SAN DIEGANS AGAINST CRIME
Political Action Committee
The defined benefits pension system has long assured the public of career law enforcement and prosecutors. Our men and women dedicated to public service have put their lives on the line and accepted below average wages for the work with the promise that, after dedicating 20 and 30 years to the government, the government would assure them a secure retirement.
That system is now under attack and greedy politicians are trying to balance their budget shortfalls on the back of the loyal men and women dedicated to public service. The attack seeks to dismantle the pension system reducing benefits by as much as 60% and eliminating inflation matching cost of living increases.
Explanation of Pension Initiative:
Pension Reform Initiative- Full Text
Pension Reform Initiative- Summary
Californian's for Health Care and Retirement Security Today Wayne Quint, President of the Orange County Deputy Sheriffs Association, made a presentation at CHCRS. Attending with John Moorlach has introduced the concept of a lawsuit to the Orange County Board of Supervisors to invalidate the negotiated agreement with the Sheriff’s union for a retirement benefit formula increase. Moorlach’s premise is that this contract violates the California Constitution because it provides a retroactive benefit to Sheriffs for service provided prior to the granting of the benefit. Moorlach asserts that this is a gift of public funds. He further asserts that the County cannot encumber this debt obligation, which is paid over an amortized period, without a two-thirds vote of the electorate. He proposed to file a lawsuit to invalidate this retroactive benefit and the Board has voted to approve moving forward with this litigation.
The Orange County Deputy Sheriffs Association has hired Morrison and Foerster to defend them in this lawsuit. However, they are a small union and have limited resources. They have asked the “Big Eleven” peace officer unions for assistance and many of these unions are contributing funds for the legal defense. The California Association of Highway Patrolmen (CAHP) has committed a $100,000 contribution. Several of the smaller unions have committed from $25,000 to $40,000.
The estimated cost of this lawsuit through the Supreme Court level is $1.3 million, plus about 20% additional for various related costs, for a total of about $1.56 million. If the union prevails they will request attorney’s fees (which may or may not be granted). If attorneys fees are granted all organizations will be refunded their contributions in a proportionate share based on the award. Attorneys for Morrison and Foerster feel very strongly that the law is on the side of the Sheriffs. CalPERS and other legal counsel we have consulted feel the same.
The ramifications of losing this case are tremendous. It would immediately put the SB 400 benefits in jeopardy, as all of the formula increases were retroactive. Thousands of state and local public employees would lose SB 400 retirement benefits as well as locally negotiated retroactive benefits. In addition, if Moorlach’s premise is upheld regarding the requirement for a two-thirds vote to encumber a public agency for any obligation funded over an amortized period, all current pension benefits are put in jeopardy, as are all health care and other benefits for retirees that are not prefunded.
Wayne or other peace officer representatives will be contacting unions to request assistance in funding this lawsuit.
CHCRS members also discussed coordination of public relations activities and consideration of CHCRS taking a lead role in this effort. I followed up with
November Meeting Summary
November 7, 2007 - CHCRS November Meeting Summary
October 31, 2007- Full Summary of SACRS Retroactive Benefits Survey.xls
October 31, 2007- Analysis of SACRS Retroactive Benefits Survey.doc
October 1, 2007- Law Enforcement Unites to Fight OC Pension Attack - LAPPL
