SEIU Local 1000 has filed a brief in SEIU Local 1000 and Yvonne Walker v. Arnold Schwarzenegger, one of four furlough lawsuits scheduled for hearing in Alameda Superior Court on Nov. 16. The document lays out two broad arguments for overturning Gov. Arnold Schwarzenegger's furloughs:
- The governor abused his discretion by ordering an across-the-board furlough.
- The governor abused his discretion by furloughing employees at special fund, federally funded and self-supported departments and agencies.
You can view the union's 170-page filing by clicking here. (Requires Java.) It includes sworn declarations from state workers about how furloughs are affecting them.
The governor's legal team also filed this 145-page brief, defending his furlough orders. The analysis:
- The court is not empowered to issue mandamus relief to invalidate a discretionary act by the governor falling within his constitutional and statutory authority.
- Petitioner has failed to demonstrate that furloughing state employees regardless of the funding source for the agency in which they are employed, does not benefit the general fund or the overall fiscal well-being of the state.
The governor's brief includes declarations by state officials that furloughs haven't hampered departments' missions. There's an exhibit of state government entities and how much of their money comes from the general fund. And there's a transcript of the Jan. 29 furlough hearing in Sacramento Superior Court that ended with Judge Patrick Marlette determining that Schwarzenegger's furloughs are authorized by law.
IMAGE: www.ca.gov.yolocourts
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