Thurston County Superior Court Judge Anne Hirsch on Friday morning heard arguments in the Federation lawsuit against the governor over our contracts.
But she put off a ruling until at least 3 p.m., next Wednesday, Feb. 11. She asked for more briefings from the attorneys on a few issues she raised.
As you know, the issue is the governor’s refusal to forward your negotiated economic package to the Legislature so they can vote it up or down. A thumbs down by the Legislature triggers re-negotiation of your contracts. That way, if you choose to cut hours, take furloughs or suggest other options, you’ll have guarantees that it will save the jobs of your co-workers and preserve programs vital to our state’s most vulnerable and for public safety. Right now, the governor’s budget takes away economic gains and still lays off co-workers and cuts vital programs. If the judge rules in our favor, the debate can formally move to the Legislature, where it belongs.
“There’s a lot at stake—that may be an understatement,” Federation attorney Ed Younglove told the judge.
The court arguments centered on when the state budget director certified the contracts as financially feasible or not.
But the bottom line is: If the governor does not forward, the Legislature cannot consider; and if the Legislature can’t debate and vote up or down, then there is no contract—economic or non-economic parts all are in jeopardy.
At one point, Judge Hirsch asked the assistant attorney general representing the governor about what happens between Oct. 1 when contracts must be submitted to the budget office and Dec. 18 when the governor rolls out her budget package. The judge asked that if the governor can decide not to fund the contract during that period then does the whole negotiating process really mean anything. The judge also asked if the issue really centers on the Legislature’s decision on how to fund or not fund the contracts. Younglove agreed, saying the case boils down to giving the Legislature the opportunity to do that.
We’ll keep you updated.
February 6, 2009
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