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Pension settlement pending

City to pay former board members another $1.18 million for legal fees

San Diego's fight against having to pay legal fees for six former pension-board members accused of raising benefits, including their own, while reducing the amount the city pays into the pension system, is over.

On Tuesday, July 1, San Diego City Council members will finalize a $1.18 million settlement agreement with former boardmembers Cathy Lexin, Ronald Saathoff, and Terri Webster to pay for legal fees accrued in a case brought by the U.S. attorney’s office, bringing the city's total payout to nearly $7 million.

"The parties have reached a proposed settlement that still needs to be approved by the city council in open session," says Michael Giorgino, spokesperson for city attorney Jan Goldsmith.

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In January of this year, the state supreme court refused to review a court of appeals decision that required the city to pay the legal costs amassed by boardmembers in a criminal case filed by the district attorney. That case cost the city $5.4 million.

"The board members were not accused of theft-related crimes; the City was not a victim, but rather solicited the approval of [the second pension agreement]; the board members based their defense request on a resolution the City passed to specifically provide them with a defense to any claim or lawsuit arising from their approval of [pension agreement]; the City has never found the board members acted with fraud or outside the course and scope of their employment; and the board members' approval...has effectively been determined not to be criminal," reads the December 23, 2013, judgement from San Diego Superior Court judge William Dato.

Adding the two cases, the city's total payment will amount to nearly $7 million.

The $1.18 million payout, according to a city staff report, will come from the Public Liability Fund.

The $7 million represents a small fraction of the city's pension problem. The 2002 decision by Lexin and others to increase benefits while decreasing payments resulted in an estimated $2 billion dollar pension deficit.

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San Diego's fight against having to pay legal fees for six former pension-board members accused of raising benefits, including their own, while reducing the amount the city pays into the pension system, is over.

On Tuesday, July 1, San Diego City Council members will finalize a $1.18 million settlement agreement with former boardmembers Cathy Lexin, Ronald Saathoff, and Terri Webster to pay for legal fees accrued in a case brought by the U.S. attorney’s office, bringing the city's total payout to nearly $7 million.

"The parties have reached a proposed settlement that still needs to be approved by the city council in open session," says Michael Giorgino, spokesperson for city attorney Jan Goldsmith.

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In January of this year, the state supreme court refused to review a court of appeals decision that required the city to pay the legal costs amassed by boardmembers in a criminal case filed by the district attorney. That case cost the city $5.4 million.

"The board members were not accused of theft-related crimes; the City was not a victim, but rather solicited the approval of [the second pension agreement]; the board members based their defense request on a resolution the City passed to specifically provide them with a defense to any claim or lawsuit arising from their approval of [pension agreement]; the City has never found the board members acted with fraud or outside the course and scope of their employment; and the board members' approval...has effectively been determined not to be criminal," reads the December 23, 2013, judgement from San Diego Superior Court judge William Dato.

Adding the two cases, the city's total payment will amount to nearly $7 million.

The $1.18 million payout, according to a city staff report, will come from the Public Liability Fund.

The $7 million represents a small fraction of the city's pension problem. The 2002 decision by Lexin and others to increase benefits while decreasing payments resulted in an estimated $2 billion dollar pension deficit.

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4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
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