-
RSS

Recent Posts

No Fear with the World's #1 Wealth Coach: JT FOXX
San Jose to Hold Historic Vote on Tenant Protections, Evictions By Jennifer Wadsworth @jennwadsworth / April 17, 2017
Milpitas Police are Celebrating Family Accomplishments
Milpitas: 119 fallen police officers honored at Dave & Buster's
End of Watch, June 2015 Nine officers lost their lives in June

Categories

Fallen Officers and Help support to families
FOP Lodge 52 News
JT Foxx
Local News in San Jose
Other FOP State Lodge News
Welcome!
Who are we?
powered by

My Blog

Court Strikes Down San Jose Mayor Chuck Reed’s Challenge to Attorney General’s Summary of His Pension Reform Act

On March 17, 2014, a Superior Court judge rejected Mayor Chuck Reed’s challenge to the Attorney General’s summary of his “Pension Reform Act of 2014.”  Reed claimed the first sentence of Attorney General Kamala D. Harris’s summary was false, partial, and argumentative.  The Court analyzed the Attorney General’s sentence word-by-word, and found it was not false, misleading, or partial in any way.  

Attorney generals summarize each ballot initiative for voters in 100 words or less.  The summary appears on the initiative petition circulated among voters.  If a minimum number of voters sign the initiative petition, the initiative appears on the ballot.  The summary gives voters a sense of the measure’s purpose without creating prejudice for or against the proposed measure.  Attorney General Kamala D. Harris wrote the title and summary for Reed’s Pension Reform Act.  Reed challenged the first sentence of the summary, which stated:  “Eliminates constitutional protections for vested pension and retiree healthcare benefits for current public employees, including teachers, nurses, and peace officers, for future work performed.” 

First, Reed claimed the word “eliminates” was misleading because the initiative does not repeal or replace any provision of the state Constitution.  The Court agreed the initiative does not eliminate any provision of the state Constitution.  But the summary does not state the initiative eliminates constitutional provisions – the summary states the initiative eliminates constitutional protections.  The Court found the Attorney General’s characterization was accurate. 

Second, Reed argued the phrase “constitutional protections” is false and misleading because the California Rule granting public employees vested pension rights in retirement benefits is not constitutionally based.  The Court replied, “If the California Supreme Court says the California Rule’s protections are constitutionally based, they are.”

Next, Reed ignored California Supreme Court precedent a second time, arguing the word “vested” is false and misleading.  Reed claimed the word “vested” only describes benefits that have already been earned through past service, not benefits earned through future service.  Again, the California Supreme Court has used the term extensively to describe benefits earned through future service.

Finally, Reed challenged the Attorney General identifying “teachers, nurses, and peace officers” as affected public employees.  Reed claimed the Attorney General cherry-picked three very popular job classifications of public employees to discourage voter support.  In fact, those three job classifications make up close to half of all public employees.  The Court found the Attorney General accurately and concisely identified the affected employees for voters.  

The Court's decision marks another blow to Mayor Chuck Reed's initiative, which seeks to eliminate fundamental constitutional protections for California's public employees. 

http://mastagnilaw.blogspot.com/2014/04/court-strikes-down-san-jose-mayor-chuck.html?m=1

6 Comments to Court Strikes Down San Jose Mayor Chuck Reed’s Challenge to Attorney General’s Summary of His Pension Reform Act:

Comments RSS
Foreclosure Lithonia on Friday, August 01, 2014 12:38 AM
I really found very interesting about these topics because you have good content and unique thoughts on writing. So this might be useful to everyone. I really look forward some more updates. Thanks for sharing.
Reply to comment
 
Danielle Pirslin on Friday, August 01, 2014 8:15 AM
I really appreciate the comments because I was not sure anyone was reading the blogs I post. It is helpful when people make comments like this and make suggestions to things they would like to know about "public safety" and our officers. I hope to add more blogs really soon.


Daniel on Thursday, August 07, 2014 11:35 PM
You really came with perfect articles and great content. It will be better to say that you came with impressive well written articles. Thanks for related information about Court Strikes Down San Jose Mayor Chuck Reed’s Challenge to Attorney General’s Summary of His Pension Reform Act . SO I am really thank full to your for sharing a info. it very help full for me and everyone .
Reply to comment
 
Danielle Pirslin on Friday, August 08, 2014 12:41 PM
Thank you very much for the feed back, this helps to know what readers want so we can continue to deliver the best information to our readers.


William on Sunday, March 27, 2016 6:29 AM
This article contains very helpful informations. All those are related data about Court Strikes Down San Jose Mayor Chuck Reed's Challenge to Attorney General's Summary of His Pension Reform Act . SO I am truly thank full to your for sharing a data. it exceptionally full for me and everybody. Thank you so much.
Reply to comment


dissertation service uk on Tuesday, June 12, 2018 12:11 AM
Pension of the mayor that is when retirement will be completed the pension start from the some percentage of the salary for life. My grandfather pension is now started as he is retired by the factory and pension wills barley his life.
Reply to comment

Add a Comment

Your Name:
Email Address: (Required)
Website:
Comment:
Make your text bigger, bold, italic and more with HTML tags. We'll show you how.
Post Comment
Website Builder provided by  Vistaprint