professional engineers in california government professional engineers in california government

2 (E.g., Spiritual Psychic Science Church v. City of Azusa (1985) 39 Cal. 851-853). "); People v. Globe Grain & Mill Co., supra, 211 Cal. [Citation.]" Rptr. 1253-1254, italics added; accord, Stockburger v. Jordan (1938) 10 Cal. At oral argument, plaintiffs conceded that the appropriate standard of review for legislative findings was expressed in Lockard v. City of Los Angeles (1949) 33 Cal. 1209 (1993-1994 Reg. of Equalization (1978) 22 Cal. (Fn. Rptr. 98-99; Becker, With Whose Hands: Privatization, Public Employment, and Democracy (1988) 6 Yale L. & Pol'y Rev. Habtamu has successfully . III. (Elliott, supra, 17 Cal.3d at p. He is a Certified Quantity Surveyor (MAIQS-CQS) and Prince 2 Project Manager. In 2003, 2010, 2012, and 2020 PLP was reinitiated to assist in achieving budget savings to improve the state's ability to meet its financial obligations. (Id. 135.) " (Amwest, supra, at p. 1252, quoting Elliott, supra, at p. That is, the majority apparently view Chapter 433 as applying to engineering services for project development on a broad, unlimited basis. The majority have not shown that the Legislature was clearly or palpably wrong in determining that Chapter 433's provisions for additional flexibility in contracting will promote efficiency and economy in state government. at p. 2102]; Gregg v. Georgia, supra, 428 U.S. at pp. 3d 171, 175 [148 Cal. 2d 888, 824 P.2d 694] (due process challenge to Penal Code section 1538.5, subdivision (i)); McHugh v. Santa Monica Rent Control Bd. 433) (Chapter 433), reflecting broad legislative approval of private contracting by Caltrans, authorizes these contracts under the conditions set forth in that legislation and so affords a proper ground for dissolving or modifying the injunction. The majority offer no legal justification or policy rationale for abandoning this bedrock principle of law when legislative decisionmaking happens to follow litigation on related subject matter. ), In Department of Transportation v. Chavez (1992) 7 Cal. 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." According to Williams, the civil service mandate is aimed at protecting "the existing civil service structure," and does not compel the state "to fulfill every new state function through its own agency." Sess.) PROFESSIONAL ENGINEERS IN CALIFORNIA GOVERNMENT is a California Non-Profit Corporation - Ca - Mutual Benefit filed on April 29, 1964. Caltrans acknowledges that this study showed the cost of one personnel year for a state employee to be $70,000 to $75,000, while the cost of a private consultant was $138,000. [] For purposes of this section 'displacement' means layoff, demotion, involuntary transfer to a new class, or involuntary transfer to a new work location requiring the employee to change his or her place of residence in order to be able to continue in his or her job classification." Code, 14130.2, subd. 30.). (See Cal. 4th 602] efficient, cost-effective government-which is the expressed purpose in the original ballot argument-and that the legislation does not impair the integrity of civil service. App. Moreover, the contracting authorized by Chapter 433 will not encourage a return to the spoils system of political patronage. App. The issue before us is whether the Legislature exceeded its authority. Thus, Chapter 433, when properly interpreted, does not disregard the constitutional restriction on private contracting, but instead is consistent with the purposes of article VII. App. 239, 583 P.2d 1281].) )Case No . CalHR accepts no responsibility for the content or accessibility of external websites or external documents linked to on this website. Two years ago, COVID-19 prodded the state of California to launch a massive telework program, the most significant operational change to public service since the adoption of . Greg's diverse project experience includes: * Coastal and Port Structures, * Bridges and Culverts, * Buildings, * Mining Infrastructure Processing Structures and Equipment (EPC), and<br>* Subsea.<br><br>His key . 2d 816, 821 [51 Cal. 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." (See People v. Globe Grain & Mill Co. (1930) 211 Cal. (Gov. 4th 566] privatization. v. State Bd. Professional Engineer Licensure Available in California: 847.) Indeed, the substantial interrelatedness of the three branches' actions is apparent and commonplace: the judiciary passes upon the constitutional validity of legislative and executive actions, the Legislature enacts statutes that govern the procedures and evidentiary rules applicable in judicial and executive proceedings, and the Governor appoints judges and participates in the legislative process through the veto power. You can explore additional available newsletters here. (Spiritual Psychic Science Church v. City of Azusa (1985) 39 Cal. Fed., etc. In order to prevail in a facial attack on a legislative enactment, the challenge must establish that under no circumstance can the legislation be applied without violating the Constitution. Rptr. The title acts are Agricultural, Chemical, Control Systems, Fire Protection, Industrial, Metallurgical, Nuclear, Petroleum, and Traffic Engineering. ), 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. Engineering and Scientific Technicians. 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. (Lockard v. City of Los Angeles, supra, 33 Cal.2d at p. 16, 474 et seq. of Alcoholic Bev. Professional Engineers in California Government (PECG). (a)(5). 114, 708 P.2d 693] [legislation must be upheld unless conflict with constitutional provision is "clear and unquestionable"].) as amended July 14, 1993). [15 Cal. Easy 1-Click Apply (DUNHILL PROFESSIONAL SEARCH & GOVERNMENT SOLUTIONS) System Engineer Lead - Remote job in Fairfax at Dunhill Professional Search job in Dallas, TX. After reviewing the new provisions at length, the court made the following findings and determinations: (1) Contrary to new section 14130, subdivision (a)(5), project development service is not a new state function exempt from the constitution al restriction on private contracting, and using private contractors for pro ject development duplicates existing state agency functions. 141, 728 P.2d 211] (statute permitting admission of written statements in lieu of non-eyewitness testimony at preliminary hearings); People v. Superior Court (Engert) (1982) 31 Cal. 1, 450 P.2d 296] (standard of proof in juvenile delinquency proceedings); State of California v. Ind. Rptr. App. Of course, nothing in this opinion would prevent Caltrans from seeking modification of the 1990 injunction based on a showing that particular contracts are justified because state workers cannot perform the work "adequately and competently," or as economically, or because the work calls for the performance of new state functions. Under these circumstances, the legislative judgment may not be set aside. Code, 14130.1, subd. Com. 573.). 4th 558]. 4th 589], We must first look to what was decided. Presiding Justice of the Court of Appeal, Fifth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. [Citation.] 844-846.) 1, 488 P.2d 161], "We are guided in our inquiry by well settled rules of constitutional construction. This total break with precedent is not warranted by Chapter 433. 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. App. of Education (1955) 134 Cal. Neither U.S. Proc., 533; accord, Civ. [Citations.]" 2d 863, 868 [31 Cal. 2d 569, 571-574 [170 P.2d 904], [interpreting analogous civil service provision in city charter]; San Francisco v. Boyd (1941) 17 Cal. Revision Com., Proposed Revision (1966) p. Rptr. ), (2) Caltrans's use of private consultants to assist in project delivery "is a new state function and does not duplicate the existing functions of the department." Although the trial court stated that section 14137 raises a "serious question" about a violation of the separation of powers doctrine, it is clear that the trial court's decision did not rest on this point. In April 1990, the trial court enjoined defendant state Department of Transportation (Caltrans) from privately contracting for engineering and inspection services that state civil service employees had traditionally performed on state highway projects. ), FN 3. Dist. ( 14130, subd. App. Rptr. " (Professional Engineers, supra, 13 Cal.App.4th at p. 590, quoting Sts. 548-550.) Bargaining Unit 9 is represented by Professional Engineers in California Government (PECG). Plaintiffs observe, however, that the trial court found Caltrans created an artificial "need" for private contracting that resulted from its practice of [15 Cal. SB275 was held in the Senate Business Professions and Economic Development committee due to opposition by PECG (Professional Engineers in California Government) and ACEC of CA (American Council of Engineering Consultants of California, formerly known as CELSOC). Judieth Sullivan-Ojuola v. City of Sunnyvale, Imperial County Deputy District Attorneys Association v. County of Imperial, Junnie Verceles v. Oakland Unified School District, Service Employees International Union Local 721 v. County of Riverside, Teamsters Local 542 v. El Centro Regional Medical Center, Child Care Providers United California v. State of California, American Federation of State, County & Municipal Employees Council 36 v. City of Anaheim, Service Employees International Union, Local 99 v. The Accelerated Schools, Teamsters Local 2010 v. Regents of the University of California (Davis), Antelope Valley College Federation of Teachers v. Antelope Valley Community College District, Service Employees International Union Local 1000 v. State of California (California Correctional Health Care Services), California State University Employees Union v. Trustees of the California State University (San Diego), Service Employees International Union Local 1021 v. City and County of San Francisco (San Francisco Municipal Transportation Agency), California School Employees Association-Chapter 176 v. Barstow Community College District, Operating Engineers Local Union No. " fn. In so holding, the Court of Appeal relied heavily on legislative findings and declarations that purport to justify Caltrans's contracting activities. The company's filing status is listed as Active and its File Number is 469773. Since the trial court erred in its determination that Chapter 433 was unconstitutional, the entire basis upon which it refused to modify or dissolve the injunction must be reversed. This court has followed this principle in a wide variety of situations. 180. (e), p. 3d 188, 200-201 [182 Cal. The restriction does not arise from the express language of article VII. 2d 67, 74 .)" (Methodist Hosp. (Amador Valley Joint Union High Sch. (a)(2), operative until Jan. 1, 1998.) I conclude that the trial court erred in rejecting the factual findings of the Legislature, and that neither the trial court nor this court may reject such findings except under very limited circumstances not present here. at pp. ), FN 5. Dist. 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. (Stats. 490.). at pp. 1209 (1993-1994 Reg. Rptr. as amended June 24, 1993) and a Senate Appropriations Committee fiscal summary referring to a study finding "no significant difference" in cost (Sen. Appropriations Com., Fiscal Summary of Sen. Bill No. Instead, Riley is a judicial interpretation which itself has been judicially interpreted by later cases. Thus, merely characterizing work as "short-term" does not justify using private contractors to perform it. By adopting Chapter 433, the Legislature has made clear [15 Cal. Werdegar, J., and Brown, J., did not participate therein. 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. 4th 578] legal analysis. ), 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. As Caltrans readily concedes, it has always been responsible for project development of state highway projects. v. State of California (1988) 199 Cal. The majority in effect apply a species of "independent review" to the Legislature's factual findings, which would allow courts to decide for themselves whether the evidence supported the Legislature's determinations and conclusions or to make sure the Legislature-in the reviewing court's view-had before it "sufficient" evidence to warrant its enactment of the particular legislation at issue. " (Amwest, supra, 11 Cal.4th at p. 1253, italics added. 487, 624 P.2d 1215] [holding that the State Employer-Employee Relations Act did not conflict with article VII or the merit system mandate].) Rptr. While acknowledging that "courts must give legislative findings great weight and should uphold them unless unreasonable or arbitrary" (maj. 2d 165, 170 [68 P.2d 741] (Stockburger) [enjoining state from hiring private independent contractors to clean state building].) Following briefing and argument, on April 19, 1994, the court issued its decision declining to modify or dissolve the injunction, which remains in full force. In enacting [the statute in question], the Legislature did not purport to interpret the Constitution, but only to amend the statutory provisions enacted by Proposition 103. fn. Listing for: Atlas Technical Consultants. omitted. NOTE:The Board has the authority to seek additional information pertinent to the education and experience of the applicant as may be required to verify the applicants qualifications. The trial court stated: "The Court concludes that Chapter 433 of the Statutes of 1993 is unconstitutional in that it authorizes defendants to contract with private consultants for the performance of project development services without a factual showing that the contracts are permissible under article VII. Rptr. (a); see Cal. 2d 453, 461-462 [202 P.2d 38, 7 A.L.R.2d 990].) You already receive all suggested Justia Opinion Summary Newsletters. Services contracted for shall not cause the displacement of any permanent, temporary, or part-time employee of the department. It looks like your browser does not have JavaScript enabled. 4th 765, 780 [35 Cal. (Amwest, supra, 11 Cal.4th at pp. (Accord, California Housing Finance Agency v. Patitucci (1978) 22 Cal. as amended June 24, 1993; Assem. 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. 2d 21, 890 P.2d 43] (Salazar).) 550, 568), the constitutional civil service provision has been construed to allow the state to contract privately for services that state employees have [15 Cal. Includes links to laws and rules regulating the two professions. In 1986, plaintiffs (a labor organization representing state engineers and a citizen/taxpayer) filed suit to enjoin Caltrans from contracting with private entities to carry out state highway projects traditionally done by state civil service employees. Sess.) ), In Riley, we considered and rejected this precise argument, concluding that the civil service mandate does not distinguish between "employees" and "independent contractors," but is more concerned with whether the civil service staff could perform the services involved. Professional Engineer: Employees providing engineering, design, research, and related analytical information regarding structures such as highways, bridges, dams, and water treatment plants. 3d 692, 699 [170 Cal. 4th 1243 at page 1252 [48 Cal. The contracts are intended to supplement the work of civil service staff (see 14130, subd. (Gov. Const., art. 397-399) and the "cost savings" rule (see CSEA, supra, 199 Cal.App.3d at pp. (CSEA, supra, 199 Cal.App.3d at p. 589. 361, 551 P.2d 1193] (Elliott); accord, The Housing Authority v. Dockweiler (1939) 14 Cal. [Citation.]" 3d 87, 99 ; Dept. According to the Court of Appeal majority, nothing in the record supports a conclusion that the legislative findings were clearly and palpably wrong. Sess.) California Association of Professional Scientists (CAPS) 11 . The legislative history [15 Cal. (e) [plans and specifications for projects to comply with Caltrans's standards for state transportation projects].) Rptr. 2d 288, 298 [73 P.2d 1221], italics added.) 4th 567] reasonable cost." 76-84, and cases cited (Civil Service Note). 2d 126, 134 [69 P.2d 985, 111 A.L.R. (Amwest, supra, 11 Cal.4th. ), Relying on CSEA, supra, 199 Cal.App.3d at pages 851 through 853, the Court of Appeal majority reasoned that the Legislature properly could find that, under present conditions, certain highway construction projects, even though existing state functions, cannot be performed "adequately, competently or satisfactorily" by state employees, but can be performed "efficiently and economically" if privately contracted. ", The Court of Appeal next addressed the trial court's conclusion that section 14137 (directing Caltrans to continue contracts in force or awarded on or before July 1, 1993) is invalid because it purports to override the court's injunction without stating facts establishing the contracts at issue satisfied the civil service mandate. 3d 639, 652 [122 Cal. omitted, italics added.). In any event, as the Court of Appeal dissent notes, this "cryptic" provision contains no basis for modifying the trial court's injunction. 4. In sum, article VII would not be undermined by the operation of Chapter 433. 433.) (Id. Otherwise, the judicial branch may be perceived as assuming the role of arbiter of social and fiscal policy, a role which is properly left to the representative branch of government. 2d 561, 569 , we referred to the presumption of constitutionality and the rule of strict construction of constitutional limitations on the Legislature, and concluded, 'Those principles indicate the latitude and effect to be given a legislative construction or interpretation of the Constitution. Caltrans points to no new legal developments, such as scholarly criticism or commentary, or contrary case law in other states, that would cast doubt on the continued vitality of Riley and its progeny. [15 Cal. 4th 580] with previous legislative findings regarding the need for additional contracting flexibility to ensure timely and cost-effective project delivery, fn. But plainly this [15 Cal. (Gov. General Information: This places a heavy burden on plaintiffs. at pp. 6 that contracting would provide more flexibility in addressing relatively short-term workload increases and expedite the delivery of transportation projects, and that waiting for Caltrans to hire and train new employees would delay locally funded projects and potentially increase the cost to local taxpayers. 4th 601] Accordingly, there is a strong presumption in favor of the Legislature's efforts at interpretation. 3d 180, 186 [185 Cal. at p. ), 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. Instead, Caltrans relied solely on the new legislative findings characterizing seismic retrofitting as "short-term" work subject to private contracting (see new 14130, subd. Below, we describe the types of employees in the states 21 bargaining units. Chap. Rptr. As a result, [Caltrans] purposely create[s] a need for 'a stable contracting out program' to timely deliver transportation projects, institutionalize the use of contracting in project delivery, and displace civil service employees from the function they have historically performed, in violation of article VII.". Fund, supra, 30 Cal.2d at pp. As I shall explain, Chapter 433 provides a constitutionally valid basis for dissolving the 1990 injunction on the same ground. Sess.) In 1993, the Legislature enacted Chapter 433 in recognition that California needed a "comprehensive and integrated highway construction plan" to maximize the capture and use of federal, state, local, and private funds and to maintain a competitive posture in seeking supplemental federal funds. " (Amwest, supra, 11 Cal.4th at p. With these findings in mind, the Legislature granted Caltrans additional flexibility until January 1, 1998, to contract with private engineers for projects involving the seismic retrofitting of highway structures in accordance with statutes enacted following the 1989 Loma Prieta Earthquake and for state transportation projects funded by local resources. (Accord, Lundberg v. County of Alameda (1956) 46 Cal. 419.) (1985) 40 Cal. hLj0WDOUadLvQzkfHLz$5p&y6r8We%X^-+nE6V{NHH9#xU$7A"np#! Practices Com. App. The propriety of the use of extrinsic materials in determining legislative intent is a question which may properly be considered on appeal regardless of whether the issue was raised in the trial court." at p. 2471] (lead opn. It is periodically updated as new information becomes available. XXIV, 4, subd. An applicant for licensure as a Professional Engineer must meet the qualifying experience requirements outlined inBusiness and Professions Code sections 6751(c) and 6753andTitle 16, California Code of Regulations section 424. Myers; Caltrans Director Will Kempton and his Caltrans engineers; the Arizona steel fabricator whose company built the steel girders; the firefighter who responded to the accident; and the reporters who covered the story. App. v. State Bd. 2d 355, 896 P.2d 1365] (overbreadth and vagueness attacks on hate crimes statute); Voters for Responsible Retirement v. Board of Supervisors (1994) 8 Cal. 4th 551]. [Citations.]" As there described by the Court of Appeal, "[t]his legislation arose from a legislative determination that '[p]ublic sources of revenues to provide an efficient transportation system have not kept pace with California's growing transportation needs, and alternative funding sources should be developed to augment or supplement available public sources of revenue.' (5) New sections 14130, subdivisions (a)(1) and (d), 14130.2, subdivision (a)(2), and 14130.3, establishing various state policies favoring private contracting, are contrary to the constitutional civil service mandate because they purport to authorize Caltrans to contract privately without regard to whether available civil service staff can timely perform the services. In the majority's view, the supposed lack of any such evidence before the Legislature is significant since here the trial court's findings to the contrary were supported by one study purporting to show that the cost of contracting was substantially greater than the cost of using civil service staff. The Majority Err by Approving the Trial Court's Reliance on the Truth of its Own 1990 Findings to Reject the Legislature's Subsequent Factual Findings. 4th 698, 710 [42 Cal. 4th 583] report to evaluate the economic viability of contracting out to the private sector. FN 9. Having reviewed the general constitutional, statutory, and decisional framework, we return to the facts of this case. 844. 552, 537 P.2d 384]; Miller v. Municipal Court, supra, 22 Cal.2d at p. 828; see San Francisco Taxpayers Assn. It would appear the majority sought to find the legislation unconstitutional, whereas long-standing precedent requires just the opposite-that the court attempt to uphold the enactment. 1209 (1993-1994 Reg. XIII A]. (1981) 85 A.D.2d 733 [445 N.Y.S.2d 812, 813]; Carter v. Ohio Dept. 4th 597] reform a statute to conform it to constitutional requirements in lieu of simply declaring it unconstitutional and unenforceable." In Salazar, the trial court's injunction was based on "assumptions about the law" that changed when this court filed a new decision. There is nothing before me to show the Legislature was "clearly and palpably wrong" in its findings and declarations. With regard to the question before it, this court concluded: "Accordingly, starting with the presumption that the Legislature acted within its authority, we shall uphold the validity of [the statute at issue] if, by any reasonable construction, it can be said that the statute furthers the purposes of Proposition 103." opn. 3d 168, 180-181 [172 Cal. In this regard, the trial court utilized the correct standard, stating: "The courts may set aside the legislative findings on which the constitutionality of a statute is based only if the legislative findings could not reasonably be true on their face or in light of judicially noticeable facts." (Kopp v. Fair Pol. [] From facts which the Court may properly judicially notice, it is evident that defendants' contracts with private consultants for the performance of engineering services to deliver highway projects duplicate an existing state function historically performed by civil service staff. 1991, ch. The following instructions summarize the requirements for licensure as a Professional Engineer, but they are not intended to apply to every situation. The executive branch, in expending public funds, may not disregard legislatively prescribed directives [15 Cal. 4th 592] findings of fact cannot be used to controvert the Legislature's later findings. Even the First Amendment cases relied upon by the majority do not espouse such a view. and to locally funded highway projects fn. [] Such is not the case. 3d 903, 910 [226 Cal. ), The trial court in the instant case was aware of the restrictions placed upon its power to make factual determinations regarding statutes. (Riley, supra, 9 Cal.2d at p. 135 [enjoining state agency from retaining private attorney]; see also Burum v. State Compensation Ins. on Transportation, Rep. on Sen. Bill No. RPMnuL?aD[@D;:>32xtg` Po When it has made such judgments, we will not disturb them unless they are inherently improbable or unreasonable." As the dissent explained, "The trial court had determined the rights and obligations of the parties to this litigation under contracts entered into under the law preceding Chapter 433.