), In short, the Riley decision and its progeny seem typical of the restraints many other jurisdictions, including the federal government, have imposed on private contracting. Courts are neither policymakers nor legislative fact finders. Additional Information for Applicants Applying for a Waiver of the Fundamentals of Engineering (FE) Exam (b), 14130.3. Therefore, I attached my resume by way of application. Rptr. former 401(2), italics added; see Diebold v. U.S. (6th Cir. I see no legitimate basis for such an approach, which intrudes upon the legislative process in outright disregard of the separation of powers. 2d 798, 802 ; Miro v. Superior Court (1970) 5 Cal. [Citations.] 2d 93] (conc. fn. 4th 1746, 1749 [50 Cal. Caltrans submitted no such study, and the available evidence (involving pre-1993 fiscal years) supported a contrary finding. Telework Stipend Agreement Program Agreement with Professional Engineers in California Government reached 10-1-2021: 2020-07-01T07:00:00Z: 05 - Addenda and Side Letters: 2022-07-01T07:00:00Z: In my judgment the majority, although purporting to follow settled rules, in fact apply a totally unprecedented standard for invalidating Chapter 433 without offering any justification or rationale for rejecting a century of decisional law in California. Article VII, like its predecessor, former article XXIV of the state Constitution, defines the state civil service as including "every officer and employee" of the state, with exceptions not pertinent here. 3d 161, 175 [167 Cal. as amended June 24, 1993; Assem. Rptr. 305] (Williams).). at pp. In that case, the Legislature had authorized Caltrans to contract with private development firms to construct and operate tollways under state lease, in order to secure needed transportation systems unobtainable through public financing arrangements. To the extent Chapter 433's provisions conflict with the civil service mandate, they are invalid. 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. In sum, article VII would not be undermined by the operation of Chapter 433. 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. v. Spokane Community Coll. v. State Bd. 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." at pp. Application and Examination Information page. That is, the majority apparently view Chapter 433 as applying to engineering services for project development on a broad, unlimited basis. Presumably, after all bridges are retrofitted as needed, the program will terminate. 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. Engineering. It recounts the progress, delays, setbacks, and politics during the design and construction of a new, safe bridge to re-complete the connection across the Bay between San Francisco and Oakland. (Italics added.). ), Finally, as we have explained, contrary to Caltrans's assumption, the civil service mandate does not preclude outright privatization of an existing state function. 2d 818, 828 [142 P.2d 297].) That case involved the total withdrawal of a state function on an experimental basis, requiring no expenditure of state funds. Associate Justice of the Court of Appeal, Fourth Appellate District, Division One, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. 3d 575, 583 [131 Cal. Preliminarily, we observe that the trial court's injunction of April 17, 1990, has become final, and it binds the parties to this litigation unless Chapter 433 provides ground for dissolving it. Code, 14130, subd. In preparation for completing my Bachelor of Science degree in Civil Engineering, I took a break from formal studies and worked for 2 years as a land surveyor in Atlanta, Georgia (FEB 1986 - JAN . (CSEA, supra, 199 Cal.App.3d at pp. Western Cape Government All project management related responsibilities, client liaison, stakeholder liaison, design & tender documentation, managing the project team Transnet projects Engineering Manager, NEC Supervisor, civil and mechanical design engineer Part of the Civil and Mechanical SANRAL projects (Riley, supra, 9 Cal.2d at p. Accordingly, there is no basis for the majority's unacknowledged abandonment of the long line of authorities I have previously discussed. (People v. Superior Court (1937) 10 Cal. [Citations.] 4th 603] and limits pertaining to the use of such funds. 3, AFL-CIO v. City and County of San Francisco, Barlou Howard v. San Francisco Municipal Transportation Agency, Davis City Employees Association v. City of Davis, California Federation of Interpreters, Local 39000 TNG-CWA v. Region 2 Court Interpreter Employment Relations Committee, Service Employees International Union, Local 721 v. County of Ventura, San Diego Education Association, CTA/NEA v. San Diego Unified School District, Pasadena City College Faculty Association v. Pasadena Area Community College District, American Federation of State, County & Municipal Employees Local 146 and Sacramento Regional Transit District, American Federation of State, County & Municipal Employees Local 3299 v. Regents of the University of California, American Federation of State, County & Municipal Employees Local 3299 v. Regents of the University of California (Davis), American Federation of State, County & Municipal Employees Local 1117 v. City of Torrance, Teamsters Local 2010 v. Regents of the University of California, Professional Engineers in California Government v. State of California (State Water Resources Control Board), Mt. 245. 568-569; Collins v. Riley (1944) 24 Cal. UPDATED JANUARY 11, 2023 - NCEES is still seeking licensed mechanical engineers to participate in a professional activities and knowledge study (PAKS) for the PE Mechanical exams. (Professional Engineers v. Department of Transportation (1993) 13 Cal. Rather, courts should usually apply the tests Riley and its progeny devised on a case-by-case basis, evaluating particular contracts rather than entire areas of operation such as "engineering" or "project development." opn. Accordingly, the Court of Appeal majority concluded that Chapter 433 is constitutional "on its face," reserving the question whether its provisions are "now or will be applied constitutionally." 4th 601] Accordingly, there is a strong presumption in favor of the Legislature's efforts at interpretation. Thus in San Francisco v. Industrial Acc. (D'Amico v. Board of Medical Examiners (1974) 11 Cal. (Fn. Thus, the requirements that courts presume legislative enactments to be constitutional and that such great weight be given to legislative findings that they will be upheld unless they are palpably erroneous, does not mean those findings are placed totally beyond the power of courts to [15 Cal. Rptr. (e) [plans and specifications for projects to comply with Caltrans's standards for state transportation projects].) This was much more than a huge design and construction project. Mircom Group is among Canada's most successful intelligent building . * concurring. FN 2. * concurred. (See, e.g., Amwest Surety Ins. Supervisors and Managers An Instrumental Part of PECG, PECG also sponsors and distributes educational documentaries that explore innovative solutions to the most serious problems facing our environment, economy, and livability. Rptr. 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. Rptr. It results in an ever-expanding government payroll and exalts the entity of the civil service [15 Cal. Rptr. In other words, 'we do not look to the Constitution to determine whether the legislature is authorized to do an act, but only to see if it is prohibited.' Although not explicitly stated in the act, it is apparent that implicit in Chapter 433 is a provision that contracting out must make economic sense-it must be cheaper than using civil service-and that the discretion of the Director of Transportation (Director) to contract out must be exercised toward that end. "This is entirely consistent with the civil service mandate, a key purpose of which is to encourage efficiency and economy in state government. Applicants should keep a copy of all materials submitted to the Board for their records. Accordingly, they have little relevance here. Mivy has worked for a range of clients . This entertaining one-hour documentary takes the viewer around the world in search of technologies and policies that will address the serious problem of excessive carbon dioxide emissions and our dangerous dependence on foreign oil. Next, the Legislature amended section 14130 to add additional legislative findings and declarations, including the following relevant ones: (1) Use of private "consultants" to supplement Caltrans's workforce has permitted it "to substantially enhance its project delivery," including acceleration of state highway construction projects costing nearly $1 billion. 433 (Reg. Com. The enactment of Chapter 433 accordingly, does not warrant the modification or dissolution of the injunction in this action." 107, 1, subd. (a)(3)). 440.) at p. I would affirm the judgment of the Court of Appeal. 6 [43 Cal. Civil Engineering and Development Department (CEDD), Hong Kong SAR Government Transit Authority v. Public Util. Caltrans also cites a report of the Senate Transportation Committee referring to various conflicting evaluations and studies on the subject of the cost-effectiveness of private contracting (Sen. Transportation Com., Rep. on Sen. Bill No. Although these statutes and regulations do not require competitive bidding for the type of services at issue, it has long been recognized that " 'the employment of a person who is [15 Cal. 414-417; see Williams, supra, 7 Cal.App.3d at p. Annual Leave Comparison Chart. 2d 12, 906 P.2d 1112] (Amwest), quoting California Housing Finance Agency v. Elliott (1976) 17 Cal. 1040.) 180. Rptr. 2d 497] (lead opn. Rptr. 180. 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. 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. In many cases, engineers who work for the federal government are exempt from those laws, although federal agencies can set their own rules. The majority find Chapter 433's provisions "too far-reaching in scope" to qualify as permissible legislative experimentation under Professional Engineers, supra, 13 Cal. Applicants licensed in another state (comity applicants) must meet the same application requirements as all other applicants. at pp. 1209 (1993-1994 Reg. Thus, the court concluded that Chapter 433's legislative findings and directives are "obviously erroneous, unreasonable and inconsistent with the constitutional civil service mandate," and for that reason the provisions are unconstitutional to the extent they purport to authorize Caltrans to contract privately without a factual showing that the contract is permissible under applicable constitutional principles. VII, 1, subd. PECG is a volunteer organization assisted by professional negotiators, consultants, attorneys, and Sacramento lobbyists and is not affiliated with any organization or union. 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. PECG represents members with grievances, arbitrations, and a variety of other claims and appeals. Remarks. v. State Bd. 3d 208, 219 [149 Cal. State civil service staff has long performed these functions. Caltrans relies in part on the August 1993 Assembly Committee on Transportation report indicating that the cost-effectiveness of contracting for professional services "is a hotly disputed topic" and commenting briefly on Caltrans's improved "project delivery" (resulting, as the trial court found, from Caltrans's deliberate failure to maintain an adequate civil service staff) (Assem. Plaintiffs observe, however, that the trial court found Caltrans created an artificial "need" for private contracting that resulted from its practice of [15 Cal. Rptr. 4th 566] privatization. omitted. Rptr. ), In that case, the Court of Appeal upheld the challenged legislation, concluding that although the design and construction of roads were neither new functions nor ones that state workers could not satisfactorily perform, the privatization program was an experimental one, and no state funds would be used to defray construction costs. (Amador Valley Joint Union High Sch. Would it be bound by the Evidence Code as to what evidence it could consider? Professional Engineers in California Government, The Next Frontier: Engineering the Golden Age of Green, Amazing: The Rebuilding of the MacArthur Maze, "California state engineers say yes to 8.5 percent raise, other perks", Bargaining Unit Contracts - Bargaining Unit 9, (PECG) - Professional Engineers, Engineers' Union Takes Labor Savings Ideas to Legislature, California Supreme Court Upholds Furlough Order for State Workers, Professional Engineers in California Government (PECG), https://en.wikipedia.org/w/index.php?title=Professional_Engineers_in_California_Government&oldid=1012499074, 455 Capitol Mall, Suite 501, Sacramento, CA 95814, This page was last edited on 16 March 2021, at 18:13. App. 2d 481, 484 [171 P.2d 21, 166 A.L.R. ), This case presents a similar example of permissible legislative experimentation. 487, 624 P.2d 1215] [holding that the State Employer-Employee Relations Act did not conflict with article VII or the merit system mandate].) By September 1, 1996, Caltrans was to submit data to the Legislative Analyst on total project costs for two groups of comparable highway projects. (FCC v. Beach Communications, Inc. (1993) 508 U.S. 307, 315 [113 S. Ct. 2096, 2102, 124 L. Ed. 184-186 [96 S.Ct. 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One of PECGs goals is to promote the highest standards of professional practice. Your application will not be processed without it. 3, AFL-CIO, Francisco J. Gonzalez v. City of Beverly Hills, Long Beach Supervisors Employees Association v. City of Long Beach, Service Employees International Union Local 521 v. County of Madera, Yuba City Teachers Association v. Yuba City Unified School District, Service Employees International Union Local 1021 v. County of Contra Costa, Professional Engineers in California Government v. State of California (Office of Statewide Health and Planning Development), Salena Ann Gonzales v. California School Employees Association, Carpinteria Association of United School Employees, Local 2216 v. Carpinteria Unified School District, Service Employees International Union Local 1021 v. Sacramento City Unified School District, Bellflower Teachers Association, CTA/NEA v. Bellflower Unified School District, Randi Winter v. El Camino Community College District, Sacramento City Unified School District v. Sacramento City Teachers Association, Santa Clara County District Attorney Investigators Association v. County of Santa Clara, Teamsters Local 853 v. City & County of San Francisco (Public Works), Alex Hernandez v. State of California (Employment Development Department), California School Employees Association, Chapter 32 v. Bellflower Unified School District, Bellflower Teachers Association v. Bellflower Unified School District, California School Employees Association Chapter 83 v. Visalia Unified School District, American Federation of State, County & Municipal Employees Council 36 v. Long Beach Public Transportation Company. fn. Workers v. Ohio State Univ. Effective September 24, 1993, the Legislature adopted Chapter 433. " (Professional Engineers, supra, 13 Cal.App.4th at p. 590, quoting Sts. 1256.). Thus, the Legislature's determination of the facts warranting its action " 'must not be set aside [15 Cal. 4th 607, 615 [47 Cal. In holding otherwise, the majority inappropriately substitute their judgment for that of the Legislature and improperly limit the Department of Transportation's (Caltrans's) opportunities to take advantage of private sector efficiencies. at p. ), The majority cite Amwest as supporting greater judicial latitude regarding legislative findings, noting that even though legislative findings generally will be upheld, "we also must enforce the provisions of our Constitution and 'may not lightly disregard or blink at a clear constitutional mandate.' IX.B.2. 3d 168, 180, this court applied the foregoing "fundamental principles of constitutional adjudication" to a challenge to legislation based on article VII. Unit 9 - Professional Engineers; Unit 10 - Professional Scientific; Unit 11 - Engineering and Scientific Technicians; Unit 12 - Craft and Maintenance; . The authority and duty to ascertain the facts which ought to control legislative action are, from the necessity of the case, devolved by the constitution upon those to whom it has given the power to legislate, and their decision that the facts exist is conclusive upon the courts, in the absence of an explicit provision in the constitution giving the judiciary the right to review such action. [15 Cal. Rptr. Rptr. (See Williams, supra, 7 Cal.App.3d at p. 397 [Riley rule "emanates from an implicit necessity for protecting the policy of the organic civil service mandate against dissolution and destruction"]; CSEA, supra, 199 Cal.App.3d at pp. Rptr. 411.) 4th 576] or disregarded by the courts, unless the legislative decision is clearly and palpably wrong and the error appears beyond reasonable doubt from facts or evidence which cannot be controverted, and of which the courts may properly take notice.' 4th 585, illustrates, changing conditions and California's growing transportation needs justify a "liberal, practical common-sense construction" (Amador Valley Joint Union High Sch. Analyst, letter to Sen. Marian Bergeson (July 15, 1993) p. 4th 597] reform a statute to conform it to constitutional requirements in lieu of simply declaring it unconstitutional and unenforceable." 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. In 1981, this court made quite plain that the foregoing presumptions and rules of deference apply when legislation is challenged as being in conflict with article VII of the California Constitution (article VII). 3d 1035, 1040 [209 Cal. 14. In this regard, the burden here is not on Caltrans to validate Chapter 433, but on plaintiffs to invalidate that legislation.