The majority opinion has the strong potential to hamstring the Legislature every time its proposed legislation touches upon a "constitutional mandate. While it theoretically would be possible for the trial court to take judicial notice pursuant to Evidence Code section 452, subdivisions (g) and (h), I have examined the trial court's statement of decision and can find no facts of consequence that would fall within either of these provisions. Evidence Code section 452, subdivision (d) permits judicial notice to be taken of records of "any court of this state.". In order to receive the expedited licensure process, individuals must provide documentation of their refugee, asylee, or special immigrant visa status when submitting their application package. 109.). (La.Ct.App. (Maj. (pBOO$< O$<9x,IB%DQATDQAT8)xixJjX,VZ \0u+l0{m.o}ek\=o!mJnmg>MkS\M;{{w~;;wbKW+k` JB 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.". Consistent with the view that Chapter 433 is provisional in nature, the Legislature declared that engineering services necessary for seismic safety retrofitting "shall be considered a short-term workload demand." Com. App. ), "[N]either a finding of fact made after a contested adversary hearing nor a finding of fact made after any other type of hearing can be indisputably deemed to have been a correct finding [;] '[u]nder the doctrine of judicial notice, certain matters are assumed to be indisputably true, and the introduction of evidence to prove them will not be required.' par. (See CSEA, supra, 199 Cal.App.3d at p. 232] (CSEA) [rejecting facial [15 Cal. 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. 573.). (Amwest, supra, at pp. Leaders elected by PECG's 13,000 members establish PECG's policies. (Assem. Caltrans correctly observes that the private contracting restriction and its exceptions do not appear in the bare language of article VII but derive from judicial interpretation regarding the logical implications of the constitutional provisions. (Art. ), 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. (a)(4), operative until Jan. 1, 1998.) at pp. Caltrans, relying on the new provisions, asked the court to dissolve the injunction. Unit 9 (Professional Engineers) MOU Analysis Format: HTML; August 25, 2022 - We reviewed the proposed memorandum of understanding for Bargaining Unit 9 (Professional Engineers). In the dissent's view, each statutory change conflicts with the earlier findings and conclusions in the trial court's injunction and orders. Companies (1988) 46 Cal. endstream endobj 376 0 obj <>stream But Caltrans fails to offer any alternatives short of simply abrogating the private contracting restriction in its entirety. (CSEA, supra, 199 Cal.App.3d at pp. 1566.) Responding to the trial court's injunction and orders, Caltrans took some steps to minimize and phase out private contracting during fiscal year 1993-1994. omitted, italics added.). Emp. 548-550.) 4th 600] cannot be said of a statute which merely adopts one of two reasonable and possible constructions of the constitution. It was [15 Cal. Significantly, the same legislative report frankly acknowledged that, because the proposed legislation purported to expand by statute the authority for private contracting, "questions" had been raised regarding its constitutionality, and it was "unclear" what effect, if any, the proposed legislation would have on this contracting. Professional Engineers in California Government - Los Angeles Section. 363, 364 ["The inclusion of independent contractors is of vital importance as it cuts off a wide area of possible subversion of the civil service system."].). ", Additionally, nothing in the record supports Caltrans's assertions that restrictions on private contracting cause additional expense or safety risks. Board for Professional Engineers, Land Surveyors, and Geologists, Civil Engineering Examinations Reference List. Thus, contrary to the majority, I conclude that the trial court's prior findings of fact should not and cannot properly be utilized to invalidate the legislation in Chapter 433 as unconstitutional. App. 288 [367 N.W.2d 850, 852]; University of Nevada v. State Employees Ass'n, Inc. (1974) 90 Nev. 105 [520 P.2d 602, 604-607]; Nassau Educ. (Fn. 1018.) 134.). Executive Order S-15-10 was issued . (Gov. Comity applicants may submit NCEES Records (formerly known as NCEES Council Records) in lieu of Work Experience Engagements/References and transcripts, but NCEES Records are not required. (CSEA, supra, 199 Cal.App.3d at p. Dist. omitted. First, Caltrans failed to justify these contracts by making a factual showing based on the criteria in former section 14130 et seq., as the injunction required. [Citation.]" General Information: 4th 595] 25 Cal.2d at pp. 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." 593-594, italics added. Even when applying "careful scrutiny," however, this court stated: "At the same time, we are mindful that it is our duty to uphold a statute unless its unconstitutionality clearly, positively, and unmistakably appears; all presumptions and intendments favor its validity. Citizenship nor California residency is required for licensure; however, disclosure of your Social Security Number or Individual Taxpayer Identification Number is mandatory. We cannot accept Caltrans's legal conclusion that an 'enriched' blend of private contracting to meet responsibilities historically discharged by Caltrans employees creates a 'new state function' within the meaning of that test as explicated in Williams, supra, 7 Cal. Although Caltrans asserts that many other states allow private contracting, our review of the sister state decisions indicates that, like California, most of these states have substantial restrictions and "efficiency and economy" requirements to protect their civil service systems from deterioration through private contracting. [Citation.] The majority determine that Chapter 433 does not contain findings that would excuse noncompliance with the civil service mandate or afford a legitimate basis for disregarding the constitutional restriction on private contracting. v. State Bd. As the Court of Appeal majority correctly observes, "Notwithstanding the Legislature's finding to the contrary, Caltrans's own description of the activities authorized by Chapter 433 discloses they do not constitute a new state function but simply a new technique for performing an existing function. [15 Cal. This significant increase in project delivery capability must continue in order for the department to meet its commitments for timely project delivery." Although the Court of Appeal majority concluded that Chapter 433 alone justified dissolution of the 1990 injunction, we disagree, believing the principles announced in prior case law require a contrary holding. (b)), on legislative directions that Caltrans not consider locally funded work in determining staffing needs ( 14130.2, subd. In like manner, section 14130.1, which deems engineering services for the seismic safety retrofit program a "short-term workload demand," is aimed, according to the Court of Appeal majority, at relieving Caltrans from its obligation to have its civil service staff perform this work. At oral argument, plaintiffs conceded the trial court found Chapter 433 unconstitutional on its face. Indeed, one study plaintiffs submitted to the trial court indicated that the cost of private contracting was substantially greater than the cost of using civil service staff. In addition, new test plans for the Civil Engineering Surveying and Civil Seismic Principles exams will be implemented on January 1, 2024. 3d 305, 309-310 [216 Cal. fn. endstream endobj 377 0 obj <>stream v. State of California (1988) 199 Cal. [Citation.] fn. at pp. omitted, italics added. (b); Legis. (Ch. Rptr. 514. FN 1. omitted. Applicants should also review theProcess Flowcharts for Scheduling Exams and Applying for Licensure. And as indicated previously, it is contemplated that these statutory provisions are to remain in effect only until January 1, 1998. fn. You may be trying to access this site from a secured browser on the server. 1209, Stats. Review all applicable laws and regulations to confirm that you meet the qualifying experience requirements before you submit an application to the Board. as amended June 24, 1993). 9," and Dennis Alexander, a taxpayer (collectively Professional Engineers), filed a petition for writ of mandate in the San Francisco . 239, 583 P.2d 1281].) In the case that the NCEES Record does not provide the information the Board needs to determine if an applicant meets the requirements for licensure in California, the applicant will be asked to provide additional information. 4th 605] question whether such necessity exists is one of fact to be determined by the Legislature." at p. (a)(4). Thus, merely characterizing work as "short-term" does not justify using private contractors to perform it. California Federation of Interpreters, Communication Workers of America, AFL-CIO v. Region 4 Court Interpreter Employment Relations Committee, et al. (CSEA, supra, 199 Cal.App.3d at pp. 179. fn. 107, 1, subd. The content on this webpage reflects the information available to our office at the time it was published. The 2022 California Building Code will be implemented on the 2024 Civil Seismic Principles Exam. omitted. [Citations.]' 7 (Ch. as amended June 24, 1993; Assem. CSEA opined that the voters who enacted the constitutional civil service provision did not intend to impose a system devoid of all considerations of fiscal responsibility and economy in favor of "an infinitely expanding public payroll," and agreed that "[t]he goal of maintaining the civil service must be balanced with the goal of a fiscally responsible state government." 552, 537 P.2d 384]; Miller v. Municipal Court, supra, 22 Cal.2d at p. 828; see San Francisco Taxpayers Assn. PECG is committed to your success. Professional Engineer applicants who are applying for a waiver of the Fundamentals of Engineering (FE) exam [also known as an Engineering-in-Training (EIT) waiver] need to submit acomplete application. (1989) 49 Cal. Sess.) 3d 797, 812 [183 Cal. In September 1993, after the Legislature passed Chapter 433 amending and adding to section 14130 et seq., Caltrans took the position that these changes undermined the trial court's injunction and related orders and justified their dissolution. 1209 (1993-1994 Reg. 8 (Gov. In so doing, the majority overstep the clearly marked boundaries delimiting the judicial function and radically alter the balance of power between the coordinate branches of government. ), Caltrans asserts supposed policy reasons why we should overrule or disapprove 60 years of settled case law: "As a result [of the existing case law], Californians have had to forego promising new techniques for providing services, ranging from contracting with private contractors to outright [15 Cal. Board staff is diligently working to process all applications as expeditiously as possible. For items not listed here, please contact CalHR Labor Relations. (Colo. 1991) 809 P.2d 988, 992-998; Jack A. Parker & Assoc., Inc. v. State, etc. In any event, Caltrans fails to indicate whether these studies were [15 Cal. (1978) 90 Wn.2d 698 [585 P.2d 474, 475]; see also Kaplan, The Law of Civil Service (1958) pp. (See maj. of Sacramento v. Saylor, supra, 5 Cal.3d at page 692, this court held that a "settled principle" is the "strong presumption in favor of the Legislature's interpretation of a provision of the Constitution." Fed., etc. The restriction does not arise from the express language of article VII. The Professional Engineers in California Government, which represents about 11,000 state engineers, recently contributed $250,000 to the main campaign committee supporting Newsom. PECG represents members with grievances, arbitrations, and a variety of other claims and appeals. Address: 2535 Capitol Oaks Drive, Suite 300. 1063] (applicability of statutory salary increase to incumbent); Collins v. Riley, supra, 24 Cal.2d at page 915 (whether statute reimbursing "traveling expenses" impermissibly increased mileage allotment); County of Los Angeles v. Riley (1936) 6 Cal. In the majority's view, "The burden is not on Caltrans to prove the facts support the legislative determination but on plaintiffs, i.e. App. Judges may not substitute their judgment for that of the Legislature if there is any reasonable justification for the latter's action. Thus, as previously explained (ante, at pp. All applicants are required to supply the Board with a full set of fingerprints upon submittal of an application for licensure/certification. 116, 758 P.2d 58].) Additional Information for Comity Applicants: You're all set! In the absence of any substantial evidence supporting this legislative intent to accommodate Caltrans in circumventing the court's injunction, we must deem this purpose, however clearly expressed, insufficient to satisfy the constitutional mandate.