William L. and Marsha G. Kidd - Page 5

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          statutory rights”.  See Kidd v. State, 72 Cal. Rptr. 2d 758, 773            
          (Cal. App. 1998).  The court of appeals rejected as part of any             
          equitable remedy that the defendants be ordered to discharge from           
          employment those individuals who were hired pursuant to the                 
          supplemental certification.  The court of appeal rested its                 
          decision on its interpretation of the California Constitution and           
          California Government Code and declined to decide the plaintiffs’           
          claim under the U.S. Constitution.                                          
               Upon remand, counsel for the parties to the lawsuit met on a           
          few instances in the presiding Judge’s chambers to discuss                  
          settlement of the lawsuit and, more particularly, the specific              
          equitable remedy to which the plaintiffs were entitled under the            
          directive of the court of appeal.  During their discussions, the            
          parties to the lawsuit disputed the form of that remedy in that             
          neither plaintiff still wanted the civil service position for               
          which he had applied, and, even if he did, the results of his               
          prior competitive examination were too old to qualify him for               
          that position.  The parties’ counsel discussed settling the                 
          equitable remedy award through a monetary payment but this was              
          problematic in that Swiden had suffered an economic loss from the           
          defendants’ violation of his rights but Kidd had not; Kidd had              
          earned more money during the relevant period than he would have             
          earned had he been employed in the civil service position for               
          which he had applied.  The defendants made a settlement proposal            






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