Consulting Engineers & Land Surveyors of California, Inc. v. Professional Engineers in California Government

In Professional Engineers in California Government v. Kempton (2007) 40 Cal.4th 1016 [ 56 Cal.Rptr.3d 814 , 155 P.3d 226 ] (Kempton), we held that Proposition 35, which expressly removed a constitutional restriction on the ability of state agencies to contract with private firms for architectural and engineering services on public works projects, also impliedly repealed certain regulatory statutes pertaining to private contracting that were derived from the constitutional provision. The present case involves two participants from Kempton . 1 The question presented here is whether a provision of a memorandum of understanding between the state and a state employee union that restricts the use of private contractors for architectural and engineering services by public agencies fatally conflicts with Proposition 35 as we constmed that initiative in Kempton . We answer that it does and, so, affirm the judgment of the Court of Appeal.

*581 I. STATEMENT OF THE CASE

A. Background: Proposition 35

Proposition 35, entitled the Fair Competition and Taxpayer Savings Act, was passed by the electorate on November 7, 2000. The initiative included both constitutional and statutory…