Caltrans raises the preliminary question whether we should overrule the substantial body of case law holding that article VII restricts private contracting and in this manner free Caltrans from its obligations under the 1990 [15 Cal. ), The majority note that the trial court's 1990 injunction has become final, and that Caltrans has never challenged the trial court's earlier findings and conclusions. This entertaining one-hour documentary takes the viewer around the world in search of technologies and policies that will address the serious problem of excessive carbon dioxide emissions and our dangerous dependence on foreign oil. 3d 840, 846 [245 Cal. Moreover, the contracting authorized by Chapter 433 will not encourage a return to the spoils system of political patronage. California Legislative Council of Professional Engineers v. San Diego Community College Dist. 3d 390, 397 [86 Cal. (b). This significant increase in project delivery capability must continue in order for the department to meet its commitments for timely project delivery." See, e.g., In re M.S. Respondents' petition for a rehearing was denied July 16, 1997. (Art. Indeed, one study plaintiffs submitted to the trial court indicated that the cost of private contracting was substantially greater than the cost of using civil service staff. 3d 692, 699 [170 Cal. omitted. Rptr. In holding otherwise, the majority inappropriately substitute their judgment for that of the Legislature and improperly limit the Department of Transportation's (Caltrans's) opportunities to take advantage of private sector efficiencies. Fund v. Riley (1937) 9 Cal. (CSEA, supra, 199 Cal.App.3d at p. An applicant for licensure as a Professional Engineer must meet the qualifying experience requirements outlined in Business and Professions Code sections 6751 (c) and 6753 and Title 16, California Code of Regulations section 424. Thus, merely characterizing work as "short-term" does not justify using private contractors to perform it. opn., ante, at p. As will appear, we conclude that no proper ground exists for overruling the private contracting restriction of prior case law, that the provisions of Chapter 433 on which Caltrans relies conflict with the constitutional principles of this case law, and that, accordingly, the trial court did not abuse its discretion in declining to modify or dissolve its earlier injunction. 'Rather, it emanates from an implicit necessity for protecting the policy of the organic civil service mandate against dissolution and destruction.' (Turner Broadcasting System, Inc. v. FCC (1994) 512 U.S. 622, 666 [114 S. Ct. 2445, 2471, 129 L. Ed. Rptr. Companies (1988) 46 Cal. 3d 501, 514 [217 Cal. The majority determine that Chapter 433 does not contain findings that would excuse noncompliance with the civil service mandate or afford a legitimate basis for disregarding the constitutional restriction on private contracting. Eraina Ortega (916) 324-0476 . Miller v. Municipal Court (1943) 22 Cal. (41 U.S.C. ( 14130, subd. It is for the Legislature to find the facts and it falls to us to respect those findings unless they are clearly wrong-wrong without reasoned dispute or the influence of opposing perspectives. Nevertheless, I agree with the majority that Riley and its progeny need not be overruled at this time. 1209 (1993-1994 Reg. Code, 18500 et seq.) Rptr. (Maj. Caltrans never even contended such in the trial court, much less produced any evidence showing such to be the case [citation]." (CSEA, supra, 199 Cal.App.3d at p. 2d 176], Caltrans sought to enter into contracts with private firms to maintain roadside rest areas. As we explained in a case interpreting another constitutional measure, " we deal with a constitutional provision [Cal. " (Amwest Surety Ins. 3. Plaintiffs, contending that Chapter 433 did not authorize Caltrans's scheduled contracting, sought an order holding Caltrans in contempt for violating the 1990 injunction. (^qq%q%ARm,k\tESrEq\?bjrA!9 The applicant must check the box on the application indicating that they are seeking a waiver. As a matter of procedural history, the trial court was asked by Caltrans to consider Chapter 433 as changing the basis for its original injunction. These sections appear consistent with the decisional law interpreting article VII. 9, 1, p. And the Legislature may not undertake to readjudicate controversies that have been litigated in the courts and resolved by final judicial judgment. First, uncodified section 1 of Chapter 433 recites the Legislature's intent: (1) to allow Caltrans "continued flexibility" to contract privately as needed to assure timely delivery of its projects; and (2) to afford "a new and independent basis upon which to justify contracting out actions.". 615. Because Chapter 433 encourages contracting flexibility on an expressly limited basis and for the very purpose of promoting and ascertaining efficiency and economy, and because it subjects such contracting to rules protecting against political favoritism, I believe it provides a valid basis, consistent with the constitutional civil service provision, for dissolving the 1990 trial court injunction. App. CV336697, Eugene T. Gualco, Judge. (b)), on legislative directions that Caltrans not consider locally funded work in determining staffing needs ( 14130.2, subd. The trial court also found that Caltrans undertook private contracting as a direct result of "gubernatorial/executive branch policy against the expansion of state government," which required Caltrans to "balance[] and temper[]" its requests for funding for additional staff by contracting with private entities, without regard to whether qualified persons were actually available for civil service employment or whether Caltrans could assimilate and train them in a timely manner. This means that if reasonable minds may differ as to the reasonableness of a legislative enactment (Consolidated Rock Products Co. v. City of Los Angeles (1962) 57 Cal. (CSEA, supra, 199 Cal.App.3d at pp. Sess.) Any inability of civil service staff to deliver project workload on time is attributable to Caltrans's policy of inadequate staffing and reliance on private contracting. 4th 591] Evidence (3d ed. 2d 863, 868 [31 Cal. Com. Unlike the majority, I believe these circumstances amply support the Legislature's decision to categorize the engineering services required for such projects as a short-term workload demand. (1985) 40 Cal. The court concluded: "[T]he Legislature, with its extensive fact-finding powers, is better suited than we are to assess the financial and aesthetic consequences of its policies. Refugees pursuant to section 1157 of title 8 of the United States Code; Those granted asylum by the Secretary of Homeland Security or the Attorney General of the United States pursuant to section 1158 of title 8 of the United States Code; or. I respectfully dissent. George, C. J., Mosk, J., Kennard, J., and Benke, J., fn. <br> Please find attached a copy of . App. 2d 817, 820 [161 P.2d 456, 171 A.L.R. 3d 390. [Citations.]' Caltrans submitted no such study, and the available evidence (involving pre-1993 fiscal years) supported a contrary finding. of Scalia, J.) The Curious Case of QBS in California | California Construction Law (Ibid.) One would expect the majority to justify the extreme and unprecedented action undertaken in this case with sound [15 Cal. Unless a statute's unconstitutionality " 'clearly, positively, and unmistakably appears' " (Calfarm Ins. 4th 594] This court has adhered to these principles in numerous cases involving diverse situations. 76-84, and cases cited (Civil Service Note). Caring for the world, one person at a time has inspired and united the people . It is periodically updated as new information becomes available. of Sacramento v. Saylor (1971) 5 Cal. Recruitment Leader | Government Professionals (Construction, Property & Engineering) at Randstad Australia . Professional Engineer applicants who are applying for a waiver of the Fundamentals of Engineering (FE) exam [also known as an Engineering-in-Training (EIT) waiver] need to submit acomplete application. Co. v. Wilson (1995) 11 Cal. 1-2; Sen. Appropriations Com., Fiscal Summary of Sen. Bill. Service Employees International Union, Local 1000 (SEIU) 12 . Section President 2nd Term at PROFESSIONAL ENGINEERS IN CALIFORNIA GOVERNMENT David Tanouye, P.G. (California State Employees' Assn. Janssen Supply Group, LLC, part of Janssen Supply Chain (JSC), is recruiting for a Senior Staff Process Engineer, to be located in Horsham, PA, Cork, Ireland, Schaffhausen, Switzerland, or Leiden, Netherlands. ", The dissent next addressed the majority's claim that legislative findings in Chapter 433 included an implied finding that private contracting would [15 Cal. Professional Engineers in California Government (PECG) is a union representing engineers and related professionals employed by the state of California. Code, 14130.2). 2d 176].)" As a member of the executive management team, Jason collaborates on business strategy, marketing, & operations mgmt for the company. Rptr. (a)(3), 14130.1, subd. Casey is a member of the American Society of Civil Engineers and the Professional Engineers in California Government. January 12, 2022 Ted . Evidence (3d ed. 2d 644, 652 .) Again, in Delaney v. Lowery (1944) 25 Cal. Similarly, section 14130.2, subdivision (a)(2), purports to relieve Caltrans of its obligation to maintain a civil engineering staff "at a level to provide services for other [local] agencies" that arrange their own financing for state highway projects. Section 14101 permits Caltrans to contract with qualified private architects and engineers if "the obtainable staff is unable to perform the particular work within the time the public interest requires such work to be done. (Accord, California Housing Finance Agency v. Patitucci (1978) 22 Cal. At oral argument, plaintiffs conceded the trial court found Chapter 433 unconstitutional on its face. 594.) (Beach v. Von Detten (1903) 139 Cal. (Stats. Senior Process Engineer Job California USA,Engineering (a).) Applicants must login to theirNCEES account(or create one) and then follow the directions to request that the verification be sent to California. J Y2UETU2+]g0Zb. Applicants licensed in another state (comity applicants) must meet the same application requirements as all other applicants. Click here for more information about this new requirement and how to notify the Board of your email address. 568.). According to Williams, the civil service mandate is aimed at protecting "the existing civil service structure," and does not compel the state "to fulfill every new state function through its own agency." 3d 951, 957 [232 Cal. Review all applicable laws and regulations to confirm that you meet the qualifying experience requirements before you submit an application to the Board. as amended June 24, 1993, pp. Caltrans likewise criticizes Riley's progeny and the creation of such extensions or modifications as the "new state function" rule (see Williams, supra, 7 Cal.App.3d at pp. (Amwest Surety Ins. (Gov. "Under the system of government created by our Constitution, it is up to legislatures, not courts, to decide on the wisdom and utility of legislation." Process Flowcharts for Scheduling Exams and Applying for Licensure, Applying for Licensure as aProfessional Engineer, How to Use BPELSG Connect to Complete and Submit a PE Application, Work Experience Engagement/Reference Instructions for Professional Engineer Applicants, Applying for Licensure as aCivil Engineer, How to Use BPELSG Connect to Complete and Submit a PE Application, Work Experience Engagement/Reference Instructions for Professional Engineer Applicants, Applying for Licensure as aTraffic Engineer. 593-595, and fn. ), Responding to the trial court's doubts regarding the supposed "short-term" nature of the seismic safety retrofit program, the Court of Appeal majority reasoned that, although this program may be comparable to any typical Caltrans project, it "has a finite life. 3d 575, 591 [131 Cal. 2d 561, 569 , we referred to the presumption of constitutionality and the rule of strict construction of constitutional limitations on the Legislature, and concluded, 'Those principles indicate the latitude and effect to be given a legislative construction or interpretation of the Constitution. 1247, 1251.) Justice Blease wrote a lengthy dissent. Listing for: Atlas Technical Consultants. 2d 561, 569 [154 P.2d 674].) All applicants are required to supply the Board with a full set of fingerprints upon submittal of an application for licensure/certification. The state Civil Service Act (Gov. 572.) In Caltrans's view, the rules these cases announced are unsupported by the bare language of the civil service mandate and constitute further judicial legislation. In 1986, plaintiffs (a labor organization representing state engineers and a citizen/taxpayer) filed suit to enjoin Caltrans from contracting with private entities to carry out state highway projects traditionally done by state civil service employees. Both the Court of Appeal majority and dissent agree that, despite the Legislature's characterization (see 14130, subd. Citizenship nor California residency is required for licensure; however, disclosure of your Social Security Number or Individual Taxpayer Identification Number is mandatory. Caltrans identified substantial amounts of seismic retrofitting work and reimbursed work for local agencies as eligible for private contracting in fiscal year 1993-1994. If the Legislature predicated Chapter 433 on such a finding how could it fail to assert this among the plethora of cryptic, illogical, and untenable express findings and declarations? 4th 600] cannot be said of a statute which merely adopts one of two reasonable and possible constructions of the constitution. As the amicus curiae brief of various county transportation agencies correctly observes, Riley's test "is broad enough to permit contracting out where the nature of the task is such that the civil service could not perform the task efficiently, or quickly enough, or with the same degree of skill. App. 4th 568] Caltrans' bare claim that the use of contracts 'results in faster and less expensive service delivery.' opn., ante, at p. Although many of these provisions remain in effect, Chapter 433 has supplemented them. 548-550.) 4th 407, 415-416 [9 Cal. (Gov. Governor Newsom Names Sean Duryee CHP Commissioner I. h]k0. on Transportation, Rep. on Sen. Bill No. Rather, it is to assure that, in formulating its judgments, Congress has drawn reasonable inferences based on substantial evidence. Additional Information for Applicants Applying for a Waiver of the Fundamentals of Engineering (FE) Exam George Lee - Civil Engineering Graduate - LinkedIn Sess.) 1568. If education is used as a part of the required qualifying experience, the actual work experience must be gained after graduation. [Citations.]" 1018.)" ` 3evNID#DA@$_%Lx~X/s#&h aM 225, 703 P.2d 1119] [ordinary deference courts owe to legislative action vanishes when constitutionally protected rights are threatened].) (Fns. 134.). 13,000. [Citation.] Judges may not substitute their judgment for that of the Legislature if there is any reasonable justification for the latter's action. [Citation.] With regard to the question before it, this court concluded: "Accordingly, starting with the presumption that the Legislature acted within its authority, we shall uphold the validity of [the statute at issue] if, by any reasonable construction, it can be said that the statute furthers the purposes of Proposition 103." 13. Christopher R. has 7 jobs listed on their profile. Human Resources Manual - CalHR - California Effective September 24, 1993, the Legislature adopted Chapter 433. Listed on 2023-03-02. The following instructions summarize the requirements for licensure as a Professional Engineer, but they are not intended to apply to every situation. We also observe that, by its very nature, the civil service mandate does not readily lend itself to broad legislative exemptions. In my view, Chapter 433 is not unconstitutional on its face on the ground that in sections 14130.3 and 14137, the Legislature impinged upon the separation of powers by authorizing contracts which may be inconsistent with a specific trial court judgment. on Transportation, Rep. on Sen. Bill No. Rptr. hRKO0+s+*T]"QVE|0,IDz=qIH,\]cF5geOauuZwmE3&T:@1rm d(Y@p\R2SJaRs[)Fo.DF))ms5Jn& *d! In order to receive the expedited licensure process, individuals must provide documentation of their refugee, asylee, or special immigrant visa status when submitting their application package. Most provisions of Chapter 433 appear intended to dispense with, rather than to satisfy, the constitutional civil service mandate. [Citations.]" Com. As explained below (post, pt. 3d 62, 77 [95 Cal. Rptr. (See California State Employees' Assn. opn., ante, at p. ReviewBusiness and Professions Code section 6759for additional information regarding comity. (Riley, supra, 9 Cal.2d at pp. 461.) FN 1. hXMk#G+}GJ`A z!%_S3d}p^nw1.%j cR1;0"3 L?gv,. "[U]nder the doctrine of separation of powers neither the trial nor appellate courts are authorized to 'review' legislative determinations." Please view theFingerprinting FAQsfor detailed information. PECG members mentor students, help organize science fairs, and serve as judges with the tough job of deciding the best projects each year. Rptr. One of PECGs goals is to promote the highest standards of professional practice. Having reviewed the general constitutional, statutory, and decisional framework, we return to the facts of this case. Habtamu Tolossa, Ph.D., P.Eng. - Senior Hydrologic Engineer - LinkedIn 8].) [Citation.]" opn., ante, at p. 565), "we deal with a constitutional provision of a kind, similar to many others, which necessarily and over a period of time will require judicial, legislative and administrative construction." omitted. There is one area in which it has been said "that the ordinary deference a court owes to any legislative action vanishes," and that is "when constitutionally protected rights are threatened." Below are lists of the top 10 contributors to committees that have raised at least $1,000,000 and are primarily formed to support or oppose a recall election. 30.). App. As Justice Ardaiz elaborates in his dissent, decisions dating back to the turn of the century require the courts to always presume that the Legislature acts with integrity and with an honest purpose to keep within constitutional restrictions and limitations. 4th 548] outline the general constitutional and statutory principles before discussing their application to the facts of this case. To hold otherwise would invite chaos. 4th 564] assure that the state civil service is not neglected, diminished, or destroyed through routine appointments to "independent contractors" made solely on the basis of political considerations or cronyism. To the extent Chapter 433's provisions conflict with the civil service mandate, they are invalid. at p. 2102]; Gregg v. Georgia, supra, 428 U.S. at pp. (See Sable Communications of Cal., Inc. v. FCC (1989) 492 U.S. 115, 133 [109 S. Ct. 2829, 2840, 106 L. Ed. ' [Citations.]" 854, 616 P.2d 836] (involuntary conservatorship provisions); In re Klor (1966) 64 Cal. 4th 596] system over considerations of economic responsibility and economic sensibility. (Id. Includes links to laws and rules regulating the two professions. Rptr. (b)), and 14130.2, providing that engineering services needed to deliver locally financed highway projects "are not required to be considered in determining [Caltrans's] project delivery staffing needs. App. The majority offer no legal justification or policy rationale for abandoning this bedrock principle of law when legislative decisionmaking happens to follow litigation on related subject matter. 225, 703 P.2d 1119] [finding unconstitutional an ordinance prohibiting fortune telling]; Turner Broadcasting System, Inc. v. FCC (1994) 512 U.S. 622, 666 [114 S. Ct. 2445, 2471, 129 L. Ed. ]; Gov. %PDF-1.7 % Supervisors and Managers An Instrumental Part of PECG, PECG also sponsors and distributes educational documentaries that explore innovative solutions to the most serious problems facing our environment, economy, and livability. As the Court of Appeal majority recognized, these provisions, though somewhat inartfully drafted, seem aimed at authorizing Caltrans's private contracting and circumventing the trial court's injunction and subsequent enforcement orders. If an Agricultural, Chemical, Control Systems, Electrical, Fire Protection, Industrial, Mechanical, Metallurgical, Nuclear, or Petroleum Engineer applicant has submitted fingerprints with a previous application to the Board, resubmittal with a subsequent application is required if it has been24 months or more since the last submittal of fingerprints. "[W]herever possible, [this court] will interpret a statute as consistent with applicable constitutional provisions, seeking to harmonize Constitution and statute. Co. v. Deukmejian, supra, 48 Cal.3d at page 822, footnote 15 (attack on facial validity of initiative measure); Metromedia, Inc. v. City of San Diego (1982) 32 Cal. On this point, the Legislature obviously had in mind the fact that the retrofitting, which had been mandated by statute following the Loma Prieta Earthquake in 1989, required completion by December 31, 1994, at the latest. Human Resources Manual - CalHR - California After reviewing the new provisions at length, the court made the following findings and determinations: (1) Contrary to new section 14130, subdivision (a)(5), project development service is not a new state function exempt from the constitution al restriction on private contracting, and using private contractors for pro ject development duplicates existing state agency functions. 1569.). 4th 595] 25 Cal.2d at pp. As one appellate decision has observed, "Decisional law interprets article VII as a restriction on the 'contracting out' of state activities or tasks to the private sector. (c); see Sts. Practices Com., supra, 11 Cal.4th at p. 1209 (1993-1994 Reg. Two years ago, COVID-19 prodded the state of California to launch a massive telework program, the most significant operational change to public service since the adoption of . " According to the dissent, Caltrans did not challenge this new finding, but has relied entirely on the provisions of Chapter 433. [15 Cal. (Stats. We believe this "legislative history" of the current civil service provisions of the California Constitution supports both the retention of the constitutional principle established in Riley and our conclusion that the principle embodied in Riley operates to constrain the actions of the Legislature as well as of the executive branch. 1063] (applicability of statutory salary increase to incumbent); Collins v. Riley, supra, 24 Cal.2d at page 915 (whether statute reimbursing "traveling expenses" impermissibly increased mileage allotment); County of Los Angeles v. Riley (1936) 6 Cal. (Riley, supra, 9 Cal.2d at p. 135 [enjoining state agency from retaining private attorney]; see also Burum v. State Compensation Ins. See the complete profile on LinkedIn and discover Christopher R.'s connections and jobs at similar companies. at pp. 3d 161, 175 [167 Cal. The issue before us is whether the Legislature exceeded its authority. ), [3c] Does Chapter 433 contain factually supported findings that would excuse noncompliance with the civil service mandate? We further conclude the trial court properly found Chapter 433's legislative findings and declarations provided insufficient basis for modifying its 1990 injunction. " (Professional Engineers, supra, 13 Cal.App.4th at p. 590, quoting Sts. Before today the rules mandating judicial deference to legislative enactments were firmly established. (a); see Cal. This increase in project delivery capability "must continue in order for [Caltrans] to meet its commitments for timely project delivery," and, accordingly, a "stable contracting out program" using private consultants is needed to allow Caltrans to perform project delivery "adequately, competently, or satisfactorily." 2d 606, 618-620 [110 P.2d 1036] [same]; Williams, supra, 7 Cal.App.3d at pp. For instance, in Mills v. Superior Court, supra, 42 Cal. 844-846.) "Under the doctrine of judicial notice, certain matters are assumed to be indisputably true, and the introduction of evidence to prove them will not be required." If the error does not so appear, " 'the legislative determination that the facts exist which make the law necessary' " (ibid.) 2d 818, 828 [142 P.2d 297]), a reasonable construction is that Caltrans is not required to hire all the new staff it can use, but can contract out if economically advantageous. 15 Article VII does not involve "constitutionally protected rights," nor does Chapter 433 threaten such rights. Sess.) fn. 1, 7-8 [73 P. 597] (superior court's power regarding contempt). Finally, through authorized demonstration projects, Caltrans could test the feasibility and efficiency of the private financing and construction model. 305] (Williams). In fact, I conclude that a contrary interpretation is difficult to reconcile with the ballot argument originally expressed in the predecessor to article VII, "to promote efficiency and economy in state government." at p. The sole aim of the act is to prohibit appointments and promotion in the service except on the basis of merit, efficiency, and fitness ascertained by competitive examination.' " (State Compensation Ins. [Citations.]" (b), 14130.3. Agricultural, Chemical, Control Systems, Electrical, Fire Protection, Industrial, Mechanical, Metallurgical, Nuclear, and Petroleum Engineer Applicants (a)(3)). 590-591, and cases cited therein. [Citation.]" (See, e.g., County of Madera v. Gendron (1963) 59 Cal. 0y850h%Z2#B 0\$%R*J sN4fu{]2f3X1)(Khx*pz"`Xnhr{so 3>leWp l>9w+ 817, 621 P.2d 856].) [] (b) In the civil service permanent appointment and promotion shall be made under a general system based on merit ascertained by competitive examination. 2d 798, 802 ; Miro v. Superior Court (1970) 5 Cal. endstream endobj 377 0 obj <>stream This places a heavy burden on plaintiffs. Caltrans relies in part on the August 1993 Assembly Committee on Transportation report indicating that the cost-effectiveness of contracting for professional services "is a hotly disputed topic" and commenting briefly on Caltrans's improved "project delivery" (resulting, as the trial court found, from Caltrans's deliberate failure to maintain an adequate civil service staff) (Assem. . From 1991 to 1993, the court issued additional orders implementing its injunction. 2d 365, 371 [310 P.2d 7] (apportionment of workers' compensation award); Lockheed Aircraft Corp. v. Superior Court (1946) 28 Cal. Professional Engineers in California Government - Los Angeles Section. In substance, such experimentation is not materially different from that which is authorized by Chapter 433. fn. ' "Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function." When properly viewed, Chapter 433 represents a constitutionally valid effort by the Legislature to encourage private contracting in furtherance of the objectives of efficiency and economy in state government. omitted. ), Article VII also creates the State Personnel Board ( 2), to which enforcement and administration of the civil service laws are delegated ( 3), and exempts from the civil service certain positions that are not pertinent here ( 4). 2. Before examining the provisions of Chapter 433, we first review the primary preexisting provisions, as they are pertinent to an understanding of the intent and effect of Chapter 433. If a Civil Engineer applicant has submitted fingerprints with a previous application to the Board, resubmittal with a subsequent application is required if it has been24 months or more since the last submittal of fingerprints. (Ferguson v. Skrupa (1963) 372 U.S. 726, 729 [83 S. Ct. 1028, 1030, 10 L. Ed. 2d 437, 449-450 [94 P.2d 794].) We are proud of our unprecedented record of delivering for our members. No express or implied legislative findings justify vacating the injunction, [3b] As the Court of Appeal dissent observes, Chapter 433 contains no express or implied legislative findings that would justify vacating the trial court's injunction. Code Regs., tit. Yet, as the majority also notes, the section does appear to "find" private contracting necessary to permit Caltrans to perform its project delivery in a timely manner. As the majority recognize (maj. 4th 575] The judgment of the Court of Appeal is reversed. 4th 1548, 1564-1565 [8 Cal. ), Finally, in Professional Engineers v. Department of Transportation (1993) 13 Cal. (Maj. This court stated: "In the present case, the construction of article II, section 10, subdivision (c) of the California Constitution is not disputed. Free Sch. Const., art. v. Sacramento City Unified School District, California City Police Officers Association v. City of California City.