Posted on 01/04/2010 10:25:21 AM PST by BenLurkin
Gov. Schwarzenegger thought he'd been able to stave off total economic collapse in California by putting state employees on furlough three times a month, but now the Alameda Superior Court found differently this week. From the Sacramento Bee:
In three rulings released late Thursday, Judge Frank Roesch said the governor's reliance on the state's Emergency Services Act to order three furlough days a month, triggering pays cuts of almost 15 percent, was flawed and illegal.
The judge was silent on the issue of back pay. Union lawyers said they'll seek it.
Schwarzenegger turned to furloughs because the budget crisis required drastic action, a fact disregarded by the unions in refusing to accept paycuts. And any time the governor tries to cut a program from the budget, he could get sued. Of course, as the article indicates furloughs are a way of trimming wages. The problem is that Schwarzenegger, as governor, should be able to trim the workforce as he needs, but he cannot thanks to the chokehold on state finances held by the Service Employees International Union. A paycut for state workers would cause a reduction in member dues, meaning a paycut for union officials after all.
The takeaway: When confronted with a crisis, union officials would rather protect their own posh lifestyles and demand higher taxes than face economic reality. No wonder gubernatorial candidate and former congressman Tom Campbell has just endorsed the Citizen Power Initiative, which seeks to eliminate the use of public employee wage deductions to pay for political activities.
(Excerpt) Read more at washingtonexaminer.com ...
Okay, they’re fired. Happy Your Honor?
Back pay for not working?
Time to fire the judges.
Hey judge, is it illegal for the state of California to remove money from my paycheck and call it an interest free loan and promise to give it back in April? I guess since I don’t work for the government and am not in a union, your answer will be a resounding NO.
And next year, they could cut the state budget in half again.
Damn judges here in California has run the State for a long time.
NO, sorry the judge informs me that it would be unconstitutional to cut the budget. He tells me, you can't fire state employees or cut social programs, because the state constitution does not allow such a thing.
;)
Arnnie has no sympathy from me.. He should never have signed anything remotely this riduculous to begin with. Arnnie wants to play the middle in CA.. Not going to happen, the left will eat their own every time they need to.
Fire them.. Arnnie should say one out of every three state employees will lose their jobs, and demand that management is also included in the job cuts. The job cuts will be by lottery, which will be publicly drwan one week from today.
There, how’s that for action.. :)
Tim-
OK....let the state employees continue to work for no pay because there is no money. The easiest way to settle things is to pay the lowest payed first and when the money runs out, stop paying. The people at the top will fix things real fast when they don’t get payed.
Dear Judge,
I realize your Judicial Order for me to stop furloughs of Public Employees is valid, and we will appeal. But I am informing you that The State of California is moving to SEIZE all your assets for the Public Benefit. I know you think this is retaliation on our part and well it is, but the KELO decision gives us that right, and there is nothing you can do about it.
Have a nice day Judge.
That judge would be in the unemployment line if I ran the state!
Ahnold the stupid, made the mistake of not using massive force against these evil Rats at the outset.
He should have cut the taxes that got him elected (and more), then taken the state into bankruptcy as quickly as possible. No bond measures or sales to allow the state to limp along while the Marxist thieves consolidate power.
All contracts would be void and the Governor could fire everybody.
I can’t help but wonder if CA will ever grown up and stop acting irresponsibly. How about cut the size of government down to something affordable?
No. The Gov can try not to pay the court it's operating budget, but a court order would probably get around that.
Interestingly, any Federal court except SCOTUS can be dissolved by an act of Congress, and those courts cannot defend themselves with a court order (separation of powers).
Have the National Guard haul the judge off.
Replace "back pay" with "pay back" and the above makes more sense.
.
Only with a legal implementation of martial law. Not necessary so it won't happen.
The key is bankruptcy, Federal court.
Normally simple, distribute remaining assets to creditors in a fair ratio, all contracts voided, and the entity disappears.
If the entity is allowed to remain, all creditors (this includes employees (salaries)), must share in the pain of loss, however creditors have never been required to put additional funds at risk to recover their share of a bankruptcy (new taxes and fees would be additional funds at risk).
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