3d 575, 591 [131 Cal. Necessarily under the separation of powers doctrine, however, courts are limited in what they can review to determine the propriety of legislative findings of fact and determinations. ", First, although these reasons, if factually based, might support a constitutional amendment to clarify, or indeed abrogate, the private contracting restriction, they offer no solid ground for ignoring traditional principles of stare decisis. [5] Although courts must give legislative findings great weight and should uphold them unless unreasonable or arbitrary, " we also must enforce the provisions of our Constitution and 'may not lightly disregard or blink at a clear constitutional mandate.' 568.) FN *. For instance, in Mills v. Superior Court, supra, 42 Cal. Rptr. The court also concluded that the Caltrans activities that the trial court's 1990 injunction prohibited "appear to be consistent with the objects and purposes of [Chapter 433] as set out expressly in legislative findings and declarations, the underlying factual bases of which were not competently challenged in the superior court. Code, 179 et seq.) Thus, on April 17, 1990, the court issued a permanent injunction prohibiting Caltrans from (1) contracting privately for engineering and inspection services for highway projects unless the work was to be performed in compliance with the then existing criteria set forth in section 14101 and former section 14130 et seq. Thus it is not unreasonable for the Legislature to find it would be more economical to contract out such work than to hire additional staff who must then be laid-off when the short-term retrofit program is completed. The trial court's earlier [15 Cal. XIII A]. 'If there is any doubt as to whether the facts do or do not state a case of immediate necessity, that doubt should be resolved in favor of the legislative declaration .' [Citation.] 11 It simply allows the Director the discretion to contract out where such a move makes economic sense. [] From facts which the Court may properly judicially notice, it is evident that defendants' contracts with private consultants for the performance of engineering services to deliver highway projects duplicate an existing state function historically performed by civil service staff. 4th 598] (1943) 22 Cal. Fund v. Riley (1937) 9 Cal. ", Additionally, nothing in the record supports Caltrans's assertions that restrictions on private contracting cause additional expense or safety risks. 1018.) Because the discussion of the prior and current litigation would be largely meaningless without knowledge of the underlying legal principles, we will [15 Cal. www.pecg.org. ), There is a "strong presumption of the constitutionality of an act of the Legislature." 4th 601] Accordingly, there is a strong presumption in favor of the Legislature's efforts at interpretation. (See, e.g., Producers Dairy Delivery Co. v. Sentry Ins. ht10:&D1@N%JAB`!3(btn,SNQjc[.^b2@T\ ). 710.) In other words, legislative determinations are not to be judicially nullified unless they are manifestly unreasonable, arbitrary or capricious. California Federation of Interpreters, Communication Workers of America, AFL-CIO v. Region 4 Court Interpreter Employment Relations Committee, et al. As the majority recognize (maj. Com. Com. This position does not require Senate confirmation and the compensation is . [15 Cal. Professional Engineers in California Government (PECG). 1, 7-8 [73 P. 597] (superior court's power regarding contempt). Here, by contrast, Chapter 433 constitutes an interpretation of a constitutional provision, the construction and limits of which are disputed. 4th 1612, 1619-1621 [20 Cal. (California State Employees' Assn. (Gov. Please turn on JavaScript and try again. 4th 582] traditionally performed where such services are withdrawn from state service or privatized on an experimental basis. First of all, Chapter 433's provisions are explicitly limited both in their application and in their duration. of Equalization (1978) 22 Cal. The court found that since the 1986-1987 fiscal year, Caltrans has unlawfully contracted privately for engineering projects that the civil service has traditionally done; that by hiring more civil service employees, Caltrans could have the work at issue performed in a timely manner, and that Caltrans failed to justify private contracting on a cost-effectiveness or other valid basis. The 'rule of deference to legislative interpretation' of the California Constitution, therefore, has no application in the present case. 2d 740] [rejecting motorcyclists' due process challenge to helmet law and holding that state had no obligation to come forward with evidence controverting motorcyclists' evidence that helmet law did not accomplish intended safety purpose]; Rittenband v. Cory (1984) 159 Cal. Accordingly, there is no valid basis for a claim that Chapter 433 conflicts with the injunction because it imposes this burden upon the state." Fed., etc. fn. v. State of California (1988) 199 Cal. 4th 607, 615 [47 Cal. with arguments to voters, Gen. Elec. 800, 647 P.2d 76] (vagueness challenge to special circumstance statute); In re Ricky H. (1970) 2 Cal. 4th 607] tripartite system. 3d 171, 177, this court stated: "We are very mindful that article XXXIV [concerning local elections on low-rent housing projects] is a direct expression of the People who, alone, have the power to adopt or change the Constitution [citation], and that the judiciary, rather than the Legislature, is principally charged with its construction. Remarks. Board for Professional Engineers, Land Surveyors, and Geologists, Civil Engineering Examinations Reference List. Rptr. Applicants should also review the Process Flowcharts . 3d 501, 514 [217 Cal. Dist. (Professional Engineers v. Department of Transportation (1993) 13 Cal. One of PECGs goals is to promote the highest standards of professional practice. 3d 840, 844 [245 Cal. (Beach v. Von Detten (1903) 139 Cal. (Amwest, supra, at pp. (Id. Transit Authority v. Public Util. Civil Engineer Applicants Although Globe Grain concerned a statute which contained some express limits on the commission's exercise of discretion, I see no reason why the same presumption should not apply here. About . The new section states no facts to establish those contracts were exempt from the constitutional restriction on private contracting. Rptr. 3d 258, 282 [96 Cal. The rule, moreover, remains viable today. ), Relying on CSEA, supra, 199 Cal.App.3d at pages 851 through 853, the Court of Appeal majority reasoned that the Legislature properly could find that, under present conditions, certain highway construction projects, even though existing state functions, cannot be performed "adequately, competently or satisfactorily" by state employees, but can be performed "efficiently and economically" if privately contracted. 847.) Service Employees International Union, Local 1000 (SEIU) 12 . 2023 Professional Engineers Act, the Geologist & Geophysicist Act, and the Professional Land Surveyors' Act, and their associated regulations. Before examining the provisions of Chapter 433, we first review the primary preexisting provisions, as they are pertinent to an understanding of the intent and effect of Chapter 433. Rptr. ), In that case, the Court of Appeal upheld the challenged legislation, concluding that although the design and construction of roads were neither new functions nor ones that state workers could not satisfactorily perform, the privatization program was an experimental one, and no state funds would be used to defray construction costs. If the Lockard requirements for disregard of the legislative findings and determinations are not met, a court must then accept the facts as found by the Legislature and determine whether, based on those facts, the legislation comports with the Constitution. [Citations.] Although not explicitly stated in the act, it is apparent that implicit in Chapter 433 is a provision that contracting out must make economic sense-it must be cheaper than using civil service-and that the discretion of the Director of Transportation (Director) to contract out must be exercised toward that end. 2d 349, 353 [55 P.2d 206] [sufficient that statute makes limitation, required by Constitution, by necessary inference from its language].) Professional Engineers in California Government (PECG) is a union representing engineers and related professionals employed by the state of California. (Maj. Presumably, after all bridges are retrofitted as needed, the program will terminate. Please view theFingerprinting FAQsfor detailed information. We do, however, apply the general rule that 'a strong presumption of constitutionality supports the Legislature's acts. 851.) omitted, italics added.). Section 14134, subdivision (a), sets forth guidelines that include ensuring the timely capture and use of available federal, state, and local funding, reducing "short-term fluctuations" in workload relating to project study and development, ensuring that "the cost effectiveness of contracting" is considered equally with other factors in contracting decisions, and ensuring that the contract selection process complies with state law and avoids unlawful or unfair procedures. If so, would the constitutionality of legislation then become a question of which side hired the best attorney? Rptr. 14. It is for the Legislature to find the facts and it falls to us to respect those findings unless they are clearly wrong-wrong without reasoned dispute or the influence of opposing perspectives. 2d 816, 821 [51 Cal. 573.). 4.) Voters for Responsible Retirement v. Board of Supervisors (1994) 8 Cal. It was local, regional, state, and even federal politics; dollars and delays; finances and finger pointing; the U.S. Navy vs. Caltrans; northern vs. southern alignments; skyway vs. suspension bridge, with a bikeway; conceptual changes during construction; and monumental cost increases caused by such far-flung factors as the upcoming Olympics in China. 180-181; see also California State Employees' Assn. Habtamu has successfully . 4th 407, 414 [9 Cal. 4th 557] highway projects" in Caltrans's workload and is similarly subject to unavoidable delays and unanticipated expansion in scope. Thus, as previously explained (ante, at pp. (Amador Valley Joint Union High Sch. Following trial, on March 26, 1990, the court (Sacramento Superior Court, Eugene T. Gualco, Judge), issued an extensive statement of decision in plaintiffs' favor. (b)), on legislative directions that Caltrans not consider locally funded work in determining staffing needs ( 14130.2, subd. 471 [624 A.2d 229, 231]; Teamsters Local 117 v. King County (1994) 76 Wn. 4th 593] Cal.Rptr.2d 837, 913 P.2d 1046].) It is this fundamental allocation of responsibility that undergirds our [15 Cal. 245. Clickhereto learn more. 817, 621 P.2d 856].) Craft and Maintenance. ), In Caltrans's view, Riley erred in inferring from California Constitution, former article XXIV, the predecessor of article VII, that the state is prohibited from using "independent contractors" except in narrow, exceptional situations. ), This case presents a similar example of permissible legislative experimentation. Applicants should also review theProcess Flowcharts for Scheduling Exams and Applying for Licensure. fn. ), Caltrans acknowledges that although the federal government "actively encourages" private contracting, applicable legislation calls for "policies, procedures, and practices which will provide the Government with property and services of the requisite quality, within the time needed, at the lowest [15 Cal. Rptr. 4th 563] injunction. 3d 390. California PE Laws and Board Rules Examination (Take Home Examination), application filing process for requesting a waiver of the FE exam, Business and Professionals Code section 6755, Title 16, California Code of Regulations section 438(a), Business and Professions Code section 6759, Title 16, California Code of Regulations section 428, Examination Special/Religious Accommodations, Information for Military Personnel and Their Spouses/Domestic Partners. opn. App. h]k0. opn., ante, at pp. 318, 777 P.2d 91] (claim that statute permitted administrative agency to exercise judicial powers); Calfarm Ins. (See County of Los Angeles v. Legg (1936) 5 Cal. 671, 683 P.2d 670, 41 A.L.R.4th 233] [not proper judicial function to reweigh legislative [15 Cal. " fn. He has extensive experience and technical expertise in hydraulic and hydrological modeling, stormwater management, flood mapping and control, watershed modeling, design of hydraulic structures, and river engineering. (Maj. 7, p. 12, italics added. Thus, even though the experimental nature of Chapter 433 may result in individual contract awards which are later demonstrated to lack cost-effectiveness, the Legislature reasonably could have concluded that the act's provisions will-on an overall basis, or in the long term, or both-further the objectives of efficiency and economy in project delivery. [Citation.] [15 Cal. Refugees pursuant to section 1157 of title 8 of the United States Code; Those granted asylum by the Secretary of Homeland Security or the Attorney General of the United States pursuant to section 1158 of title 8 of the United States Code; or. Please note that this does not mean a license or certification must be issued, but simply that the process will be expedited. 4th 585, illustrates, changing conditions and California's growing transportation needs justify a "liberal, practical common-sense construction" (Amador Valley Joint Union High Sch. 9 (Gov. The majority offer no legal justification or policy rationale for abandoning this bedrock principle of law when legislative decisionmaking happens to follow litigation on related subject matter. There is nothing before me to show the Legislature was "clearly and palpably wrong" in its findings and declarations. This total break with precedent is not warranted by Chapter 433. (Ibid.) According to Williams, the civil service mandate is aimed at protecting "the existing civil service structure," and does not compel the state "to fulfill every new state function through its own agency." Of course, under Riley, Caltrans has had and continues to have the opportunity to justify specific private contracts on the basis that they are needed to assure timely project delivery unobtainable through the available state civil service. 4th 549] particular cases. ), (2) Caltrans's use of private consultants to assist in project delivery "is a new state function and does not duplicate the existing functions of the department." I also find troubling the majority's suggestion that legislative action may be validated based only upon data and studies actually considered by the legislative body. at pp. 4th 580] with previous legislative findings regarding the need for additional contracting flexibility to ensure timely and cost-effective project delivery, fn. Even the First Amendment cases relied upon by the majority do not espouse such a view. It is specifically in the context of locally funded highway projects that the Legislature excused Caltrans from the requirement of having to staff at a level to provide services for other agencies. This court stated: "In the present case, the construction of article II, section 10, subdivision (c) of the California Constitution is not disputed. Plaintiffs observe, however, that the trial court found Caltrans created an artificial "need" for private contracting that resulted from its practice of [15 Cal. (Amwest Surety Ins. (Assem. at pp. Evidence (3d ed. 1, 450 P.2d 296] (standard of proof in juvenile delinquency proceedings); State of California v. Ind. It looks like your browser does not have JavaScript enabled. 1989, ch. Proc., 533; accord, Civ. 844. 2d 355, 896 P.2d 1365] (overbreadth and vagueness attacks on hate crimes statute); Voters for Responsible Retirement v. Board of Supervisors (1994) 8 Cal. The trial court used similar factual conclusions elsewhere in its order as well. 239, 583 P.2d 1281].) 4th 596] system over considerations of economic responsibility and economic sensibility. PECG is a volunteer organization assisted by professional negotiators, consultants, attorneys, and Sacramento lobbyists and is not affiliated with any organization or union. " (Professional Engineers, supra, 13 Cal.App.4th at p. 590, quoting Sts. The Professional Engineers in California Government represents 14,000 state-employed engineers and related professionals. The article further provides that "[i]n the civil service permanent appointment and promotion shall be made under a general system based on merit ascertained by competitive examination." 9," and Dennis Alexander, a taxpayer (collectively Professional Engineers), filed a petition for writ of mandate in the San Francisco . ), In the case of article VII, it cannot reasonably be said the meaning of the constitutional provision is clear or that its construction is not disputed. Const., art. (See ibid.) In addition to authorizing increased contracting flexibility until January 1, 1998, Chapter 433 contains an uncodified section which requires Caltrans and the Legislative Analyst to coordinate in the preparation of a [15 Cal. See, e.g., In re M.S. 3d 410, 424-430 [205 Cal. With these findings in mind, the Legislature granted Caltrans additional flexibility until January 1, 1998, to contract with private engineers for projects involving the seismic retrofitting of highway structures in accordance with statutes enacted following the 1989 Loma Prieta Earthquake and for state transportation projects funded by local resources. As the majority opinion stated, " the trial court ignored legislative findings justifying the maintenance of Caltrans's staff at levels that will not necessitate costly short-term hirings and layoffs due to workload fluctuations resulting from the volatility of funding sources." 4th 585] withdraw entirely from the function of constructing or operating tollways; Caltrans maintained responsibility for such functions on other projects not covered by the legislation. View job description, responsibilities and qualifications. PECG has headquarters in Sacramento and maintains satellite offices in San Francisco and Glendale. [3a] We turn then to the question whether Chapter 433 affords an independent basis for overturning the trial court's injunction and enforcement orders. Taking judicial notice of the truth of a judge's factual finding [is] tantamount to taking judicial notice that the judge's factual finding must necessarily have been correct and that the judge is therefore infallible." The retrofit program's length "is comparable to or longer than many of the [15 Cal. As I shall explain below, however, due deference to the legislative process, coupled with straightforward adherence to precedent interpreting the proper reach of the constitutional civil service provision, foreclose such a bizarre result. What Constitutes a Satisfactory Reference? 3d 62, 77 [95 Cal. "At the same time, this doctrine unquestionably places limits upon the actions of each branch with respect to the other branches. Union: Professional Engineers in California Government (PECG) Percentage of Workforce: 4.5%; Number of Positions: 10,107; Profile: Employees represented by Unit 9 are professional engineers who design and oversee the construction and maintenance of roads, bridges, buildings, dams, and other infrastructure projects throughout the state. Accordingly, the court ruled the private contracts invalid. 1018.) Co. v. Deukmejian (1989) 48 Cal. This review is pursuant to Section 19829.5 of the Government Code. The majority have not shown that the Legislature was clearly or palpably wrong in determining that Chapter 433's provisions for additional flexibility in contracting will promote efficiency and economy in state government. Accordingly, as the trial court found in its April 19, 1994, order, Caltrans altered its contract projections for fiscal year 1993-1994 and issued new guidelines revising its earlier plan to minimize its private contracting. ", Only one provision of Chapter 433 appears drafted with a view toward demonstrating compliance with Riley. 4th 547]. According to the Court of Appeal majority, the new section by itself satisfied Caltrans's earlier failure of proof: "In section 14137, the Legislature has found the facts and circumstances justify each of the designated contracts. (In re M.S., supra, 10 Cal.4th at p. The few studies Caltrans does cite appear largely inconclusive regarding the cost-effectiveness of private contracting. ", Former section 14130 et seq. Dist. Los Angeles Section of Professional Engineers in California Government [] Subdivision (5)(a) [sic] is palpably wrong in finding that defendants' use of private consultants to perform project delivery services is a new state function, years after civil service staff began performing the function. 42, 486 P.2d 1242, 45 A.L.R.3d 1206].) Const., art. (1 Witkin, Cal. ', "In Pacific Indemnity Co. v. Indus. App. The trial court also found that Caltrans undertook private contracting as a direct result of "gubernatorial/executive branch policy against the expansion of state government," which required Caltrans to "balance[] and temper[]" its requests for funding for additional staff by contracting with private entities, without regard to whether qualified persons were actually available for civil service employment or whether Caltrans could assimilate and train them in a timely manner. (Department of Transportation v. Chavez, supra, 7 Cal.App.4th at p. In Salazar, the trial court's injunction was based on "assumptions about the law" that changed when this court filed a new decision. (Gov. That subdivision provides: "(d) In furtherance of the Legislature's intent to encourage contracting out by the department, the department shall not be required to utilize state employees to perform all engineering and related services to the maximum extent required to meet the goals of this article. Please enable scripts and reload this page. Such a determination is endorsed by the majority opinion; however, I conclude that application or consideration of the trial court's findings is inappropriate under long-standing and well-regarded case law which the majority opinion fails to acknowledge and has not distinguished by applicable precedent. First, uncodified section 1 of Chapter 433 recites the Legislature's intent: (1) to allow Caltrans "continued flexibility" to contract privately as needed to assure timely delivery of its projects; and (2) to afford "a new and independent basis upon which to justify contracting out actions.". 3d 161, 175 [167 Cal. as amended June 24, 1993; Sen. Appropriations Com., Fiscal Summary of Sen. Bill. (Accord, Lundberg v. County of Alameda (1956) 46 Cal. Myers; Caltrans Director Will Kempton and his Caltrans engineers; the Arizona steel fabricator whose company built the steel girders; the firefighter who responded to the accident; and the reporters who covered the story. of Transp. Associate Justice of the Court of Appeal, Fourth Appellate District, Division One, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. at p. Section 14130.2 also provides that Caltrans "may balance the need for outside contracting for these services on a program basis, rather than on an individual contract basis." You can explore additional available newsletters here. "[W]herever possible, [this court] will interpret a statute as consistent with applicable constitutional provisions, seeking to harmonize Constitution and statute. & Hy. Code Regs., tit. ( 14130, subd. In the dissent's view, each statutory change conflicts with the earlier findings and conclusions in the trial court's injunction and orders. Emp. We are proud of our unprecedented record of delivering for our members. 2d 818, 828 [142 P.2d 297]), a reasonable construction is that Caltrans is not required to hire all the new staff it can use, but can contract out if economically advantageous. The results of this online survey will be used to update the content of the PE exam which is used throughout the United States. Job in Los Angeles - Los Angeles County - CA California - USA , 90079. If the Legislature predicated Chapter 433 on such a finding how could it fail to assert this among the plethora of cryptic, illogical, and untenable express findings and declarations? (Williams, supra, 7 Cal.App.3d at p. 397, italics added.) & Hy. former 401(2), italics added; see Diebold v. U.S. (6th Cir. State Workforce - Bargaining Unit Profiles - California 1 In other words, the Legislature concluded it is more efficient and less expensive not to expand state government when certain types of road and bridge engineering services can be performed by private consultants. (See, e.g., Amwest Surety Ins. 1209 (1993-1994 Reg. (Fns. (1932) 215 Cal. J Y2UETU2+]g0Zb. Rptr. 786, 520 P.2d 10].) 846-847.) App. Website. Sess.) 4th 578] legal analysis. ), Thus, when read it context, it is clear that Turner does nothing to undermine the general rule of deference afforded to a legislative body's factual findings. But until such a study is performed, we have no basis for concluding that Chapter 433's legislative findings have undermined the injunction. It is settled that "constitutional and other enactments must receive a liberal, practical common-sense construction which will meet changed conditions and the growing needs of the people." 3, AFL-CIO, Francisco J. Gonzalez v. City of Beverly Hills, Long Beach Supervisors Employees Association v. City of Long Beach, Service Employees International Union Local 521 v. County of Madera, Yuba City Teachers Association v. Yuba City Unified School District, Service Employees International Union Local 1021 v. County of Contra Costa, Professional Engineers in California Government v. State of California (Office of Statewide Health and Planning Development), Salena Ann Gonzales v. California School Employees Association, Carpinteria Association of United School Employees, Local 2216 v. Carpinteria Unified School District, Service Employees International Union Local 1021 v. Sacramento City Unified School District, Bellflower Teachers Association, CTA/NEA v. Bellflower Unified School District, Randi Winter v. El Camino Community College District, Sacramento City Unified School District v. Sacramento City Teachers Association, Santa Clara County District Attorney Investigators Association v. County of Santa Clara, Teamsters Local 853 v. City & County of San Francisco (Public Works), Alex Hernandez v. State of California (Employment Development Department), California School Employees Association, Chapter 32 v. Bellflower Unified School District, Bellflower Teachers Association v. Bellflower Unified School District, California School Employees Association Chapter 83 v. Visalia Unified School District, American Federation of State, County & Municipal Employees Council 36 v. Long Beach Public Transportation Company. California should embrace telework for state employees In 2003, PECG negotiated a landmark Memorandum of Understanding (MOU)[4] to achieve pay parity, a long sought goal.
professional engineers in california government