of Sacramento v. Saylor (1971) 5 Cal. The restriction does not arise from the express language of article VII. 2d 863, 868 [31 Cal. Thus, merely characterizing work as "short-term" does not justify using private contractors to perform it. The Department of Transportation (Caltrans) argues that the Legislature has complied with the Constitution and that the Legislature's factual findings supporting Chapter 433 justify private contracting. Legislative findings based on evidence elicited at committee hearings or derived from extensive factual studies logically would be entitled to more weight than findings included in legislation solely to accommodate a litigant's request for relief. 4th 568] Caltrans' bare claim that the use of contracts 'results in faster and less expensive service delivery.' opn., ante, at pp. 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." The single critical commentary Caltrans cited was directed toward a State of Washington decision, Wash. As we recognized back then, the party challenging the legislation bears a "heavy burden" in demonstrating that its provisions "inevitably pose a present total and fatal conflict with applicable constitutional prohibitions." ), "[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.' Rptr. 1209, Stats. This . (5).). 3d 410, 424-430 [205 Cal. Consistent [15 Cal. In Patitucci, this court noted that the constitutional provision was not completely unambiguous; reasonable minds could differ as to whether a particular mixed income development constituted a low-rent housing project. www.pecg.org. 4th 564] assure that the state civil service is not neglected, diminished, or destroyed through routine appointments to "independent contractors" made solely on the basis of political considerations or cronyism. (Id. In this regard, the burden here is not on Caltrans to validate Chapter 433, but on plaintiffs to invalidate that legislation. (Id. " (Professional Engineers, supra, 13 Cal.App.4th at p. 590, quoting Sts. In effect, the Legislature has relieved Caltrans of the burden of presenting evidence to justify the individual contracts. 2d 245, 828 P.2d 147].) To accomplish this, PECG supports and sponsors programs that promote Science, Technology, Engineering and Mathematics (STEM). There, the initiative measure known as Proposition 103 provided that it could not be amended by the Legislature except to further the purposes of that act. The question before us here is whether these provisions are consistent with article VII. Professional Engineers in California Government was formed in 1962 for the sole purpose of representing state-employed engineers and related professionals responsible for designing and inspecting Californias infrastructure, improving air quality, and developing clean energy and green technology. (Riley, supra, 9 Cal.2d at p. 135; accord, Burum v. State Compensation Ins. (Legis. Code, 143, subd. ), The ballot argument to the voters at the time California Constitution, former article XXIV was adopted in 1934 stressed the purpose of the civil service provision was " 'to promote efficiency and economy' " in state government by " 'prohibit[ing] appointments and promotion in the service except on the basis of merit, efficiency, and fitness ascertained by competitive examination.' " (Riley, supra, 9 Cal.2d at p. 463, 382 P.2d 583]; Delaney v. Lowery, supra, [15 Cal. "[W]herever possible, [this court] will interpret a statute as consistent with applicable constitutional provisions, seeking to harmonize Constitution and statute. [2] Caltrans first urges us to reconsider and overrule or disapprove the "archaic" Riley decision and the subsequent decisions of this court and the Court of Appeal that have applied, extended, or confined its rule in various contexts. (See Department of Transportation v. Chavez (1992) 7 Cal. As this court cogently stated more than 90 years ago, "In determining the constitutionality of an act of the legislature, courts always presume in the first place that the act is constitutional. Co. (1986) 41 Cal. Rptr. First of all, Chapter 433's provisions are explicitly limited both in their application and in their duration. Transit Authority v. Public Util. 4.) I further conclude that Chapter 433 does not violate article VII of the California Constitution (article VII) and is constitutional on its face. 2d 644, 652 .) Again, in Delaney v. Lowery (1944) 25 Cal. App. Such interrelationship, of course, lies at the heart of the constitutional theory of 'checks and balances' that the separation of powers doctrine is intended to serve. 419.) We therefore limit our present discussion to the effect of Chapter 433 on the trial court's injunction and subsequent enforcement orders. 603-605. 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. 1503] (Riley).) As the Court of Appeal dissent indicates, this provision seems to contemplate Caltrans's use of private contracting even if it is able to use new civil service employees productively. Moreover, as Professional Engineers, supra, 13 Cal. (See California State Employees' Assn. 180. Next, the Court of Appeal majority considered and accepted Caltrans's alternate argument that, by reason of Chapter 433, although Caltrans's private contracting at issue here involves services that state civil service employees have traditionally done, nonetheless, it will result in greater efficiency and economy without compromising the integrity of the civil service. (Colo. 1991) 809 P.2d 988, 992-998; Jack A. Parker & Assoc., Inc. v. State, etc. fn. (Italics added. 4th 548] outline the general constitutional and statutory principles before discussing their application to the facts of this case. The Court of Appeal majority recognized that the foregoing conclusion is "illogic[al]," in that it states the tautology that private contracting is necessary to avoid private contracting. The majority, however, offer no justification or analysis. ", Former section 14130 et seq. 134.). (a)(4)), and defendants use private consultants interchangeably with civil service staff to provide project design and development, construction inspection, locally funded, seismic retrofitting, and other project delivery services. [N]o new methods of managing, financing, or otherwise performing project delivery work distinguish the work performed by private consultants from that historically and presently performed by civil service staff. Riley rejected the argument that the services independent contractors perform are beyond the civil service mandate's reach, stating that "[a]ny other construction of the constitutional provision would have the effect of weakening, if not destroying, the purpose and effect of the [civil service] provision." We negotiate the their labor contract covering pay and benefits including health insurance, retirement, paid leave and working conditions. 1, 450 P.2d 296] (standard of proof in juvenile delinquency proceedings); State of California v. Ind. 2d 288, 298 [73 P.2d 1221], italics added.) " (Spiritual Psychic Science Church v. City of Azusa, supra, 39 Cal.3d at p. 514, italics added, and cases cited therein.) 4th 607] tripartite system. Co. v. Deukmejian, supra, 48 Cal.3d at page 822, footnote 15 (attack on facial validity of initiative measure); Metromedia, Inc. v. City of San Diego (1982) 32 Cal. 3d 639, 652 [122 Cal. Rptr. Rptr. Under these circumstances, the legislative judgment may not be set aside. fn. ` 3evNID#DA@$_%Lx~X/s#&h aM The result is Chapter 433." Dear Sir/ Madam,<br>I am writing this letter to apply for the position of Civil Site Engineer in your company. Please turn on JavaScript and try again. 411.) Moreover, the contracting authorized by Chapter 433 will not encourage a return to the spoils system of political patronage. as amended June 24, 1993.) 1984) 454 So. 464-465), I conclude the statutory scheme and its call for a cost-effectiveness study are rationally related to the goal of achieving the most economical mix of public and private service for the timely delivery of state transportation projects. Rptr. [Citations.]" 74].) 305] (Williams).). 1256.). As previously explained, the Legislature's factual determinations may be set aside or disregarded by the courts only if the fact of error " 'appears beyond reasonable doubt from facts or evidence which cannot be controverted, and of which the courts may properly take notice.' 6 [43 Cal. 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. 4th 8, 14, fn. Would a court passing upon the constitutionality of legislation be permitted to take evidence supporting or opposing the law, as the trial court in effect did here? George, C. J., Mosk, J., Kennard, J., and Benke, J., fn. Rptr. The doctrine of separation of powers is a precept which is central to our constitutional form of government. (See People v. Globe Grain & Mill Co. (1930) 211 Cal. As will appear, we conclude that no proper ground exists for overruling the private contracting restriction of prior case law, that the provisions of Chapter 433 on which Caltrans relies conflict with the constitutional principles of this case law, and that, accordingly, the trial court did not abuse its discretion in declining to modify or dissolve its earlier injunction. [Citations.] of Kennedy, J.). Myers as the contractor. (Italics added. Sess.) Caltrans suggests that the "nature of the services," and "new state function" tests are difficult to apply and can lead to anomalous results. (Gov. PECG members mentor students, help organize science fairs, and serve as judges with the tough job of deciding the best projects each year. The legislative history [15 Cal. Section President 2nd Term at PROFESSIONAL ENGINEERS IN CALIFORNIA GOVERNMENT David Tanouye, P.G. In my opinion, the majority's independent-judgment-of-the-facts approach shows a stunning lack of respect not only for controlling case law, but especially for legislative prerogative and the separation of powers. 2015-12-21, 10:17 AM - Flash Flood in the Northern California, Sacramento and Placer Counties until 12:15 PM. is binding on the courts in the sense that the courts cannot then go behind those findings to find factual error or lack of what might be termed evidentiary support. VII, 1 (article VII)) and its implied mandate limiting the state's authority to contract with private entities to perform services the state has historically or customarily performed. PECG is committed to your success. 7, p. 12, italics added. I would affirm the decision of the Court of Appeal reversing the trial court. "Under 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." v. State of California (1988) 199 Cal. 10. 2d 67, 74 .)" (Methodist Hosp. Here, by contrast, Chapter 433 constitutes an interpretation of a constitutional provision, the construction and limits of which are disputed. Code, 14130, subd. Agricultural, Chemical, Control Systems, Electrical, Fire Protection, Industrial, Mechanical, Metallurgical, Nuclear, and Petroleum Engineer Applicants [15 Cal. Eligibility and Experience Requirements: Although some studies, such as the one considered by the trial court below, estimated the average total cost of contracting out as being higher than using Caltrans staff (Sen. Appropriations Com., Fiscal Summary of Sen. Bill. See the complete profile on LinkedIn and discover Christopher R.'s connections and jobs at similar companies. 593-595, and fn. ), That the Legislature intends to encourage contracting out indicates a finding by that body that contracting out is frequently less expensive than hiring new employees, especially when the costs of short-term hiring and layoffs are taken into account. In sum, article VII would not be undermined by the operation of Chapter 433. Caltrans claimed this staff reduction was needed to avoid a budget shortfall, but it was really attributable to Caltrans's preference for private contracting. Moreover, an Assembly Transportation Committee report submitted to the Legislature before it adopted Chapter 433 acknowledged that questions existed concerning the constitutionality of the legislation. & Hy. Const., former art. By 2008, PECG-represented employees received pay raises to bring their salaries in line with their counterparts in California's large local public agencies. They also presume that the legislature acted with integrity, and with an honest [15 Cal. Bargaining Unit 9 is represented by Professional Engineers in California Government (PECG). 568.). PROFESSIONAL ENGINEERS IN CALIFORNIA GOVERNMENT et al., Plaintiffs and Respondents, v. DEPARTMENT OF TRANSPORTATION et al., Defendants and Appellants. 568-569; Collins v. Riley (1944) 24 Cal. James has 3 jobs listed on their profile. (The provisions Chapter 433 added are effective only until January 1, 1998, unless extended.) 3d 188, 200-201 [182 Cal. Application and Examination Information page. I find particularly disturbing the majority's conclusion that the constitutional validity of legislative enactments and amendments depends upon whether the Legislature is able to empirically disprove contrary trial court findings of fact. [Citation. "[P]etitioners cannot prevail by suggesting that in some future hypothetical situation constitutional problems may possibly arise as to the particular application of the statute. Rather, petitioners must demonstrate that the act's provisions inevitably pose a present total and fatal conflict with applicable constitutional prohibitions." Those provisions, respectively, permit judicial notice to be taken of "[f]acts and propositions that are of such common knowledge within the territorial jurisdiction of the court that they cannot reasonably be the subject of dispute" and "[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy." 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." As we have seen, applicable case law allows the state to contract privately if the civil service is unable to perform the work "adequately and competently." Your application will not be processed without it. This broad and flexible exception clearly includes the expense and safety considerations Caltrans cites. 4 [15 Cal. However, the constitutionality of a statute cannot turn on "the vagaries of litigation tactics." 397-400 [permitting state to hire private insurance carriers to administer state Medi-Cal program].) 4th 595] 25 Cal.2d at pp. I do so not because I agree with the possible consequences of these cases, but because it is not necessary to overturn established precedent in order to uphold the legislation at issue here. Amazing tells the story of the Maze reconstruction from the perspectives of all the main players in the drama: the now legendary contractor C.C. of Education (1955) 134 Cal. FN 10. Caltrans identified substantial amounts of seismic retrofitting work and reimbursed work for local agencies as eligible for private contracting in fiscal year 1993-1994. January 12, 2022 Ted . 1018.) Rptr. omitted. (Maj. In addressing this issue, we simply examined the provisions of the statute and determined that they were not of the type forbidden in urgency legislation. Includes links to laws and rules regulating the two professions. 4th 598] (1943) 22 Cal. 2d 599] (Professional Engineers).) FN 2. 1018.)" [Citations.]" (Italics added.). (Italics added. There is nothing in the record to refute the implicit legislative finding that sufficient additional staff could not be obtained on a cost-effective basis."