Alameda County Furlough Ruling
February 26, 2010
Alameda Superior Court Judge Frank Roesch ruled yesterday that Governor Schwarzenegger must immediately cancel mandatory furloughs for employees in dozens of state departments which receive funding primarily from non-general fund sources. His long-awaited ruling, made originally on December 31, 2009, orders the state to pay all employees of the dozens of listed state agencies their full salary without any reductions pursuant to an illegal furlough and to restore any wrongly withheld salary.
The Governor has stated his intention to immediately appeal. The Governor will seek a stay of the ruling, meaning it would not take effect until the Court of Appeal hears and rules on the case. Typically, decisions involving the payment of money are stayed on appeal, but that will be determined by the court in short order.
Based on prior rulings, there is a good chance the judgment could be stayed pending resolution upon appeal meaning that furloughs will not stop and employees will not immediately receive checks for back pay. The Court of Appeal will almost certainly address other decisions made regarding the furlough of special fund employees within the jurisdiction of the First District Court of Appeal, centered in San Francisco. Among the cases pending before the court will be the January 21 ruling from San Francisco Superior Court on the CAPS special fund furlough lawsuit.
The CAPS lawsuit can be viewed here: