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The Quarterly Association Newsletter
In other news....
OPEN LETTER TO MEMBERSHIP
According the PPOACCC’s law firm, Goyette & Associates, there was a recent conference among the Petitioner’s (that includes the PPOACCC) counsel. Attached is a copy of the Judge Flinn Statement of Decision Upon All Issues. It’s lengthy just like the previous rulings were, but the result is the same as before, the Court denied our writ... Read more >
PENSION LAWSUIT LETTER TO MEMBERS
Here is the latest information from the most recent Pension Lawsuit Hearing, March 7, 2014. According to the representing law firm, there is no final decision and Judge Flinn will revise the tentative decision again on March 21, 2014. ... Read more >
PENSION LAWSUIT UPDATE
As most of you probably know through the various newspaper articles, after almost year of litigation the Court is prepared to make a decision regarding the current Pension Lawsuit, will decide whether Terminal Pay (accrued, but unused Vacation and Holiday Pay) will be included in the final compensation for PPOACCC Members, county employees. In other words, will Terminal Pay still count toward your pension... Read more >
PETITIONER PHASE 1 BRIEF
With the enactment of Assembly Bills 197 and 340, the Legislature has imposed sweeping
new changes to the field of public employee pensions. For employees who are members of
retirement systems under the County Employees Retirement Law of 1937 (“CERL”),
Government Code sections 31450 et seq., A.B. 197 and the similar provisions of A.B. 340
significantly limit what employee compensation may be considered “compensation earnable” for
purposes of computing an employees’ final retirement benefit... Read more >
PENSION LAWSUIT UPDATE FROM GOYETTE & ASSOCIATES LAW FIRM
The Court has just issued an order to coordinate the four pending cases to the Contra Costa County Superior Court. The court determined that there are common issues of law that predominate among the lawsuits, and there is also a need to avoid inconsistent rulings. He identified six common questions which he felt redominated the unique factual determinations for each county. The ruling is attached to review for all the details.
Moving forward, the Court has scheduled a case management hearing for June 20, 2013, to explore the most efficient way to proceed with the issues. Before that hearing, I will be teleconferencing with Petitioner’s counsel to develop a strategy.
Also, the State has filed a first Amended Complaint in Intervention. The State was required by the Court to file an amended complaint due to the Court sustaining the demurrer. Download the lawsuit decision>
PPOACCC PENSION LAWSUIT UPDATE FROM GOYETTE & ASSOCIATES LAW FIRM
This is an update from Goyette & Associaties for the Assembly Bill 197 lawsuit. On May 24, 2013, a hearing was held for the named Plaintiffs’ and Intervenors’ demurrers, which challenged the State’s complaint in intervention. A Defendant’s complaint in intervention is essentially an answer, and the demurrers argued that the State’s answer did not address the Petitioners’ allegations. The judge had released a tentative decision overruling the demurrer. After the hearing, however, the judge changed its decision and sustained the demurrer with leave to amend. This means the State has 30 days to
amend its complaint in intervention so that it actually responds to the complaint, instead of bringing in issues that were not in dispute.. Read the whole article >
LAWSUIT UPDATE FROM GOYETTE & ASSOCIATES LAW FIRM
This is an update regarding the CCCDSA v. CCCERA pension lawsuit, for which PPOACCC is participating as an intervening Petitioner. The State filed a Complaint in Intervention last month, alleging that it has
an interest in defending the laws of the state and establishing that AB197 is constitutional “on its face.” Because the State has intervened as a Defendant, their Complaint in Intervention is essentially viewed by the court as an Answer to our Petition. Read the whole article >
UPDATE ON AB 197LAWSUIT & RETIREMENT CONTRIBUTION
The "Stay" issued by the Superior Court on postponement of implementation of AB 197
in Contra Costa County continues to remain in effect.
The Superior Court held another "status conference" on the lawsuit on March 26th,
again the "Stay" Order continues to be in effect. Read the whole article >
COURT POSTPONES AB 197 IMPLEMENTATION
On Wednesday, November 28, 2012, the Superior Court in Contra Costa
County ordered a Stay on implementation of AB 197 in Contra Costa
County. The Stay is effective for 60 days following the the courts decision
on the matter (Takeaway of "Terminal Pay").
The suit was filed and arguments made by attorneys representing the DSA
(Deputy Sheriff Association) and IAFF (United Professional of Fire Fighters)
Local 1230.
The remaining unions/associations representing retirement members will
possibly be intervening (joining) in this case.
A new court date has been set for review of the issue on December 18th but
no court date for the actual hearing of arguments has been set. It is
expected that a court date to hear the arguments will be made sometime in
the first quarter of 2013.
Therefore, there is no need at this time to retire by 12-31-2012 to protect
your vested "Terminal Pay" benefit. The issue is not resolved but the
implementation has been postponed.
The PPOACCC's representing law firm, Goyette & Associates, Paul Goyette
indicated he will prepare an update for the Members of the PPOACCC within
the next couple of days. He also anticipates filing a complaint in intervention (to
the injunction) relatively soon. Which means the Association will "piggyback" on
the DSA and Firefighters injunction.
NEGOTIATIONS UPDATE
by John Ebrahimi
The purpose of this paper is to allay fears of retirees regarding a proposed initiative measure, called "The McCauley Public-Employee Pension Reform Act" (08-0018). The initiative would amend the Contracts Clause of the California Constitution to provide that public-employee pension contracts may be re-negotiated to include reductions of vested benefits of existing and future retirees. This amendment would effectively eliminate the Contract Clause of the California Constitution as a protector of vested pension benefits.
The negotiating team met with the County on 3/1/12, and received the County’s
last best and final offer. This does not mean we are at impasse. Look at it like this, they
are trying to speed things up to reach a conclusion. The “low-lights” of the final offer
include a 2.56% pay reduction, employees continue to be responsible for 100% of
medical increases, County will no longer subvent 25% of the cost of pension (an approx.
4.4% increase to our pension cost), two-year contract term, our subvention of County’s
cost of pension reduced from 9% to 4.5% (this is basically offsetting the shift of 4.4%
mentioned above), new retirement tier for employees hired after January 1, 2013 (3%
@55) and a few minor items regarding MOU language, electronic time keeping and
federal law language regarding “eligible dependants.” There are no highlights. Read the whole article >
THE PROPOSED MCCAULEY INITIATIVE MEASURE
"Much Ado About Nothing"
by L. Douglas Pipes
The purpose of this paper is to allay fears of retirees regarding a proposed initiative measure, called "The McCauley Public-Employee Pension Reform Act" (08-0018). The initiative would amend the Contracts Clause of the California Constitution to provide that public-employee pension contracts may be re-negotiated to include reductions of vested benefits of existing and future retirees. This amendment would effectively eliminate the Contract Clause of the California Constitution as a protector of vested pension benefits.
The good news is that even if passed by the electorate, the McCauley initiative would not take away vested pension benefits of California's public employee retirees. The courts would stop the McCauley initiative from allowing California governmental agencies to strip away your vested pension benefits.
The reason is simple: The McCauley initiative would constitute an unlawful taking of private property without due process of law in violation of the California Constitution, and it would also violate the Contracts Clause of the United States Constitution. Read the whole article >
There was a Board of Supervisors meeting where they had a presentation on Health Benefits. We believe this is important for our members to know. Video presentation included.
Executive Board Meeting Minutes are available for viewing in the Member Zone.
The PPOACCC has become aware of the Juvenile Hall Uniform and Dress Regulations, Bulletin No 113. We believe some of the requirements are unacceptable and have scheduled a meet and confer for Tuesday, August 5, 2008.
The Contra Costa Couny Board of Supervisors adopted Resolution No. 2008/335 approving settlement agreements with the Public Employees Union Local One, United Professional Firefighters Local 1230, AFSCME 512, District Attorney Investigators’ Association, and the Probation Peace Officers’ Association of Contra Costa County, relative to safety employees’ payment of enhanced retirement costs associated with salary driven benefits, retroactive to January 1, 2007, as recommended by the Human Resources Director. (Budgeted) (All Districts)
Contra Costa County Board of Supervisors, at their March 7th meeting adopted resolution 2007/140 to formally recognize the newly formed employee organization named the Probation Peace Officers Association of Contra Costa County, established on February 22, 2007 by decertification election, as recommended by the Assistant County Administrator-Human Resources Director. (All Districts)
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