Posted on 12/31/2009 4:30:55 PM PST by Steelfish
Judge Calls Schwarzenegger's Furlough Order Illegal
BAndrew McIntosh
Dec. 31, 2009 An Alameda Superior Court judge has ordered the Schwarzenegger administration to cease and desist its practice of furloughing thousands of state workers who are members of the Service Employees International Union, Local 1000, offering the powerful union a huge victory as it enters 2010.
In a ruling handed down late Thursday, Justice Frank Roesch said the governor's reliance on provisions of the state's Emergency Services Act to order mandatory furloughs was flawed and illegal, saying "the emergency necessitating them was the failure of the Legislature to pass the budgets" yet the administration continued the furloughs even after the budgets were passed.
Roesch also said that the furlough plan has "interfered with the objectives of agencies" whose activities were funded with special funds, not general fund revenues, including the processing of Social Security disability reviews.
The governor's controversial executive order used his emergency powers to impose twice-monthly furloughs on more than 200,000 state workers in February when the general fund was sloshing in $40 billion of red ink. He added a third "Furlough Friday" in July to cover a portion of what was then a $24 billion budget hole.
(Excerpt) Read more at sacbee.com ...
California needs to declare bankruptcy.
California needs to sever all those union ties and wipe out books and contracts. A fresh start from the bottom up is in order.
ML/NJ
I guess he has to fire them. If he can’t furlough them when they can’t pay them, it would seem the only alternative.
Time for massive layoffs then.
Why do that, the Fed can just print 40 billion and “inject liquidity” to save the state parasite in the progressive capital of the US.
Defund the judge. Send him home for a year.
Good, Fire them....well, Fire enough so California can afford who is left.
They Should Govern within the people’s Budget, not in excess of the Tax Collections.....There is no Free Ride.
Corporations Layoff.....California HAS TO LAYOFF....Or else.
They need to reign in an out-of-control judiciary too.
That’s what needed to be done in the first place. He can start with the 45,000 that have been hired during the financial crisis.
California needs to run out of money, default on state issued bonds and completely lose any bond rating, go through countless civil suits for debt and be liquidated selling off every state asset to satisfy the debt.
This would include selling the University system and all publicly held real estate with perhaps the exception of the historic government buildings and crucial institutions such as the legislature, governor's mansion and supreme court building. Then with a proper reboot, after the ghetto welfare riots, they might be able to elect a proper citizen legislature and stick to the basics.
This may work out well. No furloughs? OK! LAYOFFS!!
Our small County instituted layoffs. Those with the least senority go first. Those with greater seniority have “bumping rights” over those with lesser seniority. That is how it is done. The guys at the bottom file for unemployment. You can’t pay people with money you don’t have.
The Service Employees International Union is doing what it can to bankrupt the California and other states. The unions and their allies in the dimoKKKRAT party are ruining this country.
When did Ahhhnold ever promise them jobs in perpetuity? I’m cornfused.
California is sitting on some mighty valuable land, problem is doesn’t the Fedguv own most of it?
Ok, just fire them.
Isn't he exerting power outside his jurisdiction?
Yup, I agree. At least one state needs to experience a catastrophic collapse to wake the nation up. And since Californian’s pride themselves on being the trailblazers, why not them? Only when the system of entitlements collapses upon itself can you even being to build something that makes sense. It has to be bad enough that even the hardcore liberals get the message.
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