Yesterday, the voters in San Jose approved Measure “B” by approximately 70%. Today, we filed a lawsuit against the City of San Jose and the Police and Fire Retirement Board on behalf of the San Jose Police Officers’ Association. Our lawsuit alleges numerous violations of the State Constitution and our members’ contractual “Vested” rights. After the lawsuit was filed, a motion for a temporary restraining order was filed.
Click here to see a copy of the POA’s lawsuit.
San Jose Fire Fighters’ Local 230 also filed a lawsuit against the City of San Jose on behalf of their members.
Click here to see a copy of Local 230’s Lawsuit.
Yesterday, before the votes were counted, the City filed a lawsuit in Federal Court seeking a judicial ruling that Measure B does not violate the Federal Constitution. City lawyers subsequently served us with the lawsuit and the official summons while we were in State Court.
Click here to see a copy of the City’s lawsuit.
We appeared before State Superior Court Judge Patricia Lucas to argue for a Temporary Restraining Order (T.R.O.) to prevent the implementation of Measure B. Rather than argue against the T.R.O., the City lawyers agreed to stipulate, on record before the judge, that no part of measure B would be implemented until further notice. This stipulation will remain in effect at least until our next scheduled court hearing on Tuesday June 19th. The P.O.A. agreed to that stipulation as it provided the same legal protections as the 10 day T.R.O. would have given us.
A press conference announcing our actions was held in front of the courthouse. Coverage was extensive.
We will provide links to these reports after they air.
Please be assured that the San Jose Police Officers’ Association and San Jose Fire Fighters Local 230 are taking all necessary legal action to ensure that Measure B will not be implemented. As with all matters pending before the court, the process is expected to be quite lengthy. I will keep you apprised of future legal developments as they arise.
Jim Unland is President of the San Jose Police Officers' Association