CONTRACTING OUT PUBLIC WORKS - OR DOES IT?

Size: px
Start display at page:

Download "CONTRACTING OUT PUBLIC WORKS - OR DOES IT?"

Transcription

1 By Ronald B. Wright Labor Relations Analyst Department of Water Resources State of California The decision to contract out public works projects is usually driven by concerns for economy, efficiency and timely performance. Is contracting out the solution to cost overruns and delays? Many public agencies face difficult decisions when urgent project needs are weighed against limited public funds and agency staffs which may be unable to perform due to a particular expertise required or pressing needs for other projects. A couple of recent court cases deal with the subject of contracting out public works projects. In a landmark decision, the State Supreme Court held that the civil service mandate in the California Constitution forbids private contracts for work that the state itself can perform adequately and competently. The Court applied the mandate to services that the state had historically or customarily performed. Originally, in 1990, the trial court granted an injunction barring future contracting out by Caltrans at the request of the state engineer s union, Professional Engineers in California Government (PECG). This prohibited Caltrans from private contracting for engineering and inspection services that state civil service employees had performed on highway projects. The trial court also found that Caltrans failed to show that the contracts were more cost effective or that state workers could not adequately perform the work. This brings up two critical components for successful contracting out. Agencies should first obtain cost estimates based on in-house civil service personnel, if available vs. the cost for contracting out. Second, a careful analysis of the work should determine if civil service personnel are adequate in terms of quantity and qualifications to adequately perform the work. Bridge repairs and seismic retrofits following earthquake or flood damage are typical projects which illustrate the need for comprehensive study and analysis prior to contracting. Minor damage is frequently repaired using civil service maintenance crews. However, serious or catastrophic damage often requires contracting out the work to engineering firms and private contractors who possess the particular expertise in terms of both staffing and specialty equipment to get urgent projects completed quickly. This is especially important in projects such as the Arroyo Passajaro Creek Bridge washout which closed Interstate 5 and the Northridge earthquake damage in Southern California. Firms such as C. C. Meyers, Peter Kiewit & Sons and Teichert have proven that they can mobilize staff and equipment quickly and provide restoration of critical public facilities such as Interstate 5 reopenings in record time. These exemplify contracting out in ways that are relatively easy to justify in the event of union challenges.

2 Page Two It is essential to determine whether private contracting is forbidden whenever the services could be provided adequately and competently by civil service personnel. If projects are contracted when civil servants could perform them, the contracting may violate Article VII of the State Constitution. While the Constitution does not expressly prohibit contracting out public works, it provides that civil service appointments and promotions should be made based on merit ascertained by competitive examinations. California courts have determined that restrictions on contracting are necessary to protect the civil service system from dissolution and destruction by excessive contracting. Unions have referred to this as constitutional protection from a return to the spoils system. Caltrans has been embroiled in court battles over the last seven years which provide valuable insight on the subject of contracting out. The major legal challenges can be summarized as follows: A trial court injunction barred Caltrans from private contracting for engineering and inspection services that state civil service employees had traditionally performed on state highway projects The California legislature passed Chapter 433, authored by then Senator Marian Bergeson, R Newport Beach. This legislation reflected broad approval of contracting out by Caltrans. According to State Supreme Court Justice Ming W. Chin, Caltrans took the position that this law undermined the Sacramento County Superior Court s decision and injunction against contracting out and justified their dissolution A California Court of Appeal in the Professional Engineers v. Department of Transportation case held that the state could properly release a former function in favor of privatization without violating civil service principles. The court concluded that Caltrans could contract with private firms to construct and operate tollways under leases, in order to provide funding unavailable through public financing arrangements. This privatization program was to be experimental and would not require state funding The trial court issued a decision declining to modify or dissolve the injunction The California Supreme Court ruled that Contracting by Caltrans is illegal, per front page headline in the Sacramento Bee on May 16, Subsequent to the 1993 passage of Chapter 433, Caltrans had announced that it would freeze the hiring of new employees and call for a 50% reduction in temporary help to eliminate perceived over staffing. Coincidentally, Governor Wilson announced publicly his administration s intent to privatize up to 50% of the state s civil service work force.

3 CONTRACTING OUT PUBLIC WORKS OR DOES IT? Page Three Caltrans had been accused of planned attrition, whereby public works staff decreases to the point where inability to handle major projects becomes inevitable. Once this occurs, the Agency must decide whether to contract out or increase staff. The decision quite often rests with budgetary and time constraints, but may also be politically charged due to opposing pressure from employee unions and private contractors. The State Supreme Court disagreed with the Court of Appeal, stating that principles announced in prior case law required a contrary holding. A key statement in the Supreme Court decision is If the constitutional civil service mandate is to retain any vitality as a protective device against the deterioration of the civil service system through private contracting, we must hold that Chapter 433 represents an invalid or ineffectual attempt to circumvent that constitutional mandate. The court stated, however, that nothing prevents Caltrans from seeking modification of the 1990 injunction based on a showing that particular contracts are justified because state workers cannot perform the work adequately and competently. In another case, the California Department of Water Resources (DWR) and the Central Coast Water Authority were recently sued unsuccessfully by the Professional Engineers in California Government. The state engineer s union challenged the constitutionality of contracting out a portion of a major public works project to bring water from the State Aqueduct into San Luis Obispo and Santa Barbara Counties. We can gain valuable insight from this case on the basic requirements for successfully contracting out public works projects. The strongly contested case held in Sacramento Superior Court resulted in a decision by Judge Roger Warren to deny the Union s writ for relief. In Judge Warren s words, There is no adverse impact. It met urgent needs which were supported by the evidence. It is a warranted extension of limited contracting out. Basically, the two government agencies, DWR and CCWA, entered into a Joint Powers Agreement to complete a 28-mile extension of the State Water Project. The extension was the last section of a pipeline running more than 100 miles which was necessary in order to bring badly needed water supplies to Santa Barbara County. The State engineers had begun the project and were about 80% complete when the Pasadena, California engineering firm of Montgomery Watson was engaged by CCWA to complete the last phase of the project. The firm had already completed local water infrastructure requirements in the Santa Barbara vicinity, but the overall project was behind schedule, due chiefly to environmental delays.

4 CONTRACTING OUT PUBLIC WORKS OR DOES IT? Page Four According to SELSOC, a California Association of Engineers and Land Surveyors in the private sector, Judge Warren s key findings at the trial included the following: 1. The Court considered why it was necessary to enter into the contract and found reasons in evidence that the Joint Powers Agreement and contract were good things to do. 2. Article VII of the State Constitution was not violated. 3. The project was vital to citizens of two counties who need the water and are paying for it through bond funding. The CCWA clearly demonstrated its need with testimony that the City of Goleta has been under a moratorium on new water connections for 25 years. 4. In Judge Warren s words, It is the Court s opinion that the citizens of California will laud the effort to bring this project in on time and under budget. 5. Civil service personnel were not sufficient and available to complete the project in a timely manner. Hiring additional civil service personnel would not meet the project s needs. 6. The Court concluded that the Joint Powers Agreement was warranted in the light of case law of contracting out and did not violate Article VII of the State Constitution. (The engineer s union sought to have the Court void the Joint Powers Agreement.) The California Legislature and voters continue to experience opportunities to accept or reject bills and constitutional amendments on the subject of contracting out. In March 1996, six Assembly bills, two constitutional amendments and two Senate bills were in process, all of which dealt with the concept of contracting out public work. Procontracting bills such as the Senate s Best Value Purchasing Act are being opposed by government employee union groups such as PECG s Taxpayers for Efficient Government. This group sponsored a competitive bidding initiative which would require the State Controller s Office to review bids prior to contract awards. The union recently turned in a ballot measure called the Government Cost Savings and Taxpayer Protection Amendment which qualified for the 1998 ballot with more than 1.2 million signatures. The amendment would amend the California Constitution to limit contracting out civil service work unless contracting was equal or less expensive and was subject to competitive bidding. California is not alone in the controversy over contracting out public work. States such as Hawaii and Pennsylvania also have competing bills and lawsuits in action on the subject of privatization and contracting for public services. The federal government is also involved with measures such as HR1119 and S 450 which provide additional limits to the amount of defense depot maintenance work that can be performed by the private sector.

5 Page Five Contracting out is often necessary when agencies find that staffs are inadequate to perform specialized projects, emergency rebuilding efforts and temporary work of unusual magnitude and short duration. When in-house public staff does not possess certain qualifications to meet specific project needs, contracting out may be warranted, rather than staffing up, particularly when project demands are of limited scope and duration. In some cases, urgent public health and safety or transportation needs leave no alternative other than to obtain necessary expertise in terms of specialized skills and quantity of qualified staff by limited use of contracting out. Therefore, civil service laws and union labor agreements can often be followed while contracting out public works projects which meet demonstrated needs or when agencies determine that they can contract out what they cannot accomplish with their own personnel resources. *** This article was authored by: Ronald B. Wright Labor Relations Analyst State of California, Department of Water Resources 1416 Ninth Street Sacramento, California (916)

The School Board s Role in Ballot Issues October 1, 2016

The School Board s Role in Ballot Issues October 1, 2016 The School Board s Role in Ballot Issues October 1, 2016 When citizens are elected to the school board, they individually retain their First Amendment rights to freedom of speech and association. Collectively,

More information

Questions and Answers about the Water Supply and Water Quality bond act for the November, 2018 ballot. Updated November 17, 2017

Questions and Answers about the Water Supply and Water Quality bond act for the November, 2018 ballot. Updated November 17, 2017 Questions and Answers about the Water Supply and Water Quality bond act for the November, 2018 ballot. Updated November 17, 2017 What is the need for more State investment in water resources? What is the

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 366. Short Title: Retail Workers' Bill of Rights. (Public)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 366. Short Title: Retail Workers' Bill of Rights. (Public) GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 0 H 1 HOUSE BILL Short Title: Retail Workers' Bill of Rights. (Public) Sponsors: Referred to: Representatives Brockman, Fisher, Harrison, and Holley (Primary

More information

700 CMR: MASSACHUSETTS DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 700 CMR 14.00: PREQUALIFICATION OF CONTRACTORS FOR HORIZONTAL CONSTRUCTION

700 CMR: MASSACHUSETTS DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 700 CMR 14.00: PREQUALIFICATION OF CONTRACTORS FOR HORIZONTAL CONSTRUCTION 700 CMR 14.00: PREQUALIFICATION OF CONTRACTORS FOR HORIZONTAL CONSTRUCTION Section 14.01: Definitions 14.02: Application for Prequalification of Contractors 14.03: Aggregate Bonding Capacity and Single

More information

REQUEST FOR PROPOSALS

REQUEST FOR PROPOSALS REQUEST FOR PROPOSALS FOR TEMPORARY STAFFING SERVICES Proposals must be received and receipted no later than 3:00 p.m. PDT, April 12, 2012 ABSOLUTELY NO EXCEPTIONS San Diego Workforce Partnership, Inc.

More information

Political Speech on Public Issues

Political Speech on Public Issues Political Speech on Public Issues Even non media corporations have free speech rights under the First Amendment. The rights of corporations in terms of political speech include: The right to circulate

More information

Chapter 22: Comparative Political Systems Section 4

Chapter 22: Comparative Political Systems Section 4 Chapter 22: Comparative Political Systems Section 4 Objectives 1. Examine elements of the United Kingdom s parliamentary democracy. 2. Describe regional and local government in the United Kingdom. 3. Analyze

More information

THE CHARTER OF THE HUNGARIAN FACILITY MANAGEMENT SOCIETY

THE CHARTER OF THE HUNGARIAN FACILITY MANAGEMENT SOCIETY THE CHARTER OF THE HUNGARIAN FACILITY MANAGEMENT SOCIETY THE CHARTER OF THE HUNGARIAN FACILITY MANAGEMENT SOCIETY Pursuant to Article 12 (1) of Act II of 989 on the Right of Association, the undersigned

More information

Chapter 2: The Political Environment

Chapter 2: The Political Environment Chapter 2: The Political Environment Key Revision Points Defining the Political Environment Inter-linkages occur in many ways, for example: Political decisions inevitably affect the economic environment.

More information

BID AND PURCHASING LAWS/BEST PRACTICES

BID AND PURCHASING LAWS/BEST PRACTICES BID AND PURCHASING LAWS/BEST PRACTICES BEFORE YOU DO ANYTHING, ASK YOURSELF THIS QUESTION. Is this purchase or contract for goods or services exempt from the bid laws? Exemptions: Piggy back off a contract

More information

Blight After Kelo. Redevelopment and Condemnation. Kirby A. Glaze Public-Private Partnership Project Management, Inc.

Blight After Kelo. Redevelopment and Condemnation. Kirby A. Glaze Public-Private Partnership Project Management, Inc. Blight After Kelo Redevelopment and Condemnation Kirby A. Glaze Public-Private Partnership Project Management, Inc. What is Kelo? What is Kelo? HIGH COURT EXPANDS REACH OF EMINENT DOMAIN FOXNEWS What is

More information

You Passed Your Bond Now What? a Part 3: Multi-Prime and Design-Build Project Delivery Methods and Project Labor Agreements

You Passed Your Bond Now What? a Part 3: Multi-Prime and Design-Build Project Delivery Methods and Project Labor Agreements You Passed Your Bond Now What? a Part 3: Multi-Prime and Design-Build Project Delivery Methods and Project Labor Agreements January 25, 2017 Presented By: Deidree Sakai Cameron Ward SAN FRANCISCO LONG

More information

RUTHANN G. ZIEGLER. Ruthann G. Ziegler Principal. 555 Capitol Mall, Suite 1200 Sacramento, CA 95814

RUTHANN G. ZIEGLER. Ruthann G. Ziegler Principal. 555 Capitol Mall, Suite 1200 Sacramento, CA 95814 RUTHANN G. ZIEGLER Ruthann Ziegler is a founding Principal of Meyers Nave s Sacramento office and has more than 30 years of experience in public law, representing municipalities and special districts throughout

More information

2005- City of Claremont Water Acquisition Timeline

2005- City of Claremont Water Acquisition Timeline Year 1928 2004 Significant Events Southern California Water Company acquires Claremont Domestic Water Company, a small water company serving Claremont. In 2004, Claremont officials and Southern California

More information

Community Development Districts Workshop

Community Development Districts Workshop Community Development Districts Workshop Planning & Zoning Department July 15, 2015 District Map 1 Community Development District (CDD) A Community Development District (CDD) means a governmental unit

More information

APA CALIFORNIA LEGISLATIVE UPDATE SEPTEMBER

APA CALIFORNIA LEGISLATIVE UPDATE SEPTEMBER APA CALIFORNIA LEGISLATIVE UPDATE SEPTEMBER 2017 By John Terell, AICP, Vice President Policy and Legislation Sande George, APA California Lobbyist Lauren De Valencia y Sanchez, APA California Lobbyist

More information

Federal Law Update. The New FLSA Overtime Exemption Rules. AIM HR Solutions. Presented by : Russ Sullivan. www. aim net. org

Federal Law Update. The New FLSA Overtime Exemption Rules. AIM HR Solutions. Presented by : Russ Sullivan. www. aim net. org Federal Law Update The New FLSA Overtime Exemption Rules Presented by : Russ Sullivan AIM HR Solutions @AIMHRSolutions #AIMHR blog.aimnet.org www. aim net. org 617. 262. 1180 Session Overview Challenges

More information

Format and organization of GAGAS Auditor preparation of financials is a significant threat to independence 3 party arrangements in government State

Format and organization of GAGAS Auditor preparation of financials is a significant threat to independence 3 party arrangements in government State The Yellow Book = GAGAS GAGAS = Generally Accepted Government Auditing Standards Overlay of Generally Accepted Auditing Standards (GAAS) issued by the Auditing Standards Board GAGAS contains the framework

More information

DEPUTY MANAGER I, DISTRICT AGRICULTURAL ASSOCIATION

DEPUTY MANAGER I, DISTRICT AGRICULTURAL ASSOCIATION DEPUTY MANAGER I, DISTRICT AGRICULTURAL ASSOCIATION Class Code: 4832 - Exam Code: 5FA36 Opening Date: 08/21/2015 Closing Date: 09/11/2015 Type of Examination: Departmental Open Salary: $4,392 - $5,456

More information

Pamela H. Salgado. Focus Areas. Overview

Pamela H. Salgado. Focus Areas. Overview Shareholder One Union Square 600 University Street, Suite 3200 98101 main: (206) 623-3300 direct: (206) 381-4928 fax: (206) 447-6965 psalgado@littler.com Focus Areas Discrimination and Harassment Leaves

More information

OVERVIEW OF DIGITAL INFRASTRUCTURE & VIDEO COMPETITION ACT OF 2006 (DIVCA)

OVERVIEW OF DIGITAL INFRASTRUCTURE & VIDEO COMPETITION ACT OF 2006 (DIVCA) OVERVIEW OF DIGITAL INFRASTRUCTURE & VIDEO COMPETITION ACT OF 2006 (DIVCA) This document provides a brief summary of some key sections of DIVCA. BACKGROUND The passage of DIVCA in August 2006 (effective

More information

September 13, 2000 FIRST QUESTION PRESENTED

September 13, 2000 FIRST QUESTION PRESENTED September 13, 2000 No. 8273 This opinion is issued in response to questions from Greg McMurdo, Executive Legal Officer, Oregon Department of Education, about public charter schools. FIRST QUESTION PRESENTED

More information

BEFORE THE ARBITRATOR. In the Matter of the Arbitration of a Dispute Between TOWN OF BELOIT (FIRE DEPARTMENT) and

BEFORE THE ARBITRATOR. In the Matter of the Arbitration of a Dispute Between TOWN OF BELOIT (FIRE DEPARTMENT) and BEFORE THE ARBITRATOR In the Matter of the Arbitration of a Dispute Between TOWN OF BELOIT (FIRE DEPARTMENT) and TOWN OF BELOIT FIREFIGHTERS INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2386, AFL-CIO

More information

Seattle Public Schools Office of Internal Audit. Internal Audit Report Construction Management Practices

Seattle Public Schools Office of Internal Audit. Internal Audit Report Construction Management Practices Seattle Public Schools Office of Internal Audit Issue Date: December 5, 2017 Introduction and Background In accordance with the fiscal year 2018 capital audit plan, we have completed an audit of the district

More information

Notice of Preparation For Link Union Station (Link US) Project. Joint Environmental Impact Statement and Environmental Impact Report

Notice of Preparation For Link Union Station (Link US) Project. Joint Environmental Impact Statement and Environmental Impact Report Notice of Preparation For Link Union Station (Link US) Project Joint Environmental Impact Statement and Environmental Impact Report Date: May 27, 2016 To: Subject: Project Title: From: All Interested Agencies,

More information

BROWN ACT ISSUES: THE PROBLEM OF THE SERIAL MEETING

BROWN ACT ISSUES: THE PROBLEM OF THE SERIAL MEETING BROWN ACT ISSUES: THE PROBLEM OF THE SERIAL MEETING NEW LEGISLATION TAKES EFFECT JANUARY 1, 2009 Your board meetings are timely and properly agendized, with descriptions of each item sufficient to put

More information

Request For Proposal Of Printing and Design Services. Marketing Department

Request For Proposal Of Printing and Design Services. Marketing Department Request For Proposal Of Printing and Design Services Marketing Department Released on June 3, 2016 Mosaic Youth Theatre of Detroit Printing and Design Services REQUEST FOR PROPOSAL (RFP) BACKGROUND Mosaic

More information

Chapter 2. Title VII of the Civil Rights Act of Statutory Basis. A Historic Rights Act 1/12/2009

Chapter 2. Title VII of the Civil Rights Act of Statutory Basis. A Historic Rights Act 1/12/2009 Employment Law for Business, 6 th ed. Bennett-Alexander Chapter 2 Title VII of the Civil Rights Act of 1964 Copyright 2007 by The McGraw-Hill Companies, Inc. All rights reserved. Statutory Basis a. It

More information

bureaucracy cabinet civil service independent agencies

bureaucracy cabinet civil service independent agencies Purpose Departments, agencies, and bureaus that administer laws (bureaucracy) touch every aspect of American life. This lesson examines the role of administrative departments and agencies in America s

More information

Labor Board Slugs Grand Slam, Smashing Obama-Era Rulings

Labor Board Slugs Grand Slam, Smashing Obama-Era Rulings Labor & Employment December 19, 2017 Labor Board Slugs Grand Slam, Smashing Obama-Era Rulings In a remarkable two days, the National Labor Relations Board firmly in Republican control slugged a grand slam,

More information

REQUEST FOR PROPOSAL FOR CONSTRUCTION MANAGEMENT SERVICES NOT AT RISK FOR THE. St. Charles County Ambulance District

REQUEST FOR PROPOSAL FOR CONSTRUCTION MANAGEMENT SERVICES NOT AT RISK FOR THE. St. Charles County Ambulance District REQUEST FOR PROPOSAL FOR CONSTRUCTION MANAGEMENT SERVICES NOT AT RISK FOR THE St. Charles County Ambulance District Base 3 & Training Facility Construction 4169 Old Mill Parkway St. Peters, MO 63376 September

More information

Labor & Employment Law Update

Labor & Employment Law Update , California 92260-4305 Mandatory Supervisory Harassment Training: Status of the Regulations Timothy L. Davis, Esq. * and Kelly A. Trainer, Esq. ** California employers have been waiting for the Fair Employment

More information

The New U.S. Pay Equity Laws: Answering the Biggest Questions

The New U.S. Pay Equity Laws: Answering the Biggest Questions The New U.S. Pay Equity Laws: Answering the Biggest Questions Created by Seyfarth s Pay Equity Group How will you remember 2016? As the year of a new president? The year of the Rio Olympics? Perhaps.

More information

Western Regional Pipeline Operators Conference San Diego March 8, 2016 Bob Gorham Program Manager Pipeline Safety Division CAL FIRE Office of the

Western Regional Pipeline Operators Conference San Diego March 8, 2016 Bob Gorham Program Manager Pipeline Safety Division CAL FIRE Office of the Western Regional Pipeline Operators Conference San Diego March 8, 2016 Bob Gorham Program Manager Pipeline Safety Division CAL FIRE Office of the State Fire Marshal CALIFORNIA REGULATORY UPDATE California

More information

NORTH OF THE RIVER MUNICIPAL WATER DISTRICT AND OILDALE MUTUAL WATER COMPANY

NORTH OF THE RIVER MUNICIPAL WATER DISTRICT AND OILDALE MUTUAL WATER COMPANY NORTH OF THE RIVER MUNICIPAL WATER DISTRICT AND OILDALE MUTUAL WATER COMPANY PREFACE: The 2012-2013 Kern County Grand Jury (Grand Jury) North of the River Ad-Hoc Committee (Committee) investigated the

More information

THE SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT

THE SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT 1 1 1 1 1 1 1 Mark R. Wolfe, CSB No. 1 M. R. WOLFE & ASSOCIATES, P.C. Telephone: Fax: (1) -0 mrw@mrwolfeassociates.com Attorney for Petitioner ORGANIZACION COMUNIDAD DE ALVISO, an unincorporated association,

More information

The Government of Canada

The Government of Canada The Government of Canada Table of Contents Introduction Legislative Part of Government Executive Part of Government Provincial and Local Government The Judiciary Elections in Canada GO GO GO GO GO GO Introduction

More information

Federal Labor Laws. Paul K. Rainsberger, Director University of Missouri, Labor Education Program Revised, September 2008

Federal Labor Laws. Paul K. Rainsberger, Director University of Missouri, Labor Education Program Revised, September 2008 Federal Labor Laws Paul K. Rainsberger, Director University of Missouri, Labor Education Program Revised, September 2008 XX. Successorship Issues A. The Effect of the Sale of a Plant on the Duty to Bargain

More information

pennsylvania DEPAR1MEN (fl-abor&1noustry THE SECRETARY

pennsylvania DEPAR1MEN (fl-abor&1noustry THE SECRETARY pennsylvania DEPAR1MEN (fl-abor&1noustry THE SECRETARY May 12, 2017 Pennsylvania Independent Regulatory Review Commission 333 Market Street 1 4th Floor Harrisburg, PA 17101 Re: Pennsylvania State Civil

More information

Employees with questions or concerns regarding working conditions or standards of conduct should follow the chain of command as described below:

Employees with questions or concerns regarding working conditions or standards of conduct should follow the chain of command as described below: SECTION 3 EMPLOYMENT The City of Logan is committed to providing a work environment that is free of discrimination. The City has further adopted a zero tolerance policy regarding harassment and discrimination

More information

Choosing a Project Delivery Method. A Design-Build Done Right Primer

Choosing a Project Delivery Method. A Design-Build Done Right Primer Choosing a Project Delivery Method A Design-Build Done Right Primer DESIGN-BUILD DONE RIGHT PRIMER 1 Choosing a Project Delivery Method A DESIGN-BUILD DONE RIGHT PRIMER A DESIGN-BUILD INSTITUTE OF AMERICA

More information

IX CIVICS CHAPTER-5 WORKING OF INSTITUTIONS

IX CIVICS CHAPTER-5 WORKING OF INSTITUTIONS IX CIVICS CHAPTER-5 WORKING OF INSTITUTIONS CONCEPTS: Need for Political Institutions A government has to perform various duties, formulate policies and implement them. Some have to formulate schemes,

More information

Request for Proposal For: 2018 American Bar Association Temporary Services

Request for Proposal For: 2018 American Bar Association Temporary Services Table of Contents Bid Timetable [2] 1.0 General Bid Information [3] 2.0 Proposal Requirements [5] 3.0 Criteria for Selection [7] 4.0 Specifications and Work Statement [7] Appendix A: Bidder Response Sheet

More information

MT. PLEASANT, MICHIGAN

MT. PLEASANT, MICHIGAN THE CITY OF MT. PLEASANT, MICHIGAN CITY HALL 320 W. Broadway St. 48858-2312 (989) 779-5300 (989) 773-4691 fax PUBLIC SAFETY 804 E. High 48858-3595 (989) 779-5100 (989) 773-4020 fax PUBLIC WORKS 1303 N.

More information

California Home Rule and State Economic Regulation

California Home Rule and State Economic Regulation California Home Rule and State Economic Regulation State Building and Construction Trades Council of California v. City of Vista, et al. State Building and Construction Trades Council of California v.

More information

Associate Transportation Planner

Associate Transportation Planner Page 1 of 6 COUNTY OF SANTA CLARA INVITES APPLICATIONS FOR THE POSITION OF: Associate Transportation Planner An Equal Opportunity Employer SALARY $47.11 - $57.27 Hourly $3,768.64 - $4,581.20 Biweekly $8,165.39

More information

THE UNION OF INTERNATIONAL MOUNTAIN LEADER ASSOCIATIONS UIMLA. UIMLA Statute.

THE UNION OF INTERNATIONAL MOUNTAIN LEADER ASSOCIATIONS UIMLA. UIMLA Statute. THE UNION OF INTERNATIONAL MOUNTAIN LEADER ASSOCIATIONS UIMLA UIMLA Statute www.uimla.org Date created May 2010 (Barcelona) Authors UIMLA statute Working Group Date modified 05 November 2010 Reviewed by

More information

MEMORANDUM DEBBIE MALICOAT, DIRECTOR OF ADMINISTRATIVE SERVICES

MEMORANDUM DEBBIE MALICOAT, DIRECTOR OF ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: CITY COUNCIL DEBBIE MALICOAT, DIRECTOR OF ADMINISTRATIVE SERVICES SUBJECT: CONSIDERATION OF A RESOLUTION AMENDING THE TITLE AND JOB DESCRIPTION OF THE CAPITAL PROJECTS ENGINEER POSITION

More information

1997 Part 2. Document B141. Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES

1997 Part 2. Document B141. Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES TM Document B141 Standard Form of Architect's Services: Design and Contract Administration 1997 Part 2 TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 2.2 SUPPORTING SERVICES 2.3 EVALUATION AND PLANNING

More information

Employment Application Human Resources Department

Employment Application Human Resources Department Employment Application Human Resources Department St. Petersburg Housing Authority 2001 Gandy Boulevard, St. Petersburg, FL 33702 (727) 323-3171 ext 224 FAX: (727) 209-6988 General Instructions (Please

More information

Family and Medical Leave Act. and Employee Relations Issues

Family and Medical Leave Act. and Employee Relations Issues 1 Family and Medical Leave Act and Employee Relations Issues Audrey Moore, Assistant Attorney General, Employment Litigation Bureau, Office of the Attorney General How Do I Know What To Do? The statute

More information

Lacey Act Due Care Certification of Compliance

Lacey Act Due Care Certification of Compliance 1511 Wisconsin Avenue, NW Washington, DC 20007 Telephone 202-338-3131 Email info@capitalmarketspartnership.com Web www.capitalmarketspartnership.com www.laceyduecare.com Lacey Act Due Care Certification

More information

Dealing With Union Organizing

Dealing With Union Organizing Dealing With Union Organizing Introduction ABC believes merit shop contractors and their employees have the right to choose to remain union free, in accordance with the law. A dramatic increase in union

More information

Unfair Dismissals Acts, 1977 to 2001

Unfair Dismissals Acts, 1977 to 2001 Explanatory Booklet for Employers and Employees Unfair Dismissals Acts, 1977 to 2001 Explanatory Booklet This book is intended to give a general guidance to employers and employees about the Unfair Dismissals

More information

Environmental Regulation: Updates from Tallahassee and Washington. Malcolm N. Means July 2017

Environmental Regulation: Updates from Tallahassee and Washington. Malcolm N. Means July 2017 Environmental Regulation: Updates from Tallahassee and Washington Malcolm N. Means July 2017 State Regulation 2 Pollution Notification Rule Fall 2016 Governor Scott orders DEP to issue an emergency rule

More information

JOC 101. Questions and Answers

JOC 101. Questions and Answers JOC 101 Questions and Answers Prepared by the Center for Job Order Contracting Excellence for The National Association of State Facilities Administrators 10-2009 2 Background JOC Questions and Answers

More information

California s New Fair Pay Law: What It Means for Your Business

California s New Fair Pay Law: What It Means for Your Business California s New Fair Pay Law: What It Means for Your Business by Christopher Olmsted, Esq. Ogeltree Deakins The California Fair Pay Act (FPA), a state law that codifies the principle that an employee

More information

RULES OF THE DEPARTMENT OF MANAGEMENT SERVICES PERSONNEL MANAGEMENT SYSTEM CHAPTER 60L-33 APPOINTMENTS AND STATUS

RULES OF THE DEPARTMENT OF MANAGEMENT SERVICES PERSONNEL MANAGEMENT SYSTEM CHAPTER 60L-33 APPOINTMENTS AND STATUS RULES OF THE DEPARTMENT OF MANAGEMENT SERVICES PERSONNEL MANAGEMENT SYSTEM CHAPTER 60L-33 APPOINTMENTS AND STATUS 60L-33.001 Scope (Repealed) 60L-33.002 General Principles 60L-33.003 Status 60L-33.0031

More information

12 Year History of Santa Barbara Channelkeeper Research, Outreach and Advocacy Efforts on Santa Barbara s Sewage Problems

12 Year History of Santa Barbara Channelkeeper Research, Outreach and Advocacy Efforts on Santa Barbara s Sewage Problems 12 Year History of Santa Barbara Channelkeeper Research, Outreach and Advocacy Efforts on Santa Barbara s Sewage Problems November 2000 Santa Barbara Channelkeeper (SBCK) sent a letter to the City of Santa

More information

.201 Today and Tomorrow: A Workshop on EMS System Coordination

.201 Today and Tomorrow: A Workshop on EMS System Coordination A Summary of Issues Related to H&SC 1797.201 For.201 Today and Tomorrow: A Workshop on EMS System Coordination May 4, 2010 Sacramento, California Emergency Medical Services Administrators Association of

More information

SAN RAFAEL CITY COUNCIL AGENDA REPORT

SAN RAFAEL CITY COUNCIL AGENDA REPORT Agenda Item No: 5.b Meeting Date: March 6, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: CITY ATTORNEY S OFFICE Prepared by: Lisa A. Goldfien, Assistant City Attorney City Manager Approval: TOPIC:

More information

PUBLIC RECORDS PRACTICES AFTER THE SAN JOSÉ DECISION

PUBLIC RECORDS PRACTICES AFTER THE SAN JOSÉ DECISION PUBLIC RECORDS PRACTICES AFTER THE SAN JOSÉ DECISION Thursday, July 20, 2017 10:00a.m. - 11:30a.m. Jolie Houston, Interim City Attorney, City of Merced Assistant City Attorney, City of Gilroy Partner,

More information

Human Resources: Employee Relations

Human Resources: Employee Relations MANAGEMENT OBJECTIVE Return to Table of Contents BACKGROUND Ensure that employment policies and procedures minimize negative consequences to the entity by clearly communicating the employer's and employees'

More information

SANTA CRUZ LOCAL AGENCY FORMATION COMMISSION SPHERES OF INFLUENCE POLICIES AND GUIDELINES

SANTA CRUZ LOCAL AGENCY FORMATION COMMISSION SPHERES OF INFLUENCE POLICIES AND GUIDELINES SANTA CRUZ LOCAL AGENCY FORMATION COMMISSION SPHERES OF INFLUENCE POLICIES AND GUIDELINES I. Legislative Authority Amended by Resolution No. 2011-1; February 2, 2011 The Knox-Nisbet Act of 1963 (former

More information

Pipelines to Nowhere? Structural Responses to Climate Change and Population

Pipelines to Nowhere? Structural Responses to Climate Change and Population Pipelines to Nowhere? Structural Responses to Climate Change and Population Presented by James Lochhead, Esq. Brownstein Hyatt Farber Schreck, LLP bhfs.com Evolving Strategies of Water Supply Development

More information

Los Angeles Area Chamber of Commerce, 08/05/14

Los Angeles Area Chamber of Commerce, 08/05/14 Los Angeles Area Chamber of Commerce, 08/05/14 Overview California s global trade position Trade Corridors Improvement Fund (TCIF) Federal and State Encouragement & Requirements California Freight Advisory

More information

Qualifications-Based Selection: Your Path to Success. Manager, QBS Coalition Executive Director, ACEC MI & ASCE MI

Qualifications-Based Selection: Your Path to Success. Manager, QBS Coalition Executive Director, ACEC MI & ASCE MI Qualifications-Based Selection: Your Path to Success Presenter: Ronald W. Brenke, PE Manager, QBS Coalition Executive Director, ACEC MI & ASCE MI Agenda What is QBS? Who created QBS? The QBS Selection

More information

Recent Developments in the Law of Professional Responsibility: Lawyers and out-of-court Misconduct David Gottlieb

Recent Developments in the Law of Professional Responsibility: Lawyers and out-of-court Misconduct David Gottlieb Recent Developments in the Law of Professional Responsibility: Lawyers and out-of-court Misconduct David Gottlieb May 29-30, 2014 University of Kansas School of Law Developments in the Law Professional

More information

JOB RECRUITMENT: COURT REPORTER APPLICATION DEADLINE: SEPTEMBER 1, 5 PM

JOB RECRUITMENT: COURT REPORTER APPLICATION DEADLINE: SEPTEMBER 1, 5 PM JOB RECRUITMENT: COURT REPORTER APPLICATION DEADLINE: SEPTEMBER 1, 2017 @ 5 PM About the Position The Superior Court of California, County of Santa Cruz is seeking highly qualified candidates to create

More information

Louisiana Society for Human Resource Management

Louisiana Society for Human Resource Management Louisiana Society for Human Resource Management 2017 Regular Session Bills of Interest The following are summaries of bills pending before the Louisiana Legislature during the 2017 Regular Session, and

More information

UBC POLI 101 Canadian Politics. The Federal System. Federalism

UBC POLI 101 Canadian Politics. The Federal System. Federalism UBC POLI 101 Canadian Politics The Federal System (not Constitutional Mega-Politics) http://www.politics.ubc.ca/fcutler/teaching/poli101 1 Federalism Separate orders of government defined by the Constitution

More information

Florence October 29 November 2, 2014 LABOUR LAW COMMISSION OUTSOURCING, SUBCONTRACTING AND STAFF LEASING

Florence October 29 November 2, 2014 LABOUR LAW COMMISSION OUTSOURCING, SUBCONTRACTING AND STAFF LEASING 58 th UIA CONGRESS Florence October 29 November 2, 2014 LABOUR LAW COMMISSION Saturday, 1 November 2014 OUTSOURCING, SUBCONTRACTING AND STAFF LEASING Hervé Duval - KGA Avocats 44, avenue des Champs-Elysées

More information

Ethics for NC Local Elected Officials

Ethics for NC Local Elected Officials Ethics for NC Local Elected Officials Essentials of Municipal Government Frayda Bluestein Norma Houston Ethics in Government What s It All About? Trust in Government Ethics in Government What s It All

More information

3.0 CUMULATIVE PROJECTS SCENARIO

3.0 CUMULATIVE PROJECTS SCENARIO 3.0 CUMULATIVE PROJECTS SCENARIO The CEQA Guidelines define cumulative impacts as two or more individual effects that, when considered together, are considerable or which compound or increase other environmental

More information

State Highway Patrol Leadership Advisory Group. Final Recommendations

State Highway Patrol Leadership Advisory Group. Final Recommendations State Highway Patrol Leadership Advisory Group Final Recommendations Purpose: Governor s Issue Number Four: "How to Rebuild the Focus on Integrity, Honor and the Proud Heritage of the Patrol and Issue

More information

Employment Law Update

Employment Law Update SIGNIFICANT CHANGES TO THE FEHA: ARE YOU PREPARED FOR 2015? Kelly A. Trainer, a partner in Burke s Orange County office, represents and advises employers on matters involving numerous federal and state

More information

BUSINESS PRACTICE MANUAL CHANGE MANAGEMENT CAISO RESPONSE TO APPEALS

BUSINESS PRACTICE MANUAL CHANGE MANAGEMENT CAISO RESPONSE TO APPEALS BUSINESS PRACTICE MANUAL CHANGE MANAGEMENT CAISO RESPONSE TO APPEALS I. Introduction The CAISO followed its business practice manual change management process 1 and submitted proposed revision request

More information

May 7, California Coastal Commission South Central Coast Area 89 South California Street, Suite 200 Ventura, CA 93001

May 7, California Coastal Commission South Central Coast Area 89 South California Street, Suite 200 Ventura, CA 93001 May 7, 2014 California Coastal Commission South Central Coast Area 89 South California Street, Suite 200 Ventura, CA 93001 Re: Item W21a: Substantial Issue Determination on Appeal of Commissioners Jana

More information

PUBLIC AUTHORITY BOARD MEMBER DUTIES Anita Laremont, SVP - Legal & General Counsel Empire State Development Corporation December 2005

PUBLIC AUTHORITY BOARD MEMBER DUTIES Anita Laremont, SVP - Legal & General Counsel Empire State Development Corporation December 2005 PUBLIC AUTHORITY BOARD MEMBER DUTIES Anita Laremont, SVP - Legal & General Counsel Empire State Development Corporation December 2005 I. The duties and legal responsibilities of board of director members

More information

Community Choice Aggregation An Alternative Way to Providing Electricity Service By Local Government By Greg Stepanicich*

Community Choice Aggregation An Alternative Way to Providing Electricity Service By Local Government By Greg Stepanicich* Community Choice Aggregation An Alternative Way to Providing Electricity Service By Local Government By Greg Stepanicich* I. INTRODUCTION Historically in California, a city could provide electricity to

More information

Grade 10. Duration 30 min. for lesson and activity description Additional time for resume completion, resume reviewing, and class election

Grade 10. Duration 30 min. for lesson and activity description Additional time for resume completion, resume reviewing, and class election North Carolina s Council of State Overview Students will learn about the members of North Carolina s Council of State and their roles within state government. Grade 10 NC Essential Standards for 10 th

More information

THE COURT OF AUDITORS: A EUROPEAN COMPARISON

THE COURT OF AUDITORS: A EUROPEAN COMPARISON THE COURT OF AUDITORS: A EUROPEAN COMPARISON EXECUTIVE SUMMARY One of the few positive things that we, the Spanish, can take from the economic and institutional crisis of the last few years, is a growing

More information

Labour Law. Newsletter Special Volume. Brave new (temporary) world of work? German Cabinet approves bill

Labour Law. Newsletter Special Volume. Brave new (temporary) world of work? German Cabinet approves bill Labour Law Newsletter Special Volume Brave new (temporary) world of work? German Cabinet approves bill Brave new (temporary) world of work? German Cabinet approves bill to combat misuse of temporary work

More information

MTA EMPLOYMENT RELATIONS FACT SHEET

MTA EMPLOYMENT RELATIONS FACT SHEET MTA EMPLOYMENT RELATIONS FACT SHEET FAIR WORK ACT 2009 UNFAIR AND UNLAWFUL DISMISSAL 18 September 2009 Operative: On and from 1 July 2009 A fair go all round The Fair Work Act 2009 Part 3-2 Unfair dismissal

More information

WAGE AND HOUR DEVELOPMENTS THAT AFFECT ALL CALIFORNIA EMPLOYERS

WAGE AND HOUR DEVELOPMENTS THAT AFFECT ALL CALIFORNIA EMPLOYERS WAGE AND HOUR DEVELOPMENTS THAT AFFECT ALL CALIFORNIA EMPLOYERS By: Nancy Bertrando NBertrando@GreenbergGlusker.com (310) 201-7483 I. MINIMUM WAGE UPDATE A. Federal and State Requirements The current federal

More information

MINIMUM WAGE AND EARNED PAID SICK TIME FAQS: UPDATED CONTENT (REV. MAY 23, 2017)

MINIMUM WAGE AND EARNED PAID SICK TIME FAQS: UPDATED CONTENT (REV. MAY 23, 2017) INDUSTRIAL COMMISSION OF ARIZONA 800 W WASHINGTON STREET PHOENIX, ARIZONA 85007 (602) 542-4661 DISCLAIMER: This is an unofficial publication of the Industrial Commission of Arizona. All information provided

More information

Adopted by the State Duma on September 22, 1999

Adopted by the State Duma on September 22, 1999 FEDERAL LAW NO. 184-FZ OF OCTOBER 6, 1999 ON THE GENERAL PRINCIPLES OF THE ORGANIZATION OF THE LEGISLATIVE (REPRESENTATIVE) AND EXECUTIVE ORGANS OF STATE POWER OF THE SUBJECTS OF THE RUSSIAN FEDERATION

More information

ON PREVENTION OF CONFLICT OF INTEREST IN DISCHARGE OF PUBLIC FUNCTIONS LAW ON PREVENTION OF CONFLICT OF INTEREST IN DISCHARGE OF PUBLIC FUNCTIONS

ON PREVENTION OF CONFLICT OF INTEREST IN DISCHARGE OF PUBLIC FUNCTIONS LAW ON PREVENTION OF CONFLICT OF INTEREST IN DISCHARGE OF PUBLIC FUNCTIONS Republika e Kosovës Republika Kosovo - Republic of Kosovo Kuvendi - Skupština - Assembly Law No. 04/L-051 ON PREVENTION OF CONFLICT OF INTEREST IN DISCHARGE OF PUBLIC FUNCTIONS Assembly of Republic of

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ALAMEDA UNLIMITED CIVIL JURISDICTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ALAMEDA UNLIMITED CIVIL JURISDICTION MONTGOMERY STREET, SUITE 00 SAN FRANCISCO, CALIFORNIA 0 0 RYAN J. PATTERSON (SBN ) JAMES B. KRAUS (SBN ) JOHNATHON H. CROOK (SBN ) ZACKS, FREEDMAN & PATTERSON, PC Montgomery Street, Suite 00 San Francisco,

More information

HOUSTON S TRAVEL RATE IMPROVEMENT PROGRAM

HOUSTON S TRAVEL RATE IMPROVEMENT PROGRAM HOUSTON S TRAVEL RATE IMPROVEMENT PROGRAM TOOLBOX OF IMPROVEMENT STRATEGIES MANAGE THE CONSTRUCTION AND MAINTENANCE Prepared for Greater Houston Partnership Prepared by Texas Transportation Institute The

More information

EFFECTIVE BOARD MANAGEMENT RELATIONS

EFFECTIVE BOARD MANAGEMENT RELATIONS EFFECTIVE BOARD MANAGEMENT RELATIONS R. Adam McBride, Port Director Port of Lake Charles Harry C. Hank, President Port of Lake Charles HARRY C. HANK ADAM MCBRIDE (1) Effective Board Management relations

More information

Challenge for Mayoral Candidates:_ Professional Services Contracting Reform

Challenge for Mayoral Candidates:_ Professional Services Contracting Reform Challenge for Mayoral Candidates:_ Professional Services Contracting Reform April 12, 2006 Introduction Over the course of many years, the Bureau of Governmental Research has repeatedly advocated specific

More information

JOB RECRUITMENT SELF HELP CLERK

JOB RECRUITMENT SELF HELP CLERK JOB RECRUITMENT SELF HELP CLERK (Bilingual Required) APPLICATION DEADLINE: June 23, 2017 @ 5 PM About the Position The Superior Court of California, County of Santa Cruz is seeking qualified candidates

More information

CHAPMAN AND GRAY CREEK WATERSHED RESERVES: A HISTORY

CHAPMAN AND GRAY CREEK WATERSHED RESERVES: A HISTORY CHAPMAN AND GRAY CREEK WATERSHED RESERVES: A HISTORY [Based on research by the Sunshine Coast Conservation Association] Abbreviations: SCRD = Sunshine Coast Regional District IRMS = Integrated Resource

More information

Response to Grand Jury Report "Santa Clara Valley Water District-Part - Part 2- New Water Quality Laboratory Building-Overbuilt and Underused?

Response to Grand Jury Report Santa Clara Valley Water District-Part - Part 2- New Water Quality Laboratory Building-Overbuilt and Underused? Response to Grand Jury Report "Santa Clara Valley Water District-Part - Part 2- New Water Quality Laboratory Building-Overbuilt and Underused? Finding 1 Building costs for the Water Quality Lab were initially

More information

IDENTIFYING SIGNIFICANT ENVIRONMENTAL ISSUES PROTOCOL

IDENTIFYING SIGNIFICANT ENVIRONMENTAL ISSUES PROTOCOL IDENTIFYING SIGNIFICANT ENVIRONMENTAL ISSUES PROTOCOL ETCI, INC. INTRODUCTION Identifying significant environmental issues is supposed to be one of the principal objectives of NEPA scoping, but no formal

More information

Scott Blakeley, Esq. How We Got Here: A Brief Background of the Credit Card Litigation. The Retailer Lawsuits and Class Settlement

Scott Blakeley, Esq. How We Got Here: A Brief Background of the Credit Card Litigation. The Retailer Lawsuits and Class Settlement THE SECOND CIRCUIT COURT S DECISION REJECTING THE CREDIT CARD CLASS ACTION SETTLEMENT: WHAT IT MEANS TO A SUPPLIER S RIGHT TO SURCHARGE IN THE B2B SPACE? Scott Blakeley, Esq. Credit Research Foundation

More information

2018 Texas Senate Questionnaire

2018 Texas Senate Questionnaire 2018 Texas Senate Questionnaire INTRODUCTION will make endorsements during the 2018 primary and general elections. We do not always endorse a candidate in every race where one is sought. To be considered

More information

Improving Representation in the Judiciary: A Diversity Strategy. June 27, 2012

Improving Representation in the Judiciary: A Diversity Strategy. June 27, 2012 Improving Representation in the Judiciary: A Diversity Strategy June 27, 2012 1 AGENDA Diversity and the Judiciary Legal Leadership in the GTA (2011) Representation In Provincial And Federal Courts (2012)

More information

ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT CONSULTANT SELECTION PROCEDURES FOR ENGINEERING AND DESIGN RELATED SERVICES

ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT CONSULTANT SELECTION PROCEDURES FOR ENGINEERING AND DESIGN RELATED SERVICES ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT CONSULTANT SELECTION PROCEDURES FOR ENGINEERING AND DESIGN RELATED SERVICES Section I Application (These procedures do not apply to Design-Build Contracts.)

More information