Order denied in two-tier tiff
A judge has declined to issue a restraining order to stop the City Council from instituting a “two-tier” pension system that would require future employees to shoulder more of the payments into their pension fund. The city police and firefighter associations asked for the order in the first salvo of a legal battle over future pensions.
Judge Michael P. Vicencia told attorneys he was reluctant to issue a restraining order because the City Council had not finalized the actions necessary to institute the two-tier system.
“I feel uncomfortable with the court interjecting itself while the city is still deciding what to do,” the judge said.
“For a judge to interfere in the middle of a legislative act brings up all kinds of troubling notions about the separation of powers,” he said.
Last month the City Council unanimously took the first step toward changes for the pensions of future police, firefighters and other municipal employees, by expressing its intent to amend a contract with the state retirement system. City officials said if employees and management cannot agree during labor negotiations, the two-tiered pension system can be imposed upon the future employees.
The lawsuit claims the city violated state law by imposing the pension changes before exhausting negotiations, arriving at an impasse, or entering into mediation. In opposing the request for a restraining order, the city argued that changes to the pension plans would not be finalized until the council formally amends its contract with the state. The council is scheduled to take up the matter Sept. 28.
The new terms would reduce city payments for future employee pensions by about one third for police and somewhat less for firefighters.
“We are not happy that this is happening, I don’t ever wish to fight with the city, and I am always expecting to work together to come up with a solution,” said Aaron Bush, president of the firefighters association.
“The city has denied us our rights to meet and confer. We truly understand the bad economic climate, and we are not asking for more pay or benefits. At this time, we are asking for the right to meet and confer and negotiate with what the city wants to take away,” he said. ER