CONSULTING ENGINEERS AND LAND SURVEYORS OF CALIFORNIA, INC., v. PROFESSIONAL ENGINEERS IN CALIFORNIA GOVERNMENT

Filed 6/14/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

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CONSULTING ENGINEERS AND LAND SURVEYORS OF CALIFORNIA, INC., et al.,

Plaintiffs and Respondents,

PROFESSIONAL ENGINEERS IN CALIFORNIA GOVERNMENT,

Defendant and Appellant.

C048282

(Super. Ct. No. 03CS01654)

APPEAL from an order and judgment of the Superior Court of Sacramento County, Raymond M. Cadei, Judge. Affirmed.

Law Offices of Kelley Stimpel Martinez, Kelley Stimpel Martinez; Law Offices of James E. McGlamery and James E. McGlamery for Defendant and Appellant.

Stoel Rives and James P. Corn for Plaintiffs and Respondents.

Bill Lockyer, Attorney General, Louis R. Mauro, Senior Assistant Attorney General, Christopher E. Krueger, Vickie P. Whitney and Leslie R. Lopez, Deputy Attorneys General, for the Department of Transportation as Amicus Curiae on behalf of Plaintiffs and Respondents.

Story continue from Part I â€¦â€¦â€¦

In yet another effort to salvage provision 24, PECG claims Proposition 35's dictate that â€

Description	Union agreement between state and engineers employed by the state that mandated preferential use of civil service engineers over outside engineers except under specified circumstances. This permitted termination of existing outside engineering contracts and transfer of the work to civil service engineers after the contracts were reviewed by a committee dominated by union members; and required steps be taken, such as termination of outside contracts where possible, to minimize the displacement of state engineers resulting from contracting out engineering services conflicts with Proposition 35. This amended the constitution to allow the state to contract with private entities to obtain architectural and engineering services for public works of improvement and is unconstitutional.
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CONSULTING ENG. AND LAND SURVEYORS OF CAL., INC., v. PROFESSIONAL ENG Part II

Filed 6/14/06