzenegger's third petition for writ of supercedeas. Like the previous decisions (which you can read about here and here), the court has decided to keep furloughs in place for state workers in "special fund" departments named in CASE v. Schwarzenegger while the matter is appealed:

The petition for writ of supersedeas is granted as follows: Pending consideration of the appeal 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 stayed.

The decision keeps furloughs in place for those employees throughout the appeals process, despite Alameda Superior Court Judge Frank Roesch's order last month that the governor end the policy for state workers in one of the so-called "special fund" departments named in lawsuits brought by CASE, SEIU Local 1000 and Union of American Physicians & Dentists.

Schwarzenegger asked the 1st District Court to keep furloughs in place during the appellate process. He won temporary stays in all three cases on Mar. 30. Today's decision, like the two that preceded it, is specifically about extending the stay on Roesch's order, not the legal underpinnings of his ruling that employees in special-fund departments have been illegally furloughed.

Click here to open the court's Web site. Scroll to the bottom to read today's ruling.

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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 jortiz@sacbee.com.

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