This article also appears in the Bay Area edition of The New York Times
San Jose Mayor Chuck Reed's hard-line approach could have national implications for employee and retiree benefits
By: Elizabeth Lesly Stevens
http://www.baycitizen.org/columns/elizabeth-lesly…
The finances of cities, counties and states are under siege. Chuck Reed, an old military man who is now mayor of San Jose, has decided to go nuclear.
While leaders of other struggling jurisdictions negotiate with public employee unions for relief, or flirt with bankruptcy filings, or propose laws to limit employees’ collective-bargaining rights, Reed has declared a state of fiscal emergency in his sprawling city of nearly 1 million people. The City Council is expected to make the declaration official at a meeting on Tuesday, imposing sort of the government-finance version of martial law.
In theory, at least, a state of emergency will enable Reed, a popular Democrat, to amend contracts and benefits packages of the city’s employees and retirees. Most significantly, in what may become a test-case with national implications, Reed is asserting that public employees have no “vested rights” to the specific terms of their pension plans and benefits going forward. (Already-accrued benefits would not be affected.)
The city’s unions are certain to fight him in court. And there’s a good deal of case law on their side. “No jurisdiction in California has ever, ever succeeded” in stripping away a public employee’s vested rights using a fiscal emergency as justification, said Robert Bezemek, an Oakland labor lawyer.
But Reed, a Stanford-trained lawyer himself, is confident that any judge hearing a union challenge will be persuaded that the direness of San Jose’s financial situation justifies his actions. And Amy B. Monahan, a law professor at the University of Minnesota who is an authority on pension law, said any decision in his favor would be closely watched around the country. “It’s highly relevant to what a lot of other cities and states are grappling with right now,” Professor Monahan explained.
Reed, 62, is an unlikely revolutionary: he is a former Air Force officer, Princeton man, father of a much-decorated fighter-pilot daughter and has been married for more than 40 years. Elected to a second and final term last June with 77 percent of the vote, Reed said he had no further political ambitions and would return to his private law practice. He knows he is proposing a drastic assault on what has been contractually promised to public employees.
End Part one
— May 24, 2011 9:11 p.m.
Bank Patron Bites Robber
C'mon pup...what would you do if someone clamped down with their incisors on your arm? What stand there and wag your tail. I think not, you'd do everything you could to free yourself from the vice like pressure bearing down on your arm.— June 24, 2011 12:59 p.m.
Bank Patron Bites Robber
The violent motions involved not only with the bite, but also with the suspect trying to free his appendage could easily cause a microscopic tear or opening in the gums at the tooth line. An area in very close proximity or direct contact to or with the suspect's bodily fluids. While her actions are/were heroic, ultimately, they are not smart considering the risks to personal health over a few dollars. She should definitely get tested ASAP and again in six months. Meanwhile, cautioning all of her partners.— June 23, 2011 11:41 a.m.
City Wants $250,000 More for Kessler Lawsuit
In for a penny....now in for pound... just wondering how much this will really cost the taxpayers over time.— June 16, 2011 2:24 p.m.
No Beach Parking Fees
So it's O.K. to violate the overnight parking rule, so long as you only do for three days. It's justification and rationalizations like this that gets us into more and more trouble. People who use the facilities should pay for the use. It just that simple. And, please don't tell me my taxes pay for it. Visitors, especially those who don't stay in hotels, don't pay for consumed services that my taxes are paying for. I am more than willing to pay to park at the beach, downtown, or anywhere else I want to go. I'm tired and now unwilling to pay so others may park for free, not to mention violating the overnight parking rules.— June 16, 2011 8:14 a.m.
Sheriff Looking To Order Some Heavy Iron
The Sheriff is ordering six, not 100 not 1000, just six. This means most of the commands will not any as most of the six will be in the SWAT Armory. You know the "Special Weapons" and Tactics team. No one in Law Enforcement is or has declared war...Nonetheless, there are repeated examples of our fellow citizens committing mass murders. Here's another SD example: The 1984 McDonalds' murders. At the time the WORSE one day massacre in U.S. History. http://www.youtube.com/watch?v=PjpL8HfWiiY— June 6, 2011 10:31 p.m.
Sheriff Looking To Order Some Heavy Iron
Pupster your ignorance is showing once again. Our citizens are very capable of crimes, for example, http://www.youtube.com/watch?v=zm1PEY8F4xE the 1997 North Hollywood shootout from a bank robbery gone bad. Or, closer to home, Brenda Spencer, "having a bad Monday" or Shawn Nelson, taking a 45 ton tank out on a test drive. The point is having as many tools as you can for any incident.— June 4, 2011 11:53 p.m.
San Jose Nixes "State of Fiscal Emergency" but Will Study Reduction of Retirement Benefits
Begin Part TWO But as a former military man, he is convinced that the ends justify the means. “I’m trying to avoid a disaster,” he said in an interview in his office Wednesday. Pension and retiree health costs now consume half of the city’s budget, Reed said. Five years from now, when those costs most likely will climb to $650 million if nothing is changed, civic life for San Jose’s residents will be unrecognizable, he predicts. After making its pension payments, the city will be unable to afford to offer almost any services and it will be able to afford to employ only 1,600 of its 4,200 employees. Reed offered this picture of life in San Jose: “A volunteer fire department, a mostly volunteer police department, and not much else. All libraries except Martin Luther King would be closed. All community centers, most likely closed. You cannot manage the 10th-largest city in the country with 1,600 employees and a volunteer fire department. It is impossible. It cannot happen.” The city’s unions complain that Reed did not really discuss pension reform measures with them before declaring the fiscal emergency. “I don’t think consensus building has ever been his strong suit,” Jim Unland, vice president of the city’s police union, said drily. “His tactic dictates a fight. That’s insane.” Reed said that because key unions (though not the police union) view the city’s financial projections as “imaginary,” negotiations are pointless. Some of his proposals require amending the city’s charter, and he’s determined to put those on the November ballot, so that they can take effect by the 2012-2013 fiscal year. Mayor Bob Foster of Long Beach said he was glad to see Reed leading the charge against the legal doctrine of vested rights. A victory in San Jose, Foster said, “would plow very new ground.” The law does evolve, and change certainly appears to be in the air. A February report by California’s independent, non-partisan Little Hoover Commission said “the state has no choice” but to adopt measures similar to those Reed is pursuing. “Public agencies must have the flexibility and authority to freeze accrued pension benefits for current workers,” it said, “and make changes to pension formulas going forward.” Easier said than done. But Chuck Reed, all steely determination and grim resolve, is committed to leading the charge.— May 24, 2011 9:12 p.m.
San Jose Nixes "State of Fiscal Emergency" but Will Study Reduction of Retirement Benefits
This article also appears in the Bay Area edition of The New York Times San Jose Mayor Chuck Reed's hard-line approach could have national implications for employee and retiree benefits By: Elizabeth Lesly Stevens http://www.baycitizen.org/columns/elizabeth-lesly… The finances of cities, counties and states are under siege. Chuck Reed, an old military man who is now mayor of San Jose, has decided to go nuclear. While leaders of other struggling jurisdictions negotiate with public employee unions for relief, or flirt with bankruptcy filings, or propose laws to limit employees’ collective-bargaining rights, Reed has declared a state of fiscal emergency in his sprawling city of nearly 1 million people. The City Council is expected to make the declaration official at a meeting on Tuesday, imposing sort of the government-finance version of martial law. In theory, at least, a state of emergency will enable Reed, a popular Democrat, to amend contracts and benefits packages of the city’s employees and retirees. Most significantly, in what may become a test-case with national implications, Reed is asserting that public employees have no “vested rights” to the specific terms of their pension plans and benefits going forward. (Already-accrued benefits would not be affected.) The city’s unions are certain to fight him in court. And there’s a good deal of case law on their side. “No jurisdiction in California has ever, ever succeeded” in stripping away a public employee’s vested rights using a fiscal emergency as justification, said Robert Bezemek, an Oakland labor lawyer. But Reed, a Stanford-trained lawyer himself, is confident that any judge hearing a union challenge will be persuaded that the direness of San Jose’s financial situation justifies his actions. And Amy B. Monahan, a law professor at the University of Minnesota who is an authority on pension law, said any decision in his favor would be closely watched around the country. “It’s highly relevant to what a lot of other cities and states are grappling with right now,” Professor Monahan explained. Reed, 62, is an unlikely revolutionary: he is a former Air Force officer, Princeton man, father of a much-decorated fighter-pilot daughter and has been married for more than 40 years. Elected to a second and final term last June with 77 percent of the vote, Reed said he had no further political ambitions and would return to his private law practice. He knows he is proposing a drastic assault on what has been contractually promised to public employees. End Part one— May 24, 2011 9:11 p.m.
DUI Checkpoint Screens Drivers Leaving Joel Osteen Event
There are several criteria for setting up a legally permissible DUI check point: A supervisory officer must plan a roadblock and choose a location with a high incidence of alcohol-related accidents and arrests, and at a time when traffic volume is appropriate; a neutral mathematical formula must be used to stop cars, like every third car; a highly-visible, well-lit lit area must be used along with warning signs and signals and clearly identifiable police personnel; motorists must only be detained long enough to determine sobriety and only detained if signs of drunkenness are evident; an area must be set up preceding the roadblock to allow motorists who choose not to go through the roadblock to avoid it; and the public must receive advance notification and publicity that a checkpoint will be set during a specified time without revealing its exact location. Considering all these requirements for a legal checkpoint, it seem someone didn't know or make the connection the event at the Valley View Sports Arena was a religious event.— May 17, 2011 4:45 p.m.
DUI Checkpoint Screens Drivers Leaving Joel Osteen Event
Valley View Casino purchased the naming rights to the San Diego Sports Arena, just like "Qualcomm" Stadium and "Petco" Park. While not the best name, I like it better than the I PAY ONE CENTER, the Sports Arena previous naming rights holder.— May 17, 2011 4:37 p.m.