]; Gov. 3.) 2d 912, 916 [152 P.2d 169]; Martin v. Riley (1942) 20 Cal. 2 In my view, the court erred in its determination of what constituted judicially noticeable facts. Const. We further conclude the trial court properly found Chapter 433's legislative findings and declarations provided insufficient basis for modifying its 1990 injunction. ), Similarly, in California Housing Finance Agency v. Patitucci, supra, 22 Cal. In effect, the trial court circumvented Lockard and Stevenson by taking judicial notice of the truth of its own findings. (Cal. On the one hand, the plaintiff relied on the presumption of constitutionality to argue for a deferential standard, while its opponents argued the question was one of statutory interpretation which the court should consider de novo. v. San Diego Community College Dist. Two important consequences flow from this fact. Before today the rules mandating judicial deference to legislative enactments were firmly established. In our view, none of the express or implied provisions of Chapter 433 affords a legitimate basis for disregarding the constitutional restriction on private contracting. The parties agree that the Legislature has the authority to amend Proposition 103 without voter approval, but only to further the purposes of the initiative. (3) Contrary to Caltrans's contention, new section 14130.1, characterizing seismic retrofitting services as a "short-term workload demand," fails to constitute adequate justification for private contracting because it fails to consider the civil service staff available and obtainable to perform the work. This is because this court "[is] bound, if possible, to construe a statute in a fashion that renders it constitutional." Chapter 433 simply expands Caltrans's power to contract with private entities to perform that work. ), In Caltrans's view, Riley erred in inferring from California Constitution, former article XXIV, the predecessor of article VII, that the state is prohibited from using "independent contractors" except in narrow, exceptional situations. Section 14131 permits Caltrans to contract for services with engineers, architects, surveyors, and other similar professionals whenever certain guidelines contained in section 14134 are applicable, as long as these contracts do not displace any Caltrans employees. 2d 497] (lead opn. During a three-day bridge closure, Myers and Caltrans teams demolished and removed a football field-size bridge, rolled in a new pre-constructed replacement span, and finished the amazingly challenging job eleven hours ahead of schedule! However, the constitutionality of a statute cannot turn on "the vagaries of litigation tactics." In this regard, the burden here is not on Caltrans to validate Chapter 433, but on plaintiffs to invalidate that legislation. of Labor & Industry (1993) 154 Pa.Commw. If conflicts arise, the Professional Engineers Act will take precedence. Thus, as the majority acknowledge (maj. Civil Engineer Applicants 4th 407, 415-416 [9 Cal. 471 [624 A.2d 229, 231]; Teamsters Local 117 v. King County (1994) 76 Wn. opn., ante, at pp. opn., ante, at p. It results in an ever-expanding government payroll and exalts the entity of the civil service [15 Cal. " (Amwest Surety Ins. Even when applying "careful scrutiny," however, this court stated: "At the same time, we are mindful that it is our duty to uphold a statute unless its unconstitutionality clearly, positively, and unmistakably appears; all presumptions and intendments favor its validity. 232] (CSEA).) This is a fairly common procedure." The Bridge So Far: A Suspense Story is an entertaining one-hour documentary on the often outrageous and always controversial history and status of the San Francisco-Oakland Bay Bridge. v. Williams (1970) 7 Cal. Nevertheless, this declaration does not detract from the overall legislative finding that a stable contracting out program is necessary for adequate project delivery. (People v. Superior Court (1937) 10 Cal. Plaintiffs observe, however, that the trial court found Caltrans created an artificial "need" for private contracting that resulted from its practice of [15 Cal. As the majority recognize (maj. App. (1995) 11 Cal. Similar experimentation may be permissible under article VII, if justified by considerations of economy and efficiency and if otherwise consistent with applicable civil service requirements, despite the use of state funding. 4th 553] the goals of this article," or to hire new staff "to an internal level that matches its ability to assimilate and productively use new staff." 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. We consider here important questions of law and policy arising under the state Constitution's civil service provision (Cal. (Professional Engineers v. Department of Transportation (1993) 13 Cal. Applicants should also review the Process Flowcharts . Professional Engineers in California Government - Los Angeles Section. 4th 604] review. 462, 464-465 [73 P. 187], italics added.). 593-595, and fn. v. State Bd. 30.). No provision of Chapter 433 alters the traditional burden of proof that the government show that contracting out is warranted by considerations of economy or efficiency. 2d 126, 134 [69 P.2d 985, 111 A.L.R. The majority opinion has the strong potential to hamstring the Legislature every time its proposed legislation touches upon a "constitutional mandate. opn., ante, at p. 569), the majority nonetheless decide that the ordinary deference courts owe to legislative action "vanishes" when "constitutionally protected rights" are threatened and that courts are not foreclosed from exercising "independent judgment of the facts" bearing on an issue of constitutional law (ibid.). II. 3d 501, 514 [217 Cal. ), The majority note that the trial court's 1990 injunction has become final, and that Caltrans has never challenged the trial court's earlier findings and conclusions. App. We conclude that Chapter 433 contains no express or implied findings sufficient on their face to justify dissolving the trial court's injunction. Effective September 24, 1993, the Legislature adopted Chapter 433. One of these orders recited that because Caltrans was underestimating its actual workload and was maintaining an insufficient level of civil service staff, it needed to use private consultants to perform scheduled and unscheduled work beyond the capacity of civil service staff. To perform the remaining project development work targeted for private consultants, Caltrans made limited term, retired annuitant, or temporary civil service appointments. Unless conflict with a provision of the state or federal Constitution is clear and unquestionable, we must uphold the Act. Rptr. 1986) Judicial Notice, 80, p. 74, italics added.) 844. Co. v. Deukmejian, supra, 48 Cal.3d at p. 814), the judiciary should not interfere. Dist. 572-574.). If the law, when thus considered, does not appear to be unconstitutional, the court will not go behind it, and, by a resort to evidence, undertake to ascertain whether the legislature, in its enactment, observed the restrictions which the constitution imposed upon it as a duty to do, and to the performance of which the members were bound by their oaths of office." Review all applicable laws and regulations to confirm that you meet the qualifying experience requirements before you submit an application to the Board. 6 [43 Cal. If a Traffic Engineer applicant has submitted fingerprints with a previous application to the Board, they do not need to resubmit fingerprints with a subsequent application. 3d 951, 957, this court determined that it must "subject to careful scrutiny any legislation restricting the ability of defendants to cross-examine witnesses whose testimony is offered as evidence of probable cause [at a preliminary hearing]." App. FN 1. 37]; Barenfeld v. City of Los Angeles, supra, 162 Cal.App.3d at p. 1040; cf. Further, judicial notice of findings of fact does not mean that those findings of fact are true, but, rather, only means that those findings of fact were made. The existence of this statute is not relevant to a determination as to the facial validity of Chapter 433. 433, 13, subd. Cameron Knudson is president of Professional Engineers in California Government, representing 14,000 state engineers, architects, geologists, and related professionals. 3d 501, 514 [217 Cal. The question before us here is whether these provisions are consistent with article VII. (Colo. 1991) 809 P.2d 988, 992-998; Jack A. Parker & Assoc., Inc. v. State, etc. [Citations.] Fed., etc. The current contract with Unit 9 is in effect from July 1, 2022 through June 30, 2025. The Court of Appeal in Stockburger, supra, 21 Cal.App.2d at page 167, had questioned the relevance of cost savings, but CSEA overruled that decision in light of the ballot argument's emphasis on "efficiency and economy." omitted. The restriction does not arise from the express language of article VII. 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. In the many proceedings which produced the injunction and enforcement, Caltrans, the administrative agency which is the necessary source of evidence that contracting out is cost-effective, has been unable to provide any such evidence. [15 Cal. Strong operations professional graduated from California State University-Northridge. (Riley, supra, 9 Cal.2d at p. 135 [enjoining state agency from retaining private attorney]; see also Burum v. State Compensation Ins. III, 3; Mandel v. Myers (1981) 29 Cal. (See ibid.) 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. As the Court of Appeal dissent observed, this provision also seems to conflict with the constitutional civil service mandate by authorizing Caltrans to contract work privately on locally funded projects "even if additional civil service staff could be hired to perform it as cheaply and as promptly.". 4th 579] need not be verified by current empirical proof].) In other words, legislative determinations are not to be judicially nullified unless they are manifestly unreasonable, arbitrary or capricious. 1-2; Sen. Appropriations Com., Fiscal Summary of Sen. Bill. According to the court, Caltrans was displacing civil service staff from project development work that staff had historically performed and was maintaining staff at an inadequate level to create an artificial need for private contracting. As Caltrans observes, in an uncodified section of Chapter 433 ( 13), the Legislature authorized a future study to compare civil service and private contracting costs to help determine the most economical mix of public and private service provision. (Id. Rptr. Annual Leave Comparison Chart. fn. App. FN 7. This obligation is to assure that, in formulating its judgments, Congress has drawn reasonable inferences based on substantial evidence. 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. I disagree. Without consideration of defendants' actual workloads in particular fiscal years or the actual number of regular and temporary civil service staff who could be obtained to accomplish the workloads in those years, the Legislature determines that defendants' workload will inevitably exceed the capability of civil service staff and, therefore, a 'stable contracting out program' to supplement civil service staff will inevitably be necessary to timely respond to funding opportunities and timely deliver projects. 3d 390, 394-395 [86 Cal. As Justice Ardaiz elaborates in his dissent, decisions dating back to the turn of the century require the courts to always presume that the Legislature acts with integrity and with an honest purpose to keep within constitutional restrictions and limitations. 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. App. on Transportation, Rep. on Sen. Bill No. 4th 556] retrofitting and locally funded project categories. 461.) As plaintiffs observe, "Were the rule otherwise, the civil service system could be entirely undone by a system of contracting; and the state's work force could be dominated by independent contractors who would be hired from job to job." (1957) 48 Cal. Thus, an August 1993 report of the Assembly Committee on Transportation states that although "existing law" requires Caltrans to show the inadequacy of existing and recruitable staff to complete project development, Chapter 433 "would specify that Caltrans is not obligated to meet that or any other test relative to hiring to assimilation and productive use of civil service employees, and instead, can contract out at the discretion of the director." App. In the dissent's view, the Court of Appeal majority relied exclusively and improperly on an implied legislative finding of cost-effectiveness to permit Caltrans to resume private contracting without requiring it to prove that contracting is more economical or efficient than using state civil service employees. (Maj. 4th 549] particular cases. (Riley, supra, 9 Cal.2d at p. 135; accord, Burum v. State Compensation Ins. 1988, ch. Code, 14130, subd. If the error does not so appear, " 'the legislative determination that the facts exist which make the law necessary' " (ibid.) (a)(2)); and (3) recognition of a need for "additional flexibility through outside contracting" to supplement Caltrans's program staff, maintain a more stable work force, and avoid "short-term hiring and layoff" (former 14130, subd. "Under the system of government created by our Constitution, it is up to legislatures, not courts, to decide on the wisdom and utility of legislation." 3d 492, 524 [286 Cal. Fund, supra, 30 Cal.2d at pp. Professional Engineers. at pp. (Ibid. Rptr. From time to time before adopting Chapter 433, the Legislature had enacted provisions governing the state's authority to contract with private entities. 3d 208, 245 [149 Cal. 4th 563] injunction. California Association of Professional Scientists (CAPS) 11 . v. State of California (1988) 199 Cal. California Federation of Interpreters, Local 39000 TNG-CWA v. Orange County Superior Court, et al. at pp. Executive Order S-15-10 was issued . Code Regs., tit. Rptr. " (Amwest, supra, 11 Cal.4th at p. The state did not appeal and the decision is final. as amended June 24, 1993, pp. In sum, article VII would not be undermined by the operation of Chapter 433. ), In the case of article VII, it cannot reasonably be said the meaning of the constitutional provision is clear or that its construction is not disputed. Janssen Supply Group, LLC, part of Janssen Supply Chain (JSC), is recruiting for a Senior Staff Process Engineer, to be located in Horsham, PA, Cork, Ireland, Schaffhausen, Switzerland, or Leiden, Netherlands. v. Board of Supervisors (1992) 2 Cal. FN 13. 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.