Citation
Schwarzenegger v. Chiang, No. C061648 (Cal. App. 3d Dist.)
Resolution
The court held that the constitutional officers were “civil executive officers” under California statute, and their employees were therefore subject to the jurisdiction of the Personnel Board with respect to the non-merit aspects of their employment. Furloughs are considered a non-merit aspect of employment. The court disagreed with the contention of the constitutional officers that this would allow impermissible interference by the governor in the powers and duties of the constitutional officers, because the governor’s ability to order furloughs is limited by California statute to circumstances in which the governor has a “legitimate reason to reduce the hours of state employees in this manner, one that is related to the legitimate needs of state agencies. . . in this case at least, the governor’s action was not arbitrary or capricious, and does not impermissibly interfere with the powers and duties of other elected civil executive officers.”