Have a Safe and Happy 4th of July Holiday!

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Nation watches as San Jose voters dismantle benefits for public employees

Five reasons why “pension reform” is a TERRIBLE idea

By Elisabeth Parker

As California goes, so goes the nation
– author unknown

As a conservative friend of liberal blogger Justin Rosario asked, “Why should public sector jobs be better than private sector jobs?” San Jose voters apparently asked the same question, while casting their ballots for Mayor Chuck Reed’s Measure B, which drastically reduces benefits for our public employees. The question we REALLY should be asking is, “Why have private sector jobs gotten so much worse?” Within many of our living memories, the majority of U.S. workers enjoyed secure employment and generous benefits, including pensions or 401K matching, medical/visual/dental, paid holidays, and vacation time. We forget that back when today’s retiring police, fire fighters, teachers, and other public employees launched their careers, they sacrificed the significantly higher wages then offered by the private sector to follow their calling to serve.

Where are Our Officers Disappearing To?

Protect San Jose has been telling you for quite sometime that Mayor Reed's misguided, though politically popular, demagoguery towards public sector employees is imploding the San Jose Police Department. During his tenure at City Hall the SJPD has shrunk by 25%. Every week we are learning of additional officers that are leaving SJPD for better opportunities with other cities.

"There is no way in good conscience that I could recommend your department to anyone..."

 

Due to the dramatic increase in resignations from SJPD, and an awareness that it is impossible for San Jose to train enough officers to compensate for these loses and keep residents safe, the department is making a desperate attempt to hire laterals (already trained officers currently working for other agencies).  

Nearly 100 SJPD Resignations--a Model for Other Cities to Follow?!

By Sgt. John Robb

In the City of San Jose, the issue of pension reform became quite contentious over the last 18 months.  The story has been covered in local papers and the national media.   City officials and elected leaders argued that pension reform needed to occur and opted for the ballot box nuclear option rather than a solution involving the unions.  But did city leaders tell the whole truth?

A Lesson from the Past

By Joseph D. McNamara

From 1976 to 1991, I served as police chief of San Jose. I was never a member of, nor represented by, the Police Officers Association and was not included in the Police Retirement Fund. I do not collect a pension from San Jose and have no vested financial interest in whether or not the Pension Reform Ballot Measure passes. I do firmly believe, however, that the issue of pension reform has been unfairly framed for discussion against the legitimate interests of the police and the public.

Lawsuits Filed Today Against San Jose's Illegal Measure B

 

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. 

Thank you,

Jim Unland

Jim Unland is President of the San Jose Police Officers' Association

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