Professional Engineers in Cal. Government v. State Personnel Bd. (2001)

[Modification fn. * of opinion (90 Cal. App. 4th 678; 109 Cal.Rptr.2d 375).]

PROFESSIONAL ENGINEERS IN CALIFORNIA GOVERNMENT et al., Plaintiffs and Appellants, v. STATE PERSONNEL BOARD et al., Defendants and Respondents.

THE COURT. fn. † -

It is ordered that the opinion filed herein on July 11, 2001, be modified as follows:

1. On page 27, line 2 [90 Cal. App. 4th 696, advance report, 1st par., lines 8-9], add the following parenthetical immediately after the citation to Civil-Service Commission:

13 Ops. U.S. Atty.Gen 516, 524-525 (1871) [seminal opinion holding that if a civil service board could force the appointing power to choose the top scorer, it would in effect usurp the discretion of the appointing power; instead, the board must present enough names to preserve the appointing power's discretion to make the final selection]

2. On page 44 [90 Cal. App. 4th 706, advance report] add the following paragraph immediately preceding the Disposition.

We are aware that the Board has amended the regulation at issue in response to Alexander, supra, 80 Cal. App. 4th 526. This opinion should not be read to express any view on the current version of the regulation.

This modification does not change the judgment.

FN *. This modification requires movement of text affecting pages 696-719 of the bound volume report.

FN †. Before Morrison, J., and Hull, J.