To accomplish this, PECG supports and sponsors programs that promote Science, Technology, Engineering and Mathematics (STEM). ), In finding that Chapter 433 conflicts with article VII, the majority point to an alleged absence of any empirical evidence that Caltrans is unable to perform the services in question "adequately and competently" through civil service, or that private contracting has resulted and will result in "substantial costs savings or other significant advantages" to the state. No. 1991, ch. The majority opinion has the strong potential to hamstring the Legislature every time its proposed legislation touches upon a "constitutional mandate. As it neither fails to comply with that mandate nor disregards the constitutional restriction on contracting out, I would not expect it to contain findings which would seek to excuse noncompliance with or disregard of article VII. In the majority's view, the supposed lack of any such evidence before the Legislature is significant since here the trial court's findings to the contrary were supported by one study purporting to show that the cost of contracting was substantially greater than the cost of using civil service staff. Rptr. (See People v. Globe Grain & Mill Co. (1930) 211 Cal. 3d 258, 282 [96 Cal. Professional Engineers in California Government was formed in 1962 for the sole purpose of representing state-employed engineers and related professionals responsible for designing and inspecting Californias infrastructure, improving air quality, and developing clean energy and green technology. We further conclude the trial court properly found Chapter 433's legislative findings and declarations provided insufficient basis for modifying its 1990 injunction. 4th 765, 780 [35 Cal. 851-853). In any event, as the Court of Appeal dissent notes, this "cryptic" provision contains no basis for modifying the trial court's injunction. 1209 (1993-1994 Reg. 2d 162, 165-167; Michigan State Employees v. Civil Service Com'n (1985) 141 Mich.App. Click here to learn more. 1503] (Riley); California State Employees' Assn. The rest are excluded from the collective bargaining because they are managers, supervisors, or employees who assist management develop employee compensation policies. 3d 131, 136 [260 Cal. In this regard, the prohibition against contracting out is not a direct constitutional expression: nowhere does article VII expressly say what Riley and its progeny say it means. Unlike the majority, I believe these circumstances amply support the Legislature's decision to categorize the engineering services required for such projects as a short-term workload demand. (Accord, Lundberg v. County of Alameda (1956) 46 Cal. Supervisors and Managers An Instrumental Part of PECG, PECG also sponsors and distributes educational documentaries that explore innovative solutions to the most serious problems facing our environment, economy, and livability. 7, p. 12, italics added. 4. 74].) As the Court of Appeal majority correctly observes, "Notwithstanding the Legislature's finding to the contrary, Caltrans's own description of the activities authorized by Chapter 433 discloses they do not constitute a new state function but simply a new technique for performing an existing function. To the extent that may be interpreted as the meaning of Riley, it must be rejected. 701] (statute prohibiting employer from regulating political activities of employees); Elliott, supra, 17 Cal.3d at p. 594 (local election requirement for low-rent housing projects). 4th 591] Evidence (3d ed. In reality, Turner states: "That Congress' predictive judgments are entitled to substantial deference does not mean, however, that they are insulated from meaningful judicial review altogether. :$zX?|rl_G(+ZiI c""X+!Q PR04)RHy TX3RTN,3"QyQ(Do^M.K9aZ1_ 5w endstream endobj 376 0 obj <>stream (a)(4), as contained in Ch. PECG has sponsored and produced several Emmy Award-winning documentaries that have been seen by millions of viewers around the country. 568-569), legislative findings purporting to contradict or abrogate express judicial findings of fact evidencing a violation of a constitutional mandate such as article VII are subject to [15 Cal. If so, would the constitutionality of legislation then become a question of which side hired the best attorney? The trial court then took "judicial notice pursuant to Evidence Code 452, subdivision (d), of the findings in the statement of decision underlying the judgment entered April 17, 1990, and the findings in the orders issued after evidentiary hearings to enforce the judgment." Christopher R. has 7 jobs listed on their profile. For example, the inability to use private engineering firms would threaten the timely completion of the seismic retrofit of California bridges and overpasses. CV336697, Eugene T. Gualco, Judge. Subdivision (b) of that section expressed the legislative intent to allow Caltrans to contract privately for professional and technical services "whenever the department is inadequately staffed to satisfactorily carry out its program [of project development] in a timely and effective manner.". During a three-day bridge closure, Myers and Caltrans teams demolished and removed a football field-size bridge, rolled in a new pre-constructed replacement span, and finished the amazingly challenging job eleven hours ahead of schedule! 2d 165, 170 [68 P.2d 741] (Stockburger) [enjoining state from hiring private independent contractors to clean state building].) [selection of engineers must be based on demonstrated competence, professional qualifications, and price]; Cal. The question before us here is whether these provisions are consistent with article VII. It is no small matter for one branch of the government to annul the formal exercise by another and coordinate branch of power committed to the latter, and the courts should not and must not annul, as contrary to the constitution, a statute passed by the Legislature, unless it can be said of the statute that it positively and certainly is opposed to the constitution. [4] As we have frequently explained, the collateral estoppel doctrine precludes relitigation of an issue previously adjudicated by final judgment between the parties. IX.B.2. Read the Department's. Dist. (See CSEA, supra, 199 Cal.App.3d at p. This means that if reasonable minds may differ as to the reasonableness of a legislative enactment (Consolidated Rock Products Co. v. City of Los Angeles (1962) 57 Cal. (Colo. 1991) 809 P.2d 988, 992-998; Jack A. Parker & Assoc., Inc. v. State, etc. 3d 208, 244 [149 Cal. In its April 19, 1994, order, the court accordingly affirmed its prior 1990 injunction, stating that "[t]o the extent that [Caltrans] justif[ies its] contracts with private consultants on the basis of the provisions of Chapter 433 instead of a factually supported determination pursuant to sections 14131 and 14134, the contracts are invalid and [Caltrans is] in violation of the injunction." III, 3; Mandel v. Myers (1981) 29 Cal. The majority cite Turner Broadcasting System, Inc. v. FCC (1994) 512 U.S. 622 [114 S. Ct. 2445, 129 L. Ed. One of PECGs goals is to promote the highest standards of professional practice. Acc. omitted. 2d 625, 627 [59 P.2d 139, 106 A.L.R. at p. 2471] (lead opn. PROFESSIONAL ENGINEERS IN CALIFORNIA GOVERNMENT, Charging Party, v. STATE OF CALIFORNIA (DEPARTMENTS OF PERSONNEL ADMINISTRATION AND TRANSPORTATION), Respondent.))) 416-417. (e), p. Finally, the majority's determination that Chapter 433 is unconstitutional on its face unreasonably and improperly encroaches upon the prerogative of the legislative branch of government, thereby interfering with the separation of powers. But plainly this [15 Cal. As both United States Supreme Court precedent (FCC v. Beach Communications, Inc., supra, 508 U.S. at p. 315 [113 S.Ct. Craft and Maintenance. Finding that none of Caltrans's policy arguments favoring reconsideration of Riley has substantial merit, we therefore decline to overrule or disapprove Riley and its progeny. 273, 279 , the court held that 'where a constitutional provision may well have either of two meanings, it is a fundamental rule of constitutional construction that, if the Legislature has by statute adopted one, its action in this respect is well nigh, if not completely, controlling. Code, 14130.1, subd. 4th 8, 14, fn. Because the injunction was inconsistent with the new law, the trial court did not abuse its discretion in vacating it. The executive branch, in expending public funds, may not disregard legislatively prescribed directives [15 Cal. Government Code section 19849.13; Resources Forms. Collectively exercising their "independent judgment of the facts," the majority ultimately determine there is no "substantial" evidence to support the Legislature's enactment of Chapter 433. Casey is a member of the American Society of Civil Engineers and the Professional Engineers in California Government. (13 Cal.App.4th at pp. SA-CE-750-S PERDecisioBn No . The issue before us is whether the Legislature exceeded its authority. ", FN 15. Caltrans never even contended such in the trial court, much less produced any evidence showing such to be the case [citation]." It is specifically in the context of locally funded highway projects that the Legislature excused Caltrans from the requirement of having to staff at a level to provide services for other agencies. [Citations.]' Morales, et al., 40 Cal.4th 1016 (2007), the union representing government engineers in California sued the State of California arguing that Government Code section 4529.12's "fair, competitive selection process" language mandated competitive bidding of professional services and abrogated California's pre-Proposition 35 QBS process. Engineering Geologist at San Francisco Bay Water Quality Control Board 2d 817, 820 [161 P.2d 456, 171 A.L.R. To perform the remaining project development work targeted for private consultants, Caltrans made limited term, retired annuitant, or temporary civil service appointments. [Citation. Conspicuously absent from the legislative materials are any studies, reports, or testimony that would contradict the trial court's specific fact findings regarding the absence of affirmative proof of any cost savings or other justification for private contracting. 1063] (applicability of statutory salary increase to incumbent); Collins v. Riley, supra, 24 Cal.2d at page 915 (whether statute reimbursing "traveling expenses" impermissibly increased mileage allotment); County of Los Angeles v. Riley (1936) 6 Cal. As an analytical matter, Riley's rule seems appropriate to [15 Cal. (a)(2)), and on legislative encouragement of timely private contracting for state highway projects to generate maximum employment and business opportunities ( 14130, subd. 3d 420, 444-445 [134 Cal. 4th 561]. Fed., etc. 3d 1, 8 [118 Cal. (Id. h240R0Pw/+Q0L)640)IcRYZlg` ~:f The undisputed fact remains, as found by the Legislature, that at the time Chapter 433 was enacted staff was inadequate to perform the work. 576] [rejecting equal protection challenge to Judges' Retirement Law, which used age as a proxy for judicial competence, and following federal precedent declaring that correlation between increasing age and decreasing ability to competently perform work is a logical assumption that [15 Cal. 7, This court has refused to undertake wholesale judicial amendment of legislation. Caltrans correctly observes that the private contracting restriction and its exceptions do not appear in the bare language of article VII but derive from judicial interpretation regarding the logical implications of the constitutional provisions. But never before has that approach been invoked to invalidate legislation resembling Chapter 433. San Jacinto College Faculty Association v. Mt. This places a heavy burden on plaintiffs. Address: 2535 Capitol Oaks Drive, Suite 300. FN 10. The court also concluded that the Caltrans activities that the trial court's 1990 injunction prohibited "appear to be consistent with the objects and purposes of [Chapter 433] as set out expressly in legislative findings and declarations, the underlying factual bases of which were not competently challenged in the superior court. 4th 590], It was by judicially noticing the truth of these factual findings that the court fundamentally erred. Fund v. Riley (1937) 9 Cal. (California State Employees' Assn. Rptr. By September 1, 1996, Caltrans was to submit data to the Legislative Analyst on total project costs for two groups of comparable highway projects. Applicants must provide verification of licensure and exam from the other state by using the verification system available through NCEES. This total break with precedent is not warranted by Chapter 433. They cannot, therefore, become the basis through the mechanism of judicial notice. The sole aim of the act is to prohibit appointments and promotion in the service except on the basis of merit, efficiency, and fitness ascertained by competitive examination.' " (State Compensation Ins. Second, Caltrans overstates its case substantially in claiming that Riley and its progeny's undue restrictions on private contracting or privatization threaten fiscal responsibility and public safety. "However, this question is not presented by Chapter 433. Where, on the other hand, the question was whether the urgency legislation violated the Constitution by abolishing or changing the duties of an office, "[a]lthough this court accorded great deference to the Legislature's factual determination that urgency legislation was necessary, we went on to consider, as a question of law, whether the urgency measure at issue 'create[d] any office or change[d] the salary or duties of any officer, or create[d] any vested right or interest.' (CSEA, supra, 199 Cal.App.3d at p. The company's filing status is listed as Active and its File Number is 469773. The title acts are Agricultural, Chemical, Control Systems, Fire Protection, Industrial, Metallurgical, Nuclear, Petroleum, and Traffic Engineering. If education is used as a part of the required qualifying experience, the actual work experience must be gained after graduation. [Citations.]" Thus, " '[L]egislative findings, while not binding on the courts, are given great weight and will be upheld unless they are found to be unreasonable and arbitrary. Const., art. 107, 1, subd. 2d 444, 453 [75 Cal. Dist. ]", Subdivision (d) of section 14130 arguably can be read as contradicting such an implicit provision of economic savings. 4th 551]. FN 13. (Fn. On the contrary, we [15 Cal. Professional Engineer Licensure Available in California: (Amwest, supra, at pp. This includes submitting all required documents and information. Such interrelationship, of course, lies at the heart of the constitutional theory of 'checks and balances' that the separation of powers doctrine is intended to serve. opn., ante, at p. (Professional Engineers, supra, 13 Cal.App.4th at pp. 239, 583 P.2d 1281].) (See, e.g., County of Madera v. Gendron (1963) 59 Cal. at p. The court also found that Caltrans made no attempt to show these contracts satisfied the criteria for private contracting listed in section 14130. However, "a reviewing court may, in appropriate circumstances, and consistently with the separation of powers doctrine, [15 Cal. App. As will appear, we conclude that no proper ground exists for overruling the private contracting restriction of prior case law, that the provisions of Chapter 433 on which Caltrans relies conflict with the constitutional principles of this case law, and that, accordingly, the trial court did not abuse its discretion in declining to modify or dissolve its earlier injunction. 2d 355, 896 P.2d 1365] (overbreadth and vagueness attacks on hate crimes statute); Voters for Responsible Retirement v. Board of Supervisors (1994) 8 Cal. FN 1. "Courts do not sit as super-legislatures to determine the wisdom, desirability or propriety of statutes enacted by the Legislature. It is the economic savings exception which is applicable here to find Chapter 433 constitutional on its face. Professional Engineers in California Government (PECG) is a union representing engineers and related professionals employed by the state of California. 4th 560] earlier determination but has supplied the factual basis the superior court determined was lacking. 514. Caltrans failed to appeal those orders. 'If there is any doubt as to whether the facts do or do not state a case of immediate necessity, that doubt should be resolved in favor of the legislative declaration .' [Citation.] 4th 566] privatization. In 1986, plaintiffs (a labor organization representing state engineers and a citizen/taxpayer) filed suit to enjoin Caltrans from contracting with private entities to carry out state highway projects traditionally done by state civil service employees. Service Employees International Union, Local 1000 (SEIU) 12 . Because the discussion of the prior and current litigation would be largely meaningless without knowledge of the underlying legal principles, we will [15 Cal. 3d 1035, 1040 [209 Cal. (Art. (Kopp v. Fair Pol. 2d 644, 652 .) Again, in Delaney v. Lowery (1944) 25 Cal. 2d 93, 95 [285 P.2d 41] [competitive proposals do not produce an advantage in hiring professionals such as architects].). Although the legislation at issue in Professional Engineers differs from Chapter 433 insofar as it involved no expenditure of state funds, the majority recognize that article VII would permit experimentation "despite the use of state funding." Section 14137, which purports to revive Caltrans's preexisting contracts despite the trial court's injunction, contains no express or implied findings that might satisfy the civil service mandate. is binding on the courts in the sense that the courts cannot then go behind those findings to find factual error or lack of what might be termed evidentiary support. [Citation.]" 424-430) clearly demonstrate, it is unnecessary for the Legislature to adduce concrete data or conclusive proof to confirm its determinations regarding the advantages of contracting with the private sector and the need for additional flexibility in that regard. of Transp. Caltrans claimed this staff reduction was needed to avoid a budget shortfall, but it was really attributable to Caltrans's preference for private contracting. of Equalization (1978) 22 Cal. Co. v. Deukmejian, supra, 48 Cal.3d at page 822, footnote 15 (attack on facial validity of initiative measure); Metromedia, Inc. v. City of San Diego (1982) 32 Cal. CalHR Grievance Procedure Under the Americans with Disabilities Act, CalHR Tribal Liaison and Tribal Consultation Policy, Public Announcements - January to June 2018, Public Announcements - July to December 2018, Business Service Assistant (Specialist) Examination, Appeal of Denial of Merit Salary Adjustment, Appeal of Layoff or Demotion in Lieu of Layoff, Request for Reinstatement after Automatic Resignation (AWOL), Request for Reinstatement after Automatic Resignation of Permanent Intermittent Employee (AWOL PI), Final Decisions on Appeal of Denial of Merit Salary Adjustment, CalHR Case Number 14-S-0106: Appeal of Denial of Merit Salary Adjustment, Final Decisions on Petition to Set Aside Resignation, CalHR Case Number 14-G-0055: Petition to Set Aside Resignation, Final Decisions on Request for Reinstatement After Automatic (AWOL) Resignation, CalHR Case Number 14-B-0132: Request for Reinstatement After Automatic (AWOL) Resignation, Unit 1 - Professional, Administrative, Financial, and Staff Services, Unit 3 - Professional Educators and Librarians, Unit 7 - Protective Services and Public Safety, Unit 11 - Engineering and Scientific Technicians, Unit 16 - Physicians, Dentists, and Podiatrists, Unit 19 - Health and Social Services/Professional, Unit 21 - Educational Consultant and Library, Calendars for Alternate Work Week Schedules, Basic Group Term Life Insurance - Excluded Employees, COBRA (Consolidated Omnibus Budget Reconciliation Act), Vacation vs. Agricultural, Chemical, Control Systems, Electrical, Fire Protection, Industrial, Mechanical, Metallurgical, Nuclear, and Petroleum Engineer Applicants 2d 93] (conc. Code, 14130.1, subd. App. [FtdI6B'[` M5qGw$u2J^tB}cs #""p hs@4p5@\]mf/;\=\zk/iJC3a3M$7E= t6l?tX-Fi'~JFJIo#sEiQ:WqO~;Km?EK~\%~i,DLzau[HN][4]h=$[RsW=XTjKuu/>_7#_%s (Lockard v. City of Los Angeles (1949) 33 Cal. 687, 696 [124 P. 427]; Barenfeld v. City of Los Angeles (1984) 162 Cal. opn., ante, at p. 569), the majority nonetheless decide that the ordinary deference courts owe to legislative action "vanishes" when "constitutionally protected rights" are threatened and that courts are not foreclosed from exercising "independent judgment of the facts" bearing on an issue of constitutional law (ibid.). You're all set! 414-417; see Williams, supra, 7 Cal.App.3d at p. Of course, under Riley, Caltrans has had and continues to have the opportunity to justify specific private contracts on the basis that they are needed to assure timely project delivery unobtainable through the available state civil service. The documents and information submitted with the application must substantiate that the requirements have been met. (Riley, supra, 9 Cal.2d at p. Otherwise, the judicial branch may be perceived as assuming the role of arbiter of social and fiscal policy, a role which is properly left to the representative branch of government. omitted, italics added. " fn. Therefore, I attached my resume by way of application. Although the Court of Appeal majority concluded that Chapter 433 alone justified dissolution of the 1990 injunction, we disagree, believing the principles announced in prior case law require a contrary holding. There are three categories of Professional Engineer licensure available in California: (1) practice act, (2) title act, and (3) title authority. )[2] in State Bargaining Unit 9.[3]. When it has made such judgments, we will not disturb them unless they are inherently improbable or unreasonable." As this very case illustrates, application of the majority's independent-judgment-of-the-facts approach permits legislative determinations and enactments to be "trumped" by court findings based upon scant evidence and never challenged on appeal. The Court of Appeal majority reversed the judgment and remanded the matter to the trial court with directions to dissolve its 1990 injunction. 875, 583 P.2d 729]; Los Angeles Met. The trial court clearly engaged in its own independent factual analysis to conclude that the findings expressed by the Legislature in support of Chapter 433 were unsubstantiated and wrong; hence, the legislation is unconstitutional. Third, the court found that Caltrans's revised plan for contracting activity during 1993-1994 was contributing to the displacement of permanent, temporary, and part-time civil service staff. 903, 415 P.2d 791] (anti-obscenity statute); Geiger v. Board of Supervisors (1957) 48 Cal. 851.) 4th 587]. Rptr. 1252.) The trial court stated: "The Court concludes that Chapter 433 of the Statutes of 1993 is unconstitutional in that it authorizes defendants to contract with private consultants for the performance of project development services without a factual showing that the contracts are permissible under article VII. Please note that this does not mean a license or certification must be issued, but simply that the process will be expedited. Caltrans relies in part on the August 1993 Assembly Committee on Transportation report indicating that the cost-effectiveness of contracting for professional services "is a hotly disputed topic" and commenting briefly on Caltrans's improved "project delivery" (resulting, as the trial court found, from Caltrans's deliberate failure to maintain an adequate civil service staff) (Assem. Presuming the Legislature acted with integrity and with the desire that Chapter 433 be valid and fall within constitutional bounds (Beach v. Von Detten, supra, 139 Cal. 4th 407, 414 [9 Cal. 3d 361, 368 [220 Cal. [establishing criteria for selection of contractors, selection process, and rules against conflicts of interest and unlawful activity].) (f), operative until Jan. 1, 1998, 14130.1, subd. Caltrans raises the preliminary question whether we should overrule the substantial body of case law holding that article VII restricts private contracting and in this manner free Caltrans from its obligations under the 1990 [15 Cal. (2) Contrary to new section 14130, subdivision (a)(4), Caltrans has not demonstrated that, because it must use private contracting to perform project delivery "adequately and competently," its actions fall within another exception to the civil service mandate. (Lockard v. City of Los Angeles, supra, 33 Cal.2d at p. In summary, the court found that Caltrans was violating the 1990 injunction by contracting with private entities without factually demonstrating that it had met the statutory criteria for doing so. Recent legislation authorizes a court to modify or dissolve an injunction or temporary restraining order "upon a showing that there has been a material change in the facts upon which the injunction or temporary restraining order was granted, that the law upon which the injunction or temporary restraining order was granted has changed, or that the ends of justice would be served by the modification or dissolution of the injunction or temporary restraining order." As this court stated 60 years ago, "judicial decisions abound with declarations to the effect that all presumptions and intendments favor the validity of statutes; that mere doubt by the judicial branch of the government as to the validity of a statute will not afford a sufficient reason for a judicial declaration of its invalidity, but that statutes must be upheld as constitutional unless their invalidity clearly, positively, and unmistakably appears." 548-550), as applied to those contracts. Former section 14130, subdivision (a), set forth certain legislative findings, including: (1) recognition of a "compelling public interest" in capturing and using in a timely manner available federal, state, local, and private funds for the state highway program (former 14130, subd. 3d 685, 691 [97 Cal. The constitutionality of Chapter 433 is a question of law; hence, "we are not bound by evidence presented on the question in the trial court. [] [] The legislative finding in subdivision (a)(4) categorically establishes the inadequacy of defendants' civil service staff to timely deliver the workload. VII, 1 (article VII)) and its implied mandate limiting the state's authority to contract with private entities to perform services the state has historically or customarily performed. In so holding, the Court of Appeal relied heavily on legislative findings and declarations that purport to justify Caltrans's contracting activities. 568.) Board for Professional Engineers, Land Surveyors, and Geologists, Civil Engineering Examinations Reference List. 4th 45, 60-61 [51 [15 Cal. The current contract with Unit 9 is in effect from July 1, 2022 through June 30, 2025. Sess.) Sess.) Please turn on JavaScript and try again. (a)(3), 14130.1, subd. FN 4. Recruitment Leader | Government Professionals (Construction, Property & Engineering) at Randstad Australia . FN 9. As this court has stated in conjunction with legislation alleged to be in violation of article VII, "the presumption of constitutionality accorded to legislative acts is particularly appropriate when the Legislature has enacted a statute with the relevant constitutional prescriptions clearly in mind. v. D.O.H. ht10:&D1@N%JAB`!3(btn,SNQjc[.^b2@T\ As we have seen, applicable case law allows the state to contract privately if the civil service is unable to perform the work "adequately and competently." As a member of the executive management team, Jason collaborates on business strategy, marketing, & operations mgmt for the company. 851. In April 1990, the trial court enjoined defendant state Department of Transportation (Caltrans) from privately contracting for engineering and inspection services that state civil service employees had traditionally performed on state highway projects. Const., former art. (Fns. with arguments to voters, Gen. Elec. App. The court found insufficient evidence to support Caltrans's contentions that (1) its increased project workload involved short-term or temporary work that private contractors could perform most economically and efficiently, or (2) private contracting would allow Caltrans to perform its work in a more timely and effective manner than hiring new civil service staff. 313, 1.5) dealt with contracts for professional and technical services. In other words, 'we do not look to the Constitution to determine whether the legislature is authorized to do an act, but only to see if it is prohibited.' State budget deficits,[5][6] furloughs,[7][8] and wasteful outsourcing[9][10] are among the many challenges facing PECG and the members. The majority's reliance on Turner is misplaced. Legislative findings based on evidence elicited at committee hearings or derived from extensive factual studies logically would be entitled to more weight than findings included in legislation solely to accommodate a litigant's request for relief. 710.) Any inability of civil service staff to deliver project workload on time is attributable to Caltrans's policy of inadequate staffing and reliance on private contracting. This court has followed this principle in a wide variety of situations. [15 Cal. 4th 553] the goals of this article," or to hire new staff "to an internal level that matches its ability to assimilate and productively use new staff."
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