William L. and Marsha G. Kidd - Page 3

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          and Game (department).  The plaintiffs asserted in the lawsuit              
          that the department’s affirmative action policy known as                    
          supplemental certification was in violation of their rights under           
          (1) the Equal Protection Clause of the 14th Amendment to the U.S.           
          Constitution, (2) the merit principle described in Cal. Const.              
          art. VII, sec. 1, subdiv. b, and (3) Cal. Govt. Code secs. 19704,           
          19705, and 19057 (West 1993).2  Supplemental certification                  
          allowed certain minority and female applicants to be selected for           
          positions in California civil service to the exclusion of                   
          individuals who performed better on a competitive examination.              
          The plaintiffs had each applied for employment positions with the           
          department, and the department had through supplemental                     
          certification filled those positions with individuals who had               
          performed worse than plaintiffs on the competitive examinations.            
          The plaintiffs did not in the lawsuit request an award of                   
          monetary damages.  The plaintiffs prayed that the defendants be             
          ordered to stop using supplemental certification and that the               
          individuals who were hired pursuant to supplemental certification           
          be discharged from employment.                                              

               2 Cal. Const. art. VII, sec. 1, subdiv. b provides:  “In the           
          civil service permanent appointment and promotion shall be made             
          under a general system based on merit ascertained by competitive            
          examination.”  Cal. Govt. Code sec. 19057.1 (West 1993) requires            
          that appointments to California civil service be made from the              
          top three ranks of eligible applicants as determined by                     
          competitive examination.  Cal. Govt. Code secs. 19704 and 19705             
          (West 1993) prohibit the appointing power from receiving any data           
          related to an applicant’s race or gender.                                   





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