The State Worker

Chronicling civil-service life for California state workers

March 16, 2009
Read the CASE / SCIF lawsuit filings

Gavel.jpgCalifornia Attorneys, Administrative Law Judges and Hearing Officers in State Employment and SCIF employees Glen Grossman, Mark Henderson and Geoffrey Sims are suing Gov. Arnold Schwarzenegger, DPA Director Dave Gilb, Controller John Chiang and SCIF President Jan Frank. The case will be heard in San Franciso Superior Court on Friday.

We blogged about this last month, but In the ramp-up to upcoming court action, we're posting the CASE 18-page brief again here, plus the subsequent filings of the other parties in the case:

The CASE / SCIF employee petition
What it says: Schwarzenegger's furlough order shouldn't include SCIF employees. It doesn't get General Fund money, so furloughing its employees won't help the General Fund; the Legislature has specifically excluded SCIF from hiring freezes and staff cutbacks; the SCIF board is vested with the authority to run the fund. Interesting note: SCIF puts this statement in all advertising: "The State Compensation Insurance Fund is not a branch of the State of California." (18 pages)

Schwarzenegger and Gilb's opposition on the merits

What it says: The Sacramento Superior Court has already ruled on the governor's power to furlough state workers; CASE is misapplying the Insurance Code that cited as a basis for this lawsuit. (23 pages)

Chiang's repsonse
What it says: The controller takes no position. (3 pages)

Franks' response
What it says: Franks tried to get her department exempted and has "the best interests of the Fund's employees in mind." She'll abide by whatever the court says. (5 pages)

Corrected declaration by Frank
What is says: Frank states her willingness to testify in court; she more formally explains SCIF's attempt to gain a furlough exemption; includes a copy of Schwarzenegger's Dec. 19 furlough order. (6 pages)


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About The State Worker

Jon Ortiz The Author

Jon Ortiz launched The State Worker blog and a companion column in 2008 to cover state government from the perspective of California government employees. Every day he filters the news through a single question: "What does this mean for state workers?" Join Ortiz for updates and debate on state pay, benefits, pensions, contracts and jobs. Contact him at (916) 321-1043 and at


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