Updated : Nov 19, 2019 in Articles

City Attorney Jan Goldsmith on Pension Initiative


{rtf1ansiansicpg1252cocoartf1038cocoasubrtf360
{fonttblf0fswissfcharset0 Helvetica;} {colortbl;red255green255blue255;}
margl1440margr1440vieww9000viewh8400viewkind0 pardtx720tx1440tx2160tx2880tx3600tx4320tx5040tx5760tx6480tx7200tx7920tx8640qlqnaturalpardirnatural f0fs24 cf0>>Joanne: CITY
ATTORNEY SCORED A VICTORY IN COURT YESTERDAY WHEN A JUDGE
REFUSED TO REMOVE THE PENSION REFORM INITIATIVE FROM THE JUNE
BALLOT. AS WE HAVE REPORTED FOR THE PAST
page COUPLE OF WEEKS UNION LEADERS SAY THE PECKS REFORM VIOLATES
LABOR LAWS. WITH MORE JANUARY GOLDSMITH IS
HERE. THANK YOU FOR BEING HERE.
>>THANK YOU.>>Joanne: LET’S BE CLEAR ON THE
RULING. THIS DOESN’T MEAN THE JUDGE
AGREES OR DISAGREES WITH THE LABOR UNION’S ASSERTION.
HE DIDN’T THINK THERE WAS A COMPELLING REASON TO KEEP THE
INITIATIVE OFF THE BALLOT.>>THAT’S CORRECT.
>>Joanne: SO, LET’S THEN TALK ABOUT THE UNION’S ASSERTION THAT
THE CITY DIDN’T — AND NOW THEY’RE PUTTING THE MEASURE TO
THE PUBLIC.>>THE MEASURE IS A INITIATIVE
PUT ON THE BALLOT BY 116,000 REGISTERED VOTERS WHO SIGNED A
PETITION. IT’S A CONSTITUTIONAL RIGHT IN
THIS STATE TO PUT A INITIATIVE ON THE BALLOT.
THE CITY COUNCIL IS THE ONLY OTHER BODY THAT COULD PUT SUCH
INITIATIVE OR PROPOSITIONS ON THE BALLOT.
THEY NEVER VOTED ON THAT. I DOUBT A MAJORITY WOULD EVEN
SUPPORT IT THIS IS NOT THEIR PROPOSAL.
IT COMES OUT OF A CITIZEN’S INITIATIVE THAT’S A
CONSTITUTIONAL RIGHT IN OUR STATE.
>>Joanne: WE KNOW THIS IS A FIGHT THAT WILL CONTINUE.
DESPITE THIS RULE THIS IS JUST THE BEGINNING OF A LONG COURT
BATTLE. WE KNOW, FOR EXAMPLE, TOMORROW
THE PUBLIC EMPLOYEES RELATIONS BOARD WILL LOOK AT THIS
PERCEIVED VIOLATION, START HEARINGS TOMORROW.
page WILL YOU BE AT THE HEARINGS TOMORROW.
>>WELL, PERB IS A STATE AGENCY THAT IS OUR ADVERSARY.
THEY HAVE TEAMED UP WITH LABOR UNIONS.
>>Joanne: SO PEOPLE KNOW THEY’RE A STATE QUASI JUDICIAL
AGENCY.>>NO THEY HAVE A DIFFERENT
FUNCTION IN THIS CASE. THEY ARE ACTUALLY CLAIMING THE
CITY HAS A OBLIGATION TO NEGOTIATE A CITIZEN’S
INITIATIVE.>>Joanne: I THINK THEY’RE
CLAIMING IN THE DECISION THE MAYOR ACTUALLY DID BY VIRTUE OF
HIS ACTIONS SUPPORT THIS INITIATIVE, AND DO A END RUN
AROUND THE PROCESS.>>YES, MAYORS SUPPORT
INITIATIVES SO DO GOVERNORS. THE GOVERNORS IS SUPPORTING A
CITIZENS INITIATIVE TO INCREASE TAXES.
IN FACT THE ORIGINAL INITIATIVE PROCESS WAS STARTED BY GOVERNOR
HIRAM JOHNSON, A POLITICIAN. THAT’S WHAT YOU DO, YOU GO TO
THE PEOPLE. THIS IS NOT JERRY SANDERS
INITIATIVE. IT’S 116,000 PEOPLE WHO FILED A
INITIATIVE. THEY HAVE A CONSTITUTIONAL RIGHT
AS DO THE MAYOR. THE ONLY ONES WHO CAN PUT A
PROPOSITIONS ON THE BALLOT IS THE CITY COUNCIL NOT THE MAYOR.
DEYOU SEEN’T HAVE A VOTE ON IT.>>Joanne: WILL YOU BE AT THE
HEARINGS TOMORROW.>>WE’RE HAPPY TO NEGOTIATE —
NO, NO ONE IS GOING UP THERE FROM WHAT I UNDERSTAND.
>>Joanne: FROM SIT OTHER?>>NEITHER LABOR OR THE CITY.
WE CAN NEGOTIATE A CHANGE IN A CITIZENS INITIATIVE.
page CAN YOU IMAGINE THAT, 116,000 PEOPLE — LET ME FINISH.
116,000 PEOPLE SIGNED A PETITION.
IT’S THEIR RIGHT UNDER THE CALIFORNIA CONSTITUTION.
THEY PUT THE PETITION UP AND SAY PUT IT ON THE BALLOT.
UNDER THE CONSTITUTION THE CITY HAS AN OBLIGATION TO PUT IT ON
THE BALLOT. WE CAN NOT CHANGE IT.
WE CAN’T SIT THERE AND HAVE OUR CITY COUNCIL NEGOTIATE AND SAY
PUT THIS IN AND THIS OUT. THAT WOULD VIOLATE THE
CONSTITUTION AND WE WOULD BE SUED BY PROPONENTS.
WHAT WE CAN DO, I HAVE BEEN SAYING FOR OVER A YEAR, THE CITY
HAS BEEN WILLING AND CAN NEGOTIATE PENSION CHANGES.
WE MADE AN OPENING OFFER TO NEGOTIATE WITH UNANIMOUS
CONSENT, UNANIMOUS OF THE CITY COUNCIL AND THE MAYOR.
WHICH I COMMUNICATED TO ALL OF THE LABOR UNIONS.
WE DID IT PUBLICLY. WE SAID WE WOULD LIKE TO
NEGOTIATE PENSION CHANGES. WE PUT ON THE TABLE A BUNCH OF
DIFFERENT ISSUES, A YEAR AGO.>>I RECEIVED A COPY OF THE
LETTER.>>Joanne: PERB IS A STATE
AGENCY AND ASKED BOTH SIDES TO COME TOGETHER.
WE WILL FIND OUT IF SOMEONE WILL BE.
THERE NO ONE FROM THE CITY WILL BE AT THE MEETING?
>>JOANNE, WE CAN NOT NEGOTIATE —
>>Joanne: IT’S NOT ABOUT NEGOTIATED CHANGES BUT
NEGOTIATING AT ALL.>>NO PERB MAYBE A STATE AGENCY.
WE’RE A LOCAL GOVERNMENT. PERB HAS SUED THE CITY AND TAKEN
page SIDES IN THIS CASE. THEY’RE TRYING TO CREATE NEW
LAW. NEVER IN THE HISTORY OF THE
STATE HAS A CITY, COUNTY, OR ANYONE BEEN REQUIRED TO
NEGOTIATE A CITIZENS INITIATIVE WITH ANYBODY INCLUDING LABOR
UNIONS. I CAN’T INTERFERE WITH THAT.
WHAT I WILL DO, I’M STILL AUTHORIZED BY THE CITY COUNCIL
AND MAYOR, I WILL BE HAPPY TO TALK PENSION REFORM OR CHANGE.
THE IS AY WILL NEGOTIATE THAT. WE CONDITION CHANGE A CITIZENS
INITIATIVE UNDERSTAND THE CONSTITUTION WE WOULD BE
VIOLATING THE CONSTITUTION. SO —
>>Joanne: GIVEN, IN RESPECT TO THE POINT THAT YOU ARE MAKING
116,000 PEOPLE SIGNED THIS INITIATIVE, WERE THEY GIVEN ALL
OF THE INFORMATION WHEN THIS INITIATIVE WAS PRESENTED TO
THEM. FOR EXAMPLE, THAT THE CITY MUST
OF KNOWN THIS WOULD FACE LEGAL ACTION.
THIS IS GOING TO GO ON FOR SOME TIME.
THIS IS ONLY THE BEGINNING OF A LEGAL BATTLE THAT WILL
PRESUMABLY COST TAXPAYERS MONEY. WERE PEOPLE GIVEN THIS
INFORMATION THAT THIS IS NOT PERHAPS THE PANCEA PEOPLE
CLAIMED IT TO BE. USING THIS INITIATIVE TO SOLVE
ALL OF THE PROBLEMS WILL FACE A NUMBER OF COURT CHALLENGES
GOING, PERHAPS YEARS DOWN THE ROAD.
>>YOU KNOW, I DON’T KNOW WHAT THEY WERE TOLD.
I WON’T SPEAK FOR THE PROPONENTS.
I WILL TELL YOU I AGREE IT’S BET TORE DO IT BY NEGOTIATION.
page THAT’S WHY I LEAD THE EFFORT LAST JANUARY, 2011.
WE TRIED WITH A MEDIATOR. THERE WASN’T INTEREST WITH THE
LABOR UNIONS. WE GOT ALL SIX IN ONE ROOM WITH
A MEDIATOR. WE TRIED.
I’M NOT THROWING BARBS AT THEM. IF THEY WANT TO NEGOTIATE THAT’S
A GOOD THING. I THINK IT’S ALWAYS BETTER TO
HAVE NEGOTIATIONS. WILL WE HAVE LITIGATION?
WE ALWAYS HAVE LITIGATION. MY JOB IS TO DEFEND THE CITY.
>>Joanne: WE HAVE TO LEAVE IT THERE.
>>– THAT’S THE PROPONENTS.>>Joanne: WE’RE OUT OF TIME.
THANK YOU, JANUARY GOLDSMITH, FOR BEING HERE.
>>IT’S MY PLEASURE, THANK YOU.}

Leave a Reply

Your email address will not be published. Required fields are marked *