Posted on 06/06/2012 12:52:25 PM PDT by SmithL
San Jose police officers Wednesday made good on promises to legally challenge San Jose's voter-approved pension reform with a lawsuit filed in Santa Clara County Superior Court.
San Jose Police Officers' Association President Jim Unland said the lawsuit argues that the measure -- approved by almost 70 percent of voters Tuesday -- violates employees' "vested rights" to their pensions. He based that on a history of court rulings that effectively hold that government employers cannot cut back workers' retirement plans without offering a comparable benefit in return.
The officers asked the court to block implementation of the measure's provisions until the case is decided, Unland said.
"If we lose, so be it, but we'll at least try to fight it," Unland said, adding that the measure has poisoned any chance of cooperation between the city and its cops, who had offered pension cuts for new hires, which the city rejected as insufficient. "The days of trying to work with these folks are over. ... We'll see you in court."
The pension measure limits retirement benefits for new hires and requires current employees to either pay up to 16 percent of their salary more for their current pension plan or switch to one that is less generous. It also would allow the city to temporarily suspend cost-of-living pension increases for retirees in a fiscal emergency.
San Jose Mayor Chuck Reed, who urged approval of Measure B, said the city Tuesday asked a federal court to rule quickly on its legality.
(Excerpt) Read more at mercurynews.com ...
That “serve and protect” crap on the squad cars really means “serve and protect ourselves, screw you.”
It’s such a crackup to watch socialists take advantage of every tool the system they despise provides for them.
I’ll bet this is going to win a lot of friends from the voting public.
It’s like watching unions on suicide watch.
Where does “vested rights” equate to “new employees?”
These cities should just go ahead and file bankruptcy....It will be cheaper and quicker in the long run. Break all the contracts that rape taxpayers....then start over with new rules that prevent the unions from holding city governments hostage.....
Here come the judges to tell the people, “You vote; we decide!”
re: “He based that on a history of court rulings that effectively hold that government employers cannot cut back workers’ retirement plans without offering a comparable benefit in return.”
And, who are the “government employers”? We, the Taxpayer, that’s who. So the Taxpayers have no right to cut back public worker retirement plans when there is less money?? How is that “comparable” to the real world?
When a company loses money to the point it has to cut back workers or benefits - do they have to offer something back of comparable value? Of course not - how could they? If they could they wouldn’t have cut the benefit to begin with.
If public employees ever want to gain a modicum of respect and regard from the general public (which many probably don’t, but I’m being generous), they need to start living in RealityVille.
re: “He based that on a history of court rulings that effectively hold that government employers cannot cut back workers’ retirement plans without offering a comparable benefit in return.”
And, who are the “government employers”? We, the Taxpayer, that’s who. So the Taxpayers have no right to cut back public worker retirement plans when there is less money?? How is that “comparable” to the real world?
When a company loses money to the point it has to cut back workers or benefits - do they have to offer something back of comparable value? Of course not - how could they? If they could they wouldn’t have cut the benefit to begin with.
If public employees ever want to gain a modicum of respect and regard from the general public (which many probably don’t, but I’m being generous), they need to start living in RealityVille.
officers. it’s time for you to police your unions...
Look, if you think you can do better, feel free to resign, just like those of us in the private sector. Or, the city will file for bankruptcy, and unilaterally break the contract, and replace most of you.
Andd where will we find the people capable of t aking your place? Well, we have all these veterans coming home from Iran and Afghanistan. Heroes all, they need jobs, good jobs, and they already possess many of the needed skills.
In the past those tactics, delayed and tied up in court rulings, might have worked.
Now they are playing with fire, it’ll only piss off more of the people they need to ‘win over’.
If the reduction is a go-forward reduction becoming effective in the next plan year this is not a violation of their rights. There is no retroactive reduction in benefits and no alienation of benefits. Of course, I’m not a screaming lib Clinton appointee, so the lawsuit will probably prevail.
Have you seen the bigger piggies
In their starched white shirts
You will find the bigger piggies
Stirring up the dirt
Always have clean shirts to play around in.
In their sties with all their backing
They don't care what goes on around
In their eyes there's something lacking
What they need's a damn good whacking.
Everywhere there's lots of piggies
Living piggy lives
You can see them out for dinner
With their piggy wives
Clutching forks and knives to eat their bacon.
- G. Harrison (The Beatles)
You and I have always hoped that somehow, California could recover its sanity. Maybe this is a beginning.
Not a surprise. They probably already had the papers drawn up, all they had to do was stamp the date.
:: The days of trying to work with these folks are over. ... We’ll see you in court. ::
if I were a voting citizen of SJ, I’d go to the city’s leagl counsel and request to added to their defense. And then, encourage everyone who voted in the affirmative on the measure to show up in court.
Fire departments should be volunteer, only big cities should have tax payer funded fire departments, EMTs are vital though. Here in Tucson, AZ. they have a fire house, resort on every corner, the trucks just sit there, I wonder how they would react if I stopped by and asked to use their wonderful facilities, seeing as how they have no need to leave such splendid accommodations. I have a cousin whose a police officer, married to a firefighter, thy haven’t a care in the world, plenty of time to travel and enjoy their wealth provided by the naive tax payer and the corrupt politicians whom fill their coffers.
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