Chavez

In this appeal, we construe subdivision (b)(2) of Government Code section 19130, which specifies the conditions under which the State of California can contract with private firms for the performance of personal services. Subdivision (b)(2) permits personal service contracts where “[t]he contract is for a new state function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors.”

Plaintiff Department of Transportation (Caltrans) petitioned for a writ of mandate to set aside defendant State Personnel Board’s (Board) order invalidating contracts with private firms for maintenance of roadside rest areas. The Board appeals from the judgment granting that petition. We conclude the trial court erred in finding the maintenance of roadside rest areas constituted a “new state function” when the contracts were executed with the private firms. Accordingly, we reverse the judgment.

Factual and Procedural Background

Caltrans and the California State Employees Association (CSEA) stipulated to the following facts at the administrative hearing ordered by the Board:

In April 1987, the Board’s executive officer tentatively…