• Posted on Wednesday, August 31, 2011
  • Bookmark and Share
  • email
  • |
  • print
  • |
  • rss

tool name

close
tool goes here

Schwarzenegger had right to furlough workers, appeals court rules

email this story print this story jump to comments

The two-day-a-month unpaid furloughs of state executive branch workers ordered in 2008 by then-Gov. Arnold Schwarzenegger legally applied to employees of California's elected constitutional officers, an appellate court in Sacramento ruled Tuesday.

Applying the furlough order to the staffs of constitutional officers "does not violate the California Constitution's system of divided executive authority or impermissibly interfere with (the officers') statutory right to control the staffing and management of their respective offices," a three-justice panel of the 3rd District Court of Appeal declared in a 47-page opinion.

Schwarzenegger resorted to furloughs as a cost-saving device in the face of an overwhelming budget deficit.

State Controller John Chiang refused to apply the furlough order to about 16,000 workers in government branches headed by officials elected by statewide vote.

The controller, lieutenant governor, secretary of state, treasurer, attorney general, superintendent of public instruction and members of the Board of Equalization appealed a 2009 mandate by Sacramento Superior Court Judge Patrick Marlette that Chiang comply with the governor's order.

Tuesday's opinion will not have an immediate impact on the workers, who were never furloughed, according to Department of Personnel Administration spokeswoman Lynelle Jolley.

"This just clarifies their status," she said .

The California Supreme Court last year held that Schwarzenegger's action was valid because it was ratified by the Legislature. But the high court left open the question of whether its decision extended to employees of elected constitutional officers.

To read the complete article, visit www.sacbee.com.

  • Bookmark and Share
  • email
  • |
  • print
  • |
  • rss

tool name

close
tool goes here
JOIN THE DISCUSSION

We welcome comments. To post one, you must sign in using either your McClatchyDC login or your login for Facebook, Twitter or Disqus. Just click the appropriate box below.

Please keep your comment civil, short and to the point. Obscene, profane, abusive and off topic comments will be deleted. Repeat offenders will be blocked. If you find a comment abusive or inappropriate, please flag it for the moderator by placing your cursor on the comment, then clicking the "flag" link that appears. Thanks for your participation.

Stay Connected

Sign up for email newsletters RSS
Follow us on your iPhone Follow us on your Android device
Follow us on Facebook Follow us on Twitter Follow us using Google Currents

POLITICS & GOVERNMENT BLOG

Planet Washington

"Planet Washington" is a group blog by journalists in McClatchy's Washington Bureau. Send a story suggestion.