December 18, 2009

Dear Unit 2 Colleague:

As you know, CASE has a number of matters pending against the Governor and DPA in various courts.  Please note the following information about the status of those proceedings:

General Challenge to Furloughs (Furlough Case #1 – Court of Appeal case number C061009)

The Sacramento ruling by Judge Marlette is on appeal and has been fully briefed.  CASE recently filed a motion with the Court of Appeal requesting expedited oral argument.  We obviously want the court to hear the case as soon as possible to avoid additional financial hardship to our members.  The Court of Appeal has not yet ruled on our motion to expedite oral argument.  An amicus curiae brief in support of CASE’s position was recently filed by the Teacher’s Retirement Board.

Special Fund Furlough Case (Furlough Case #2 – Alameda County Superior Court case number RG09453982)

We are anticipating a ruling from the Alameda County Superior Court any day.  As you may have heard, Judge Roesch issued a favorable ruling to CCPOA on Thursday, December 17th.  That case was argued the same day as the CASE Petition, and while there are discrete legal issues between the two cases, certainly the ruling in the CCPOA matter suggests that the judge takes a dim view of the notion that the Governor can declare an indefinite “emergency” and use that emergency to assert extraordinary power not conferred by law.

Constitutional Officers Furlough Case (Court of Appeal case number C061648)

While CASE is not a party to this appeal, we are closely monitoring its progress for obvious reasons.  The Sacramento ruling by Judge Marlette is on appeal and has been fully briefed.  No date for oral argument has been set.

Holiday Litigation (San Francisco County Superior Court case number CPF-09-509827)

There is a hearing in San Francisco County Superior Court set for January 12, 2010, on the merits of our petition which alleges that the State’s unilateral takeaway of Columbus Day and Lincoln’s Day holidays violated the state and federal contract clauses.  This morning, a Sacramento County Superior Court judge denied an attempt by DPA to get a hearing on their request to transfer our case to Sacramento.  DPA will presumably renew their request, but it is unclear when their renewed request will be heard.

SCIF Furlough Case (Court of Appeal case number A125292)

CASE’s victory in exempting all CASE members employed at SCIF is being appealed by the Governor.  The court recently granted the Governor an extension of time within which to file their reply brief.  However, both SCIF and the Controller, who were named as defendants in the trial court, have filed briefs supporting CASE’s arguments in the Court of Appeal.

Minimum Wage Case (Court of Appeal case number C061947)

The case interpreting the Supreme Court’s White v. Davis opinion, which will determine whether our members can get paid in the absence of a budget, is on appeal.  DPA’s brief is due December 30, 2009.  In the absence of a budget, CASE members could be in danger of not getting paid as early as July, 2010.

We will continue to keep you updated on these matters.  In the meantime, if you have any specific questions, please direct them to info@calattorneys.org.

As always, your support of CASE and your colleagues in Bargaining Unit 2 is greatly appreciated.

Sincerely,

The CASE Board of Directors