(DOWNLOAD) "California Youth Authority v. State Personnel Board" by California Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: California Youth Authority v. State Personnel Board
- Author : California Court of Appeals
- Release Date : January 18, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 101 KB
Description
Article IV, section 12 of the California Constitution provides in part that "[t]he Legislature shall pass the budget bill by midnight on June 15 of each year," but in recent years the timely adoption of the budget bill in California has proven to be the exception, rather than the rule. This proceeding arises out of two taxpayer actions that were filed in the wake of budget impasses that occurred in 1997 and 1998. In the action filed in 1998, the trial court issued a preliminary injunction broadly barring the Controller from making payments from the state treasury in the absence of passage of the budget bill or an emergency appropriation a preliminary injunction that largely would have shut down government operations in California, but for the Legislatures prompt enactment of an emergency appropriation and the Court of Appeals subsequent order staying the effect of the preliminary injunction. In the Court of Appeal, the Controller contended that, contrary to the trial courts ruling in the 1998 case, a variety of payments lawfully may be made from the treasury during a budget impasse. Although the ultimate passage of budget bills in 1997 and 1998 rendered the appeals in these cases moot, the Court of Appeal - concluding that the issues presented by this proceeding are important and likely to recur, but will regularly evade timely appellate review - retained the matter to consider this contention.
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