State Trial Attorneys' Assn. v. State of California

In State Trial Attorneys' Assn. v. State of California (1976) 63 Cal.App.3d 298, the Court noted that the Legislature had delegated its compensation setting function to the State Personnel Board by enacting that section. (At p. 303.) That statute transmits to the board a mixture of discretionary authority and specific directions. (Ibid.) The Court said concerning that sentence: "It denotes another species of fairness: horizontal parity among comparable positions throughout the civil service structure. As in its first sentence, the statute here speaks in peremptory, not permissive terms." (At p. 304.) In the State Trial Attorneys' Assn. decision the Court said: "The third sentence of section 18850 now section 18850, subdivision (a) directs the board to 'consider' prevailing rates as a means of attaining horizontal parity with nonstate employment. Here the grant of general discretion is qualified by a direction to weigh, but not rigidly obey, a particular criterion." (63 Cal.App.3d at pp. 303-304.)