2d 606, 618-620 [110 P.2d 1036] [same]; Williams, supra, 7 Cal.App.3d at pp. I also find troubling the majority's suggestion that legislative action may be validated based only upon data and studies actually considered by the legislative body. (See Burum v. State Compensation Ins. 850.) 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. The majority acknowledge judicial interpretations of Riley which find exceptions to the expressed rule of that case by permitting the state to contract privately for services that state employees have traditionally performed if those services (1) are of a nature that they could not be performed "adequately and competently," or more economically, through civil service (Riley, supra, 9 Cal.2d at p. 135; CSEA, supra, 199 Cal.App.3d at pp. For instance, Government Code section 14131, which is not altered by Chapter 433, provides: "The department may contract for the services of engineers, architects, surveyors, planners, environmental specialists, and materials testing specialists to provide professional and technical services relating to project study reports, project development, surveying, and construction inspection whenever the director determines that the guidelines adopted pursuant to Section 14134 are applicable. As Williams observed, " if the services cannot be adequately rendered by an existing agency of the public entity or if they do not duplicate functions of an existing agency, the contract is permissible." 1252.) (5).). 2d 288, 298 [73 P.2d 1221], italics added.) 1503] and subsequent decisions. 1018.) (Art. 2d 698]. This obligation to exercise independent judgment when First Amendment rights are implicated is not a license to reweigh the evidence de novo, or to replace Congress' factual predictions with our own. 2d 67, 74 .)" (Methodist Hosp. 487, 624 P.2d 1215] [holding that the State Employer-Employee Relations Act did not conflict with article VII or the merit system mandate].) (CSEA, supra, 199 Cal.App.3d at pp. Code, 14130.2, subd. Rptr. VII, 1 (article VII)) and its implied mandate limiting the state's authority to contract with private entities to perform services the state has historically or customarily performed. Founded in 1962, PECG represents 14,000 state-employed engineers and related professionals responsible for designing and inspecting California's infrastructure, improving air and water quality, and developing clean energy and green technology. 135-136. fn. Necessarily under the separation of powers doctrine, however, courts are limited in what they can review to determine the propriety of legislative findings of fact and determinations. App. 318, 777 P.2d 91] (claim that statute permitted administrative agency to exercise judicial powers); Calfarm Ins. The dissent observed that in reaffirming its 1990 injunction, the trial court found that Caltrans's " 'contracting activity during 1993-94 is contributing to the displacement of permanent, temporary and part-time civil service staff in the performance of project development work.'
Sylvania Sltdvd1024 Factory Reset, What Happened To Dr Emily Husband On Dr Pol, Articles P