SAN FRANCISCO (CN) – In a win for Gov. Jerry Brown, San Francisco’s First District Court of Appeal defended Brown’s two- and three-day-per-month furloughs of state workers, which an Alameda judge has ruled were illegal.
“We agree with the governor that the furlough programs are valid,” Presiding Justice James Marchiano wrote for the court.
The furloughs, enacted in 2008 by then Gov. Arnold Schwarzenegger, reduced employee earnings by about 10 percent and lasted until June 30, 2010, having been expanded in 2009 from two days to three.
Alameda County Superior Court Judge Frank Roesch found the governor did not have legal authority to institute furloughs in cases brought by the Union of American Physicians and Dentists, a state attorneys’ group and the Service Employees International Union Local 1000. The latest appellate reversal of his decision for the attorneys group makes it three of Roesch’s furlough rulings that have been overturned by the higher court this year, including those brought by the unions.While the attorneys’ group had argued that the Legislature’s 2009 enactment of the governor’s revised 2008 Budget Act could not be interpreted as a validation of his furlough plan, the appellate court disagreed, siding with earlier rulings that found legislative action validated the furlough days.