Breaking News: Two furlough days a month tentative final ruling

Final ruling: Schwarzenegger can order two furlough days a month

By Andrew McIntosh
amcintosh@sacbee.com

Published: Thursday, Jan. 29, 2009

A Sacramento Superior Court Judge today ordered state Controller John Chiang to implement a Schwarzenegger administration plan to furlough state workers two days a month, resulting in a 10 percent pay cut.

Judge Patrick Marlette issued the ruling this morning, rejecting arguments by several state workers' unions that the governor's plan to save $1.3 billion with unpaid time off was illegal and unconstitutional.

Marlette issued a tentative ruling early Thursday and made it final after hearing additional oral arguments from lawyers for state workers in the case this morning.

Marlette's ruling said the state's current budget crisis and lack of funds represented an emergency and the governor's order was "reasonable and necessary under the circumstances."

Chiang said in a statement that he would move immediately to implement Marlette's order with state workers' paychecks next month.

"However painful, this pay cut for state employees alone will not solve the state's budget deficit, nor will it allow me to avoid delaying more than $3 billion in tax refunds, college assistance and payments to programs that protect our most vulnerable and needy citizens," Chiang said. "I urge the governor and Legislature to work quickly to solve the State's $42 billion budget deficit and provide sufficient cash to get the state through the next few months."

The ruling is a major setback for state worker unions, which went to court in December and January in a bid to stop the furloughs from being implemented.

Barring any last minute appeal, the furloughs could begin Feb. 6 and will take place every first and third Friday of each month.

Jim Zamora, a spokesmen for the Service Employees International Union, Local 1000, said this morning that his members were disappointed.

"We've been bargaining continuously with the state for the past week and we hope that we can mitigate this at the bargaining table," Zamora said. "We think we can help the governor achieve his cost savings goals but also cause minimum disruption to the lives of 95,000 state workers that we represent and continue to provide quality public services."

Chris Voight, a staff director for the California Association of Professional Scientists, said his member organization would almost certainly appeal.

"Judges make mistakes," Voight said. "This one just did."

Voight said any appeal would also seek compensation for any wages lost by his 3,200 scientists members.

Matt David, Schwarzenegger's communications director, said state employees must share the burden of fixing the state's budget problems.

"State employees throughout California are hardworking public servants who play a vital role in providing government services to Californians, but as businesses and families across the state are cutting back to make ends meet - so must government," David said in a statement.

Source: Sacbee.com - Link