September 1, 2009, by
On August 19, 2009 the California Supreme Court granted review of the Fourth Appellate District's opinion in State Building & Construction Trades Council v. City of Chula Vista. In this case, the Court of Appeal determined on April 28, 2009 that on public works projects wholly financed by local funds, charter cities need not comply with California's Prevailing Wage Law. Specifically, Court concluded that the prevailing wage law does not address matters of statewide concern and therefore charter cities are not required to comply with the prevailing wage law on public works contracts that are financed solely from City revenues because such contracts are municipal affairs over which the City has paramount power under the California Constitution. Read more about the Appellate Court's opinion here.
The effect of the Supreme Court's grant of review is that the Appellate Court's published opinion can no longer be cited as precedential authority in California courts under California Rule of Court 8.1105(e)(1) . Additionally, the Supreme Court's action places charter cities in California in limbo with respect to whether they are required to comply with the Prevailing Wage Law on locally unded projects. Check back to the Public Blawg later for further information.