Legal Opinion

Professional Engineers in California Government v. State Personnel Board

California Court of Appeal

Decided July 11, 2001No. C028402PublishedCited by 10 opinions

1Opinion of the Court

Opinion

MORRISON, J.

In this case we decide that the Career Executive Assignment (CEA) program does not violate the civil service mandate of the California Constitution. However, the implementing regulations that allow selection and transfer of applicants without ranking them violate statutes implementing the constitutional requirement of a “system based on merit ascertained by competitive examination.” As we recently held in Alexander v. State Personnel Bd. (2000) 80 Cal.App.4th 526, 542 [95 Cal.Rptr.2d 324] (Alexander), competition denotes a rivalry: “It encompasses a comparison of relative…

2Cases cited49 opinions

  1. Fletcher v. PeckSupreme Court of the United States · 1810
  2. Foley v. Interactive Data Corp.California Supreme Court · 1988
  3. United States v. KirbySupreme Court of the United States · 1869
  4. People v. KnowlesCalifornia Supreme Court · 1950
  5. Palermo v. Stockton Theatres, Inc.California Supreme Court · 1948

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3Cited by10 opinions

  1. Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc.California Court of Appeal · 2005
  2. Hastings v. Department of CorrectionsCalifornia Court of Appeal · 2003
  3. Manavian v. Dep't of Justice, California Court of Appeal, 5th District2018
  4. California State Personnel Board v. California State Employees Ass'n, Local 1000California Supreme Court · 2005
  5. Palmieri v. Cal. State Pers. Bd., California Court of Appeal, 5th District2018

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