The State Worker

Chronicling civil-service life for California state workers

September 29, 2011
Jerry Brown administration wins 'special fund' furlough case

Make it three for three: San Francisco's 1st District Court of Appeal has reversed the lower court ruling in California Attorneys, Administrative Law Judges and Hearing Officers in State Employment v. Schwarzenegger that employees in so-called "special fund" departments were illegally furloughed, handing the Brown administration a win.

The ruling wasn't unexpected. The government won two similar appeals earlier this year in cases brought by the Union of American Physicians and Dentists and SEIU Local 1000.

Here's the nut of the appellate court's decision, announced late this afternoon:

"The judgment is reversed and the cause is remanded to the trial court with directions to: (1) recall the writ of mandate, (2) set aside the judgment granting the petition, and (3) conduct further proceedings as appropriate and enter a new judgment in conformity with this opinion. The parties shall bear their respective costs on appeal."

As noted on the State Worker Facebook wall after the appellate court heard the case Sept. 1, the justices asked virtually no questions of either side.

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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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