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 ...
Mark my words .. the day is fast approaching where some freakin’ judge will decree .. “out of money??? I rule the state shall raise all taxes by 20%” ...
apologies if I gave any jurist this bright idea ..
- zig
Watch More Survivor
What statewide office did this guy run for?
How can an Oakland Judge tell the Governor what to do? Judges have a great racket going... just wait for the Governor to make a decision, and then rule it unconstitutional and substitute your own preferred decision in its place.
Who needs to run for Governor anymore?
-PJ
This is what it's really about.
It's about the SEIU exerting its power, since it has a friend in the White House.
-PJ
Looks like CA is going to have 20% unemployment when all the SEIU employees get their pink slips. Cry me a river.
They should all be thankful that they still have jobs.
>> The reasonable alternative is to lay off everyone with an even state employee ID number.
A better alternative is to layoff everyone with a state employee ID number ending with the digits 1,2,3,4,5,6,7,8,9, and 0.
Why doesn’t Arnold issue an executive order that orders the Supreme Court Judge to pay the salaries of those that were to be furloughed?
A judge has ruled that the way Gov. Arnold Schwarzenegger has furloughed thousands of California correctional officers violates labor and wage laws.
Same judge..
http://www.sacbee.com/budget/story/2405447.html
Just out of curiosity, suppose Arnold grew a pair and laid off thousands of workers. How is unemployment funded in CA? If it is a state controlled fund built by employers’ payments? If so, has it been raided and emptied like so many other states?
Already happened in St. Louis. Some judge ordered property taxes to be raised to pay for busing students. Although there was a fuss, the county raised the taxes and the proles paid them.
Unemployment in California is paid by the employer. So it is funded by all employers in the state. We have about 15% unemployment here. When the unemployment check comes it is drawn off that fund. Thankfully, 85% are still working and their employers are still contributing.
The downside is that when the fund is low the rate of unemployment to the employer is raised. Even if you have no claims it doesn’t matter it goes up across the state. Essentially punishment for those hanging in there when the state has massive lay offs—which is now what will happen.
Then Justice Frank Roesch ought to pony up the money because I don’t want to give them any more.
Federal bailout....because California is too big to fail! lol
Let them spend it all and go bankrupt returning us to 1850 std of living and laws.
Thanks for the reply. Seems like the increase for all employers, even those not receiving benefits, might be another incentive for businesses to leave.
Goin’ Galt.
shorten the week one day.
Sounds good on paper, but in practice, the highest paid, least productive "management" would be left, and any actual productive workers would be first to go. It's The Government Way
Even less would get done, at greater expense.
Think along the lines of a state hospital:
Nurses aides & housekeepers fired; floor nurses reduced 50%; nurse managers, Asst Directors of Nursing, etc retained and given overtime to fill the gaps; and a few dozen overflowing bedpans need emptying, the patients cleaned, and their beds changed....
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