State Personnel Bd. v. Dept. of Personnel Admin. 8/27/03 CA3

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State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C032633A

Case Date: 08/27/2003

Preview:Filed 8/27/03

Opinion following rehearing

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)

STATE PERSONNEL BOARD, Plaintiff and Appellant, v. DEPARTMENT OF PERSONNEL ADMINISTRATION et al., Defendants and Respondents. ASSOCIATION OF CALIFORNIA STATE ATTORNEYS AND ADMINISTRATIVE LAW JUDGES et al., Plaintiffs and Respondents, v. DEPARTMENT OF PERSONNEL ADMINISTRATION et al., Defendants and Appellants. STATE PERSONNEL BOARD, Plaintiff and Respondent, v. DEPARTMENT OF PERSONNEL ADMINISTRATION et al., Defendants and Appellants. 1

C032633 (Super. Ct. No. 98CS03314)

C034943 (Super. Ct. No. 99CS00260)

C040263 (Super. Ct. No. 01CS00109)

OPINION ON REHEARING

APPEAL from a judgment of the Superior Court of Sacramento County, Lloyd G. Connelly, Judge, Gail D. Ohanesian, Judge, Ronald R. Robie, Judge. Affirmed with directions. Howard L. Schwartz, Chief Counsel, Marguerite D. Seabourn, Linda Diane Buzzini, for Defendant and Appellant and for Defendant and Respondent Department of Personnel Administration. Carroll, Burdick & McDonough, Ronald Yank, Gregg McLean Adam, for Defendant and Appellant Department of Forestry Firefighters. VanBourg, Weinberg, Roger & Rosenfeld, Matthew John Gauger, for Defendant and Appellant International Union of Operating Engineers. Bill Lockyer, Attorney General, David S. Chaney, Senior Assistant Attorney General, Damon M. Connolly and Miguel A. Neri, Supervising Deputy Attorneys General, as Amicus Curiae on behalf of Defendant and Appellant Department of Personnel Administration. Steven B. Bassoff, Eisen & Johnston Law Corporation, JayAllen Eisen, Marian M. Johnston, Jay-Allen Eisen Law Corporation and Jay-Allen Eisen, for Plaintiffs and Respondents Association of California State Attorneys and Administrative Law Judges etc. Elise S. Rose, Chief Counsel, Dorothy Bacskai Egel, Kronick, Moskovitz, Tiedemann & Girard and Susan R. Denious as Amicus Curiae State Personnel Board on behalf of California State Attorneys and Administrative Law Judges. Anne M. Giese for Defendant and Appellant California State Employees Association. VanBourg, Weinberg, Roger & Rosenfeld, William A. Sokol, Vincent A. Harrington, Matthew John Gauger, for Defendant and Appellant International Union of Operating Engineers. Bill Lockyer, Attorney General, Jacob Appelsmith, Senior Attorney General, Alicia M. B. Fowler, Supervising Attorney General, Michelle Littlewood, Deputy Attorney General, as Amicus Curiae Attorney General of California on behalf of Department of Personnel Administration. Elise S. Rose, Chief Counsel, Dorothy Bacskai Egel, Kronick, Moskovitz, Tiedemann & Girard and Susan R. Denious, for Plaintiff and Respondent State Personnel Board. Elise S. Rose, Chief Counsel, Dorothy Bacskai Egel, Kronick, Moskovitz, Tiedemann & Girard and Susan R. Denious for Plaintiff and Appellant State Personnel Board.

2

Carroll, Burdick & McDonough, Ronald Yank and Gregg McLean Adam, for Defendant and Respondent Department of Forestry Firefighters. Norman Hill, Chief Counsel, Wendy Breckon for Defendant and Respondent Department of Forestry and Fire Protection.

The California Constitution requires that the California State Personnel Board (SPB) "shall . . . review disciplinary actions" taken against state civil service employees. (Cal. Const., art. VII,

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