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PROFESSIONAL ENG. v. STATE PERSONNEL BD.

No. C028402.

109 Cal.Rptr.2d 375 (2001)

90 Cal.App.4th 678

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

Court of Appeals of California, Third District.

As Modified August 10, 2001.

Review Denied October 10, 2001.

Attorney(s) appearing for the Case

Dennis F. Moss and Steven Bassoff, for Plaintiffs and Appellants.

Daniel E. Lungren and Bill Lockyer, Attorneys General, Martin H. Milas, Senior Assistant Attorney General, Marybelle D. Archibald and Vincent J. Scally, Jr., Deputy Attorneys General, for Defendant and Respondent State Personnel Board.

K. William Curtis, Kenneth R. Hulse, Marguerite D. Shea and Linda Diane Buzzini for Defendant and Respondent Department of Personnel Administration.

MORRISON, J.

In this case we decide that the Career Executive Assignment (CEA) program does not violate the civil service mandate of the California Constitution. However, the implementing regulations that allow selection and transfer of applicants without ranking them violate statutes implementing the constitutional requirement of a "system based on merit ascertained by competitive examination." As we recently held in Alexander v. State Personnel Bd. (2000...

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