Are the California furloughs legal?
SACRAMENTO, Calif. -- California's Supreme Court of California is currently looking at lawsuits filed by over 100,000 state workers on whether the furloughs imposed by Governor Schwarzenegger are legal.
Schwarzenegger has made government workers take off unpaid days of work.
Currently there are three lawsuits before the State Supreme Court. Schwarzenegger implemented two furlough days a month to state workers, which amounts to about a 14 percent pay cut.
New story: Gov. Schwarzenegger brings back furloughs, says he has no choice (photos)
But Schwarzenegger's imposed cuts were the last resort, according to San Francisco news station KGO
A fiscal crisis prevented any other measure being taken by Schwarzenegger, report attorneys supporting the furloughs.
They said drastic measures had to be taken and there was no choice given to Governor Schwarzenegger. According to those attorneys Governor Schwarzenegger could set furloughs by executive order.
Representing 114,000 state workers against Governor Schwarzenegger, attorneys from various unions have since stated that furloughs violate labor agreements, including a guaranteed 40 hour week for workers and they have said that what Governor Schwartzenegger did was illegal.
Slideshow of Governor Schwarzenneger photos
"He can layoff the workers to save money. He can negotiate with the unions to save money. He can institute hiring freezes, travel freezes, overtime freezes. He can line-item veto budgets to achieve the exact same savings. He has all these options that are lawful -- he chose the one that is unlawful," reported attorney Patrick Whalen.
"The governor's ability to furlough state employees stems from his implied and inherent powers as the chief executive officer of the state of California," stated attorney David Tyra.
In all three of the recent lawsuits, a Sacramento superior court judge ruled in favor of Governor Schwarzenegger.
A decision on the issue will be made within the next 90 days.
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San Francisco residents can follow this and other news stories on local TV station KTVU. The news comes on in San Francisco at 4pm, 5pm and 6pm.
Related article:
Governor Shwartenegger brings back furloughs, says he has no choice.
Comments
The thing is what other options are there?
Amazing when California is meant to be such a rich state, I hope they can get it sorted out.
And how do other states managed to balance THEIR budgets then? Why can't California just copy what they are doing right?
Wow what a problem!
So tell me then, what IS the answer here?
Sacramento Legislators' salaries should be frozen til they get California's budget balanced and under control. Furlough is a tough decision. The good thing is that everyone is still employed! The state has to face reality. Voters are also at fault by voting "wish lists" and not budget prudent. The state pays better than other states to people who receive entitlements--an amount above the federal amount they receive. The state loves sanctuary cities and illegals. Has anyone seen the California State Code (you know, state laws?)set at the libraries?--it's one of the biggest sets compared to other states in the union. Most likely, not all good laws are not enforced. Californians (the legal ones--natives or naturalized) have been very patient, generous, and tolerant toward law breakers while they are shouted down/intimidated on freedom of speech and expression. Californians and California better wake up. Otherwise, everything is mute point! By then, it's useless to complain, whine, or argue which political party is better, because there won't be a California. Unrealistic? Try thinking, using common sense, opening your eyes, and take off those colored eyeglasses.
Totally agree!!
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