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San Jose unions sue to block pension reform
San Jose Mercury News ^ | 6/6/12 | John Woolfolk

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 ...


TOPICS: Front Page News; Government; Politics/Elections; US: California
KEYWORDS: parasites; pensionreform; sanjose; taxandspend; unionthugs; yourtaxdollarsatwork

1 posted on 06/06/2012 12:52:36 PM PDT by SmithL
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To: SmithL

2 posted on 06/06/2012 12:55:34 PM PDT by tflabo (Truth or tyranny)
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To: tflabo

That “serve and protect” crap on the squad cars really means “serve and protect ourselves, screw you.”


3 posted on 06/06/2012 1:00:15 PM PDT by henkster (Wanted: Politicians willing to say "No" to people. No experience required.)
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To: SmithL

4 posted on 06/06/2012 1:01:28 PM PDT by GeorgeWashingtonsGhost
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To: SmithL

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.


5 posted on 06/06/2012 1:02:36 PM PDT by DoughtyOne (Republicanism: Y1 Rant Y2 Rant Y3 Rant Y4, Oh nevermind, vote for him anyway. Rinse & Repeat!)
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To: SmithL

Where does “vested rights” equate to “new employees?”


6 posted on 06/06/2012 1:04:37 PM PDT by Gaffer
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To: tflabo

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.....


7 posted on 06/06/2012 1:04:37 PM PDT by Hogblog
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To: DoughtyOne

Here come the judges to tell the people, “You vote; we decide!”


8 posted on 06/06/2012 1:04:37 PM PDT by kevao
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To: SmithL

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.


9 posted on 06/06/2012 1:09:33 PM PDT by rusty schucklefurd
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To: SmithL

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.


10 posted on 06/06/2012 1:09:43 PM PDT by rusty schucklefurd
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To: SmithL

officers. it’s time for you to police your unions...


11 posted on 06/06/2012 1:14:53 PM PDT by dadfly
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To: Hogblog; All
Concur 100%..and hey, all you cops, firefighters, and EMTs..all you first responders...while I have the greatest admiration and respect for your courage and service, you must start to understand that it's a whole new ball game..the $$ simply aren't there to meet the promises that were made, without the $$$ to pay for them.

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.

12 posted on 06/06/2012 1:21:31 PM PDT by ken5050 (FRACK Obama!!!)
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To: SmithL

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’.


13 posted on 06/06/2012 1:22:56 PM PDT by Sir Napsalot (Pravda + Useful Idiots = CCCP; JournOList + Useful Idiots = DopeyChangey!)
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To: SmithL

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.


14 posted on 06/06/2012 1:25:37 PM PDT by Buckeye Battle Cry (Not Romney - Not ever!)
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To: SmithL
Have you seen the little piggies
Crawling in the dirt
And for all the little piggies
Life is getting worse
Always having dirt to play around in.

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)

15 posted on 06/06/2012 1:40:06 PM PDT by Drill Thrawl (Another day. Another small provocation. Another step closer.)
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To: DoughtyOne

You and I have always hoped that somehow, California could recover its sanity. Maybe this is a beginning.


16 posted on 06/06/2012 1:45:52 PM PDT by ding_dong_daddy_from_dumas (Fool me once, shame on you -- twice, shame on me -- 100 times, it's U. S. immigration policy.)
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To: SmithL

Not a surprise. They probably already had the papers drawn up, all they had to do was stamp the date.


17 posted on 06/06/2012 1:50:19 PM PDT by SandyInSeattle (Running in circles and screaming is not a strategy.)
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To: SmithL

:: 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.


18 posted on 06/06/2012 1:51:05 PM PDT by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alterations - The acronym explains the science.)
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To: ken5050

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.


19 posted on 06/06/2012 1:55:43 PM PDT by IslamE (epiphany)
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To: DoughtyOne

20 posted on 06/06/2012 2:21:01 PM PDT by ding_dong_daddy_from_dumas (Fool me once, shame on you -- twice, shame on me -- 100 times, it's U. S. immigration policy.)
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To: SandyInSeattle

Yep...they sure acted quickly. Like a bunch of vultures who were circling just waiting to tear apart the wounded victim.


21 posted on 06/06/2012 2:23:23 PM PDT by CitizenM (Obama - The architect of the decline of the U.S.)
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To: ding_dong_daddy_from_dumas
Nice - but that second panel left out the "i".

As in "ruin"!       ;^)

22 posted on 06/06/2012 2:40:43 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: SmithL

Who didn’t see this coming?


23 posted on 06/06/2012 2:42:29 PM PDT by Little Ray (FOR the best Conservative in the Primary; AGAINST Obama in the General.)
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To: rusty schucklefurd

Unionized judges ruling...yes, that’s fair.


24 posted on 06/06/2012 2:47:04 PM PDT by wac3rd (Somewhere in Hell, Ted Kennedy snickers.....)
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To: SmithL

Federal courts have ruled that states, county legislatures and tribal councils are sovereign. A sovereign can nullify the actions of a previous legislature. I suspect the sovereignty ruling would apply to city councils as well.

If California is somehow a special case that’s immune to the concept of sovereignty, someone give me the facts.


25 posted on 06/06/2012 2:54:09 PM PDT by sergeantdave (Public unions exist to protect the unions from the public)
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To: ken5050

Could bankruptcy vs higher taxes be a ballot issue in November?


26 posted on 06/06/2012 2:56:31 PM PDT by sanjuanbob (Festina Lente)
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To: Drill Thrawl

I was an 19 y/o kid from Ohio living in Hollywood when the White Album came out. I still recall listening to KHJ who was playing the entire album. In between the songs, someone was introducing each new track and telling a background story on it or the recording session.

It was George Harrison.


27 posted on 06/06/2012 2:59:32 PM PDT by newfreep (Breitbart sent me...)
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To: newfreep

On second thought, I think it was KRLA.


28 posted on 06/06/2012 3:00:34 PM PDT by newfreep (Breitbart sent me...)
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To: brityank
Nice - but that second panel left out the "i". As in "ruin"! ;^)

Or they make the govt. bigger and ruin everything else.

29 posted on 06/06/2012 3:08:42 PM PDT by ding_dong_daddy_from_dumas (Fool me once, shame on you -- twice, shame on me -- 100 times, it's U. S. immigration policy.)
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To: SmithL

In addition to bankruptcy, what’s to stop the city council from waiting until current contracts expire and then simply telling the unions to take the new deal or leave it?


30 posted on 06/06/2012 4:01:48 PM PDT by rottndog (Be Prepared.....for what's coming AFTER America.)
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To: SmithL

Voting is so UNFAIR...


31 posted on 06/06/2012 4:23:22 PM PDT by ExCTCitizen (If we stay home in November '12, don't blame 0 for tearing up the CONSTITUTION!!)
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To: SmithL
San Jose Police Officers' Association President Jim Unland said "The days of trying to work with these folks are over. ... We'll see you in court."

Liberals ALWAYS proclaim the position of their victims when they attack. It's Rule #1 in their operations handbook.

The Romans said, "Cry havoc and let slip the dogs of war."

The liberals say, "Cry victimization, and shoot the dog wagging it's tail on the porch."

32 posted on 06/06/2012 5:02:27 PM PDT by Talisker (One who commands, must obey.)
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To: rusty schucklefurd

The union government employees are supposed to be public servants however, they are in service to themselves and abuse the public.

We need to get rid of government employee unions. It is a conflict of interest.


33 posted on 06/06/2012 8:12:20 PM PDT by SaraJohnson
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