Council backs pension cuts for new workers – Los Angeles Times

Despite raucous protests and threats of a lawsuit from labor unions, the Los Angeles City Council voted Tuesday to roll back pension benefits and boost the retirement age to 65 for new civilian employees.

The 14-0 vote represented a major victory for Mayor Antonio Villaraigosa, who has been pushing pension reform for months in the face of criticism from labor leaders who have compared him to Scott Walker, the Wisconsin governor who has battled unions for much of his first term.

For The Record

Los Angeles Times Friday, September 28, 2012 Home Edition Main News Part A Page 4 News Desk 1 inches; 58 words Type of Material: Correction

Los Angeles pensions: An article in the Sept. 25 LATExtra section about a new pension plan approved by the Los Angeles City Council said that Councilman Eric Garcetti didn’t expect substantive changes to the plan to come from a new round of talks with city labor leaders. Garcetti says he was not predicting the outcome of the talks.

Passage of the plan was shepherded by council President Herb Wesson, who told the rowdy crowd of union members that the pension changes were unavoidable. In a rare, lengthy speech, he noted that after his father died in 1974, members of his father’s union gave him $870 so he could move to Los Angeles.

“If I slit my wrist, I would bleed union blood,” Wesson said. “Do you think I want to do this? No. We have to do this.”

Under the new plan, spouses of retired workers will no longer be eligible for city-funded healthcare. City employees will see their take-home pay reduced in years when their retirement fund takes a hit in the stock market. And workers who retire at the age of 55 after 30 years of city employment will receive pensions that are roughly one-third the amount provided to existing employees.

The changes will only apply to newly hired civilian workers and will not affect the retirement benefits of police officers, firefighters and employees at the Department of Water and Power. It will need a second vote within 30 days to go into effect. In the meantime, the council instructed city negotiators to meet with union leaders to try to find common ground and to avert a lawsuit.

Labor leaders contend that city officials lack the legal authority to impose pension changes without first going to the bargaining table with unions. Victor Gordo, an attorney with the Coalition of L.A. City Unions, said a lawsuit may be unavoidable because council members have already cast one vote on the changes.

“As far as we’re concerned, they’ve moved forward with unilateral action,” Gordo said.

Councilman Eric Garcetti, who is seeking union support as he campaigns for mayor, said he doesn’t expect any substantive changes to the pension plan to come from the talks with city labor leaders.

Villaraigosa commended the council “for tackling the tough but essential issue of pension reform.” The mayor has been pushing the changes since April, when he laid out plans for an even more aggressive change: moving the retirement age to 67.

At a rally outside City Hall on Tuesday, union members donned the “cheese-head” hats favored by Green Bay Packers fans and held up signs that featured photographs of Villaraigosa next to Walker, suggesting the Democratic mayor and the Republican governor were “separated at birth.” Later, union members interrupted the council meeting with shouts of “We are not Wisconsin!”

Bob Schoonover, president of Service Employees International Union, Local 721, said the council will save little money in the next few years because the city lacks money to hire new workers. Other labor leaders contend that the changes will make it more difficult for the city to cover the pension burden of existing employees.

Schoonover argued that there are better ways to cut employee costs, citing council members who engage in so-called double-dipping — collecting retirement benefits from one city job while receiving a salary from another.

Councilman Bernard C. Parks, a former LAPD chief, receives a yearly pension of $290,607, according to city pension officials. Councilman Dennis Zine, a former traffic officer, receives an annual pension of $102,269.

Zine and Parks each earn salaries of $178,789, although Zine voluntarily took an 11% pay cut on that salary last year.

Although most of the testimony from the public was critical of the plan, representatives from two business groups — the Los Angeles Area Chamber of Commerce and the Valley Industry and Commerce Assn. — spoke in favor of it. Doug Arseneault, legislative affairs manager for the Valley industry group, said council members were trying to preserve city services and keep from “completely falling off the fiscal cliff.”

“It is simply unjust that residents and businesses must pay some of the highest tax rates in the country and yet city departments are unable to fulfill their responsibilities,” he said, drawing boos from the audience.

Business leaders, working with former Mayor Richard Riordan, have threatened to put a measure on the ballot that would freeze the pay of city workers if pensions rise above a certain threshold. Riordan said the plan approved by the council does not go far enough. Nevertheless, he has not yet decided whether to pursue a referendum.

via Council backs pension cuts for new workers – Los Angeles Times.

Third Duluth candidate wants on ballot | Grand Forks Herald | Grand Forks, North Dakota

ST. PAUL — The Minnesota Supreme Court Friday received a request from the third candidate who wants his name be placed on the Nov. 6 ballot in the race to replace state Rep. Kerry Gauthier, who dropped his bid for re-election after a sex scandal.

Soon after receiving House District 7B write-in candidate Jay Fosle’s letter seeking a spot on the ballot, Justice Alan Page ordered that Fosle notify others involved in the case about his action and set deadlines for them to respond. The district serves the Duluth area.

Page gave Fosle until Wednesday to provide his petition and any related documents to Secretary of State Mark Ritchie, St. Louis County Auditor Don Dicklich, DFL candidate Erik Simonson and Republican candidate Travis Silvers.

The justice gave people who dispute the facts of Fosle’s petition until Friday to file documents with the court. A decision about whether to consider the case would come after that.

Fosle has been running to replace Gauthier, who dropped out of the race last month. Fosle decided to request that his name be printed on the ballot after Tuesday’s court ruling that dropped Gauthier from the ballot, replaced by Democratic-endorsed Simonson.

Simonson, like Fosle, had been running as a write-in candidate before he won the party’s endorsement.

“Petitioner alleges that an injustice will occur if his name is not also on the ballot,” Page wrote about Fosle.

Fosle said the Simonson ruling made the election unfair: “Seeing as the decision was made for one, it should be made for both.”

Few Minnesota write-in candidates have been able to defeat candidates whose names are printed on the ballot.

Silvers’ name has been on the ballot as a Republican all along. Fosle is not backed by a party.

Democrats and Simonson had sought a court order to put Simonson’s name on the ballot after Gauthier admitted to a rest stop sexual liaison with a 17-year-old boy and ended his re-election campaign. The court issued that ruling Tuesday and Dicklich ordered new ballots to be printed with Simonson’s name, at a cost of up to $22,000.

Absentee voters already are casting ballots.

via Third Duluth candidate wants on ballot | Grand Forks Herald | Grand Forks, North Dakota.

Reader’s view: Duluth should close casino and share the pain | Duluth News Tribune | Duluth, Minnesota

If I understand the casino dispute between the Fond du Lac Band and the city of Duluth, in 1986, city and tribal leaders reached an agreement to give the land and the building to the tribe with the understanding it would establish a casino on the property. The agreement stated Duluth would receive 19 percent of the profit from this venture. Duluth also agreed to build a parking ramp next to the casino. It looked like a win-win for all parties.

In 2009, the tribe unilaterally stopped making payments to the city. Both parties made the original contract in “good faith” and now that “good faith” was broken. If it was a bad deal, so be it: Cancel the deal and take back the building and land. The city will lose $6 million a year, and the tribe will lose approximately $24 million a year, if my math is correct. If the court now says the original contract was illegal the land and building were always contingent on the revenue-sharing contract with the tribe. If the contract is void, the land and building goes back to the city. No harm, no foul.

The point is: Do something! Right now there is no downside for the tribe to drag this out in court as long as we allow it to operate the casino. It just keeps banking the money. The city should immediately, with no notice, close down the building, padlock the doors and cut off the utilities. Confiscate all equipment in the casino and hold it until the tribe makes good on the $24 million past-due revenue owed the city since 2009. The only way to get resolution to this issue is to let the tribe feel the pain also.

Michael Nash

Duluth

via Reader’s view: Duluth should close casino and share the pain | Duluth News Tribune | Duluth, Minnesota.

Education Minnesota: Specht to challenge Dooher for teachers union’s top spot – TwinCities.com

Denise Specht

The president of Minnesota’s teachers union has a challenger for the top spot of one of the state’s largest lobbying organizations.

Tom Dooher has been president of Education Minnesota since 2007. Both Dooher and Denise Specht, currently the group’s secretary-treasurer, have filed to run for president of the 70,000-member union. The election is scheduled for April 27, 2013.

Specht, who has been in her current role since 2007, declined to detail why she’s running against Dooher and said she’s trying to focus her message to members at this time.

“Elections in organizations like ours are very healthy. We get to talk about where we are and where we’re going,” Specht said Friday, Sept. 28. “Right now, I’m trying to focus on doing my current job as secretary-treasurer and work on getting candidates who are pro-public education and pro-working families elected.”

Dooher echoed those comments, saying he thinks competition is a sign the union is healthy. He also dismissed the idea that a challenger means the union is fractured or in turmoil.

“Any time you have competition, you refine your message and you become more clear on what your vision is and how you want to execute that,” he said “I’m running on my record and continue to work things we’re doing well. We’re more relevant with our communities and more relevant with our members than ever before.”

Dooher said he wants to continue getting “pro-education” lawmakers elected to the Legislature and expand

the union’s new community outreach program, which is in its first year.

Specht was president of her local union, the Centennial Education Association, before taking on her statewide role. She is on leave from her position as an elementary teacher in the district.

Dooher also headed his local, the Robbinsdale Federation of Teachers. He’s on leave as a physical education teacher at the district’s Sandburg Middle School in Golden Valley.

Education Minnesota, the state’s largest lobbying force besides the Chamber of Commerce, has been a favorite target of Republican lawmakers, who allege the union has been a roadblock to overhauling the state’s education system. A few of its Democratic allies even have publicly criticized the union for stances it has taken on particular issues like alternative teacher licensing and seniority-based teacher layoffs.

Dooher repeatedly has said the union isn’t opposed to education reform — teachers know what affects student learning, and they just want to make sure changes are done right.

The filing for the election opened June 1 and closes Dec. 14. About 500 to 600 delegates, each elected by his or her local union, will attend the April 27, 2013 representative convention to elect its leadership team. Vice president Paul Mueller, from Brooklyn Center, is running unopposed at this point. Three candidates have filed to fill Specht’s secretary-treasure position.

Although Dooher and Specht are not divulging many details about the election — neither are many local union leaders — Specht’s challenge could be a sign of some divisions within Education Minnesota.

Specht’s campaign website lists a host of supporters, including at least 24 of the 40-member governing board at the union. Almost 70 other local leaders and members are listed on the site. She has almost 200 likes on her Facebook page.

Specht’s message is positive on both sites and makes no reference to her opponent.

“In the current climate of education, we need an offense. We need solutions. Let’s move away from the distractions and work forward with a narrative that speaks to what we stand for and what we want — the best education for our students and the best workplaces for our education professionals,” according to her website.

Dooher’s salary totaled $168,000, according to an Education Minnesota annual report for fiscal year 2011.

via Education Minnesota: Specht to challenge Dooher for teachers union’s top spot – TwinCities.com.

Duluth cop involved in alleged assault was on ‘last chance’ (with video)

A felony assault charge against a man who struck a police officer at the Duluth Detoxification Center last week was dismissed Friday after the St. Louis County Attorney’s Office watched a video of the officer repeatedly striking the man who had lashed out at him from a wheelchair.

By: Mark Stodghill, Duluth News Tribune

• Video sequence

A sequence of images from a video released by the Duluth Police Department shows the interaction Sept. 21 between Officer Richard Jouppi and Anthony Jon Jackson at the Duluth Detoxification Center. The top frame shows Jackson striking Jouppi. The middle frame shows Jouppi punching Jackson in the face. The bottom frame shows Jouppi dragging Jackson out of his chair. (Duluth Police Department images)

A felony assault charge against a man who struck a police officer at the Duluth Detoxification Center last week was dismissed Friday after the St. Louis County Attorney’s Office watched a video of the officer repeatedly striking the man who had lashed out at him from a wheelchair.

Duluth police Officer Richard Jouppi, 34, a two-year member of the department, faces potential criminal charges for his role in the Sept. 21 incident.

Police placed Jouppi on paid administrative leave pending the outcome of the internal investigation and have forwarded their reports and videotape of the incident to an independent prosecutor. Deputy Police Chief Mike Tusken said police are asking that fifth-degree misdemeanor assault charges be brought against Jouppi.

The charge against the man transported to the detox center, Anthony Jon Jackson, 50, of Duluth, was dismissed.

“The case was reviewed by (Assistant St. Louis County Attorney) Kristen Swanson, who originally charged the case, and other members of our staff, who reviewed the supplemental reports and video of the incident, and after further review a dismissal was filed in the interest of justice,” St. Louis County Attorney Mark Rubin said. He declined to elaborate.

Duluth attorney Shawn Reed, who serves as Hermantown city prosecutor, is the independent prosecutor who will review the case against Jouppi to determine if criminal charges are warranted. Reed did not return a phone call seeking comment Friday.

If Jouppi is found guilty of a crime, it could cost him his job. Personnel records indicate that on March 12, he and the city reached a “Final and Last Chance Agreement,” in which he signed a document that included the language: “Any future acts or omissions which violate public trust and/or violate (police policy) will be deemed an act of gross insubordination justifying termination.”

Jouppi is being represented by Minnesota Police and Peace Officers Association Legal Defense Fund attorney Fredric Bruno.

“This is not a helpless guy in a wheelchair,” Bruno said of Jackson on Friday. “He had trashed his room in the public facility he was living in. He was taken forcibly to detox and alluded to the fact that he had a .38 pistol and a .45 pistol. He punched Officer Jouppi, disorienting him. He was a subject being subdued. He’s (Jouppi) got some concerns about him. The guy (Jackson), at a minimum, should have a disorderly conduct at the facility, probably a terroristic threat against detox staff and probably a fourth-degree assault against Officer Jouppi. He’s not exactly a sympathetic character as he’s being portrayed.”

Bruno said he hasn’t yet seen the video of the incident. “I’m going to look at the video and wait to see what kind of charges they’re going to come up with,” he said.

Jouppi and another officer were dispatched to Jackson’s residence at the San Marco Apartments at 10:09 p.m. on Sept. 21 to transport him to the detox center. It was reported that Jackson had been extremely intoxicated and had been in two fights that night. According to police reports, Jackson is able to walk, but he was in a wheelchair when officers arrived at his apartment.

Jouppi wrote the following about what happened at the detox center in his official police report of the incident:

“I controlled his right arm at the elbow in order to prevent Jackson from (following) through with his threat to strike a staff member. Jackson quickly swung his left hand and struck me in the face near my left eye forehead area which caused me to experience pain. I sought to take Jackson into custody and delivered two strikes to Jackson’s face as it was the only target presented to me at the time and in order to keep him from delivering more strikes. I flipped the wheelchair onto its handles which brought Jackson’s back down to the ground. Once on the ground we were able to turn Jackson over and place him into handcuffs.”

Jouppi wrote that Jackson had a previous laceration that had been medically glued shut but reopened during the scuffle. Another officer at the scene wrote in her report that Jouppi had two small marks under his left eye where it appeared small blood vessels had broken.

The officer included in her report that when Jackson was transported to the St. Louis County Jail, he told her numerous times that he wished his hands were free so that he could punch her. He also said that Jouppi “got what he deserved,” the officer wrote in her report.

Jouppi, a Duluth native, worked for the Omaha (Neb.) Police Department from November 2001 to February 2008, and from March 2008 to January 2010 for the St. Paul Police Department. He joined the Duluth force in January 2010.

Jouppi was one of four Omaha police officers honored for bravery and lifesaving in 2005 for risking their lives to rescue a family from a burning home. He has not received any honors or awards while a Duluth officer.

Personnel records indicate that five complaints have been filed against Jouppi, but only one was sustained. In the case that he was disciplined for, the city found that Jouppi violated public trust by providing confidential information about a case to a suspect, violated an order by discussing a case without being assigned to it, and was insubordinate. The “Final and Last Chance Agreement” indicated that Jouppi eventually provided a complete and accurate statement after repetitive urging by investigators.

In that case, personnel records indicate that Jouppi was conflicted by personal and professional interests. He provided information to someone he knew, a suspect in a case, about evidence that police would be looking for and what evidence was needed for a conviction.

The name of the person Jouppi was trying to help was redacted from the reports. Jouppi told an investigator that he had never been involved in a situation in which he had “his two worlds collide,” referring to his personal and private lives.

As a result of that incident, Jouppi served a 30-day suspension without pay and was ordered to attend a class on ethics in policing.

Walt Handelsman cartoon: The jobs picture | StarTribune.com

Walt Handelsman cartoon: The jobs picture | StarTribune.com.

Sullivan violated union contract, judge decides | recordonline.com

MONTICELLO — A Supreme Court judge sided with an arbitrator who ruled in March that Sullivan County violated a contract with one union by transferring the duties of one of its clerks positions to a job represented by another union.

Judge Christopher Cahill ruled Monday that arbitrator Josef Sirefman correctly decided in favor of Laborer’s International Local 17, which represents Department of Public Works employees.

The union had sought arbitration after the county eliminated positions in 2009. It argued that the duties of one of those positions, a DPW clerk, were illegally transferred to the county Treasurer’s Office, whose clerks are represented by Teamsters Local 445.

“The County’s lawsuit challenging the prior award and opinion of the Arbitrator in this matter represented a great waste of taxpayer dollars and should not have been filed,” Richard Corenthal, the attorney for Local 17, said in a statement.

The county, meanwhile, disagrees with Local 17’s claim, County Manager David Fanslau said Friday. It would also continue efforts to negotiate a solution with Local 17, he said.

“The duties in question are duties that are appropriately performed by the county treasurer’s office within the authority of that office under the charter,” he said.

via Sullivan violated union contract, judge decides | recordonline.com.

West Haven firefighters get 5 percent raise, agree to drug tests – News – The Bulletin

WEST HAVEN — Center District fire fighters have settled a new union contract that significantly changes shift schedules and requires random drug testing, while also providing a 5 percent raise over five years.

The 50 Center District members of the West Haven Professional Firefighters Union Local #1198 ratified the five-year pact Sept. 10, while the district’s Board of Fire Commissioners approved it Sept. 20. Since the last three-year contract expired June 30, 2011, the new one will be retroactive to July 1, 2011, according to Chief James O’Brien.

O’Brien and union President John Perry, a firefighter within the department, said Thursday both sides felt the new terms are fair and look out for taxpayers.

“Accepting a 1 percent raise (for each year) showed a lot of character and a lot of concern for the taxpayers,” O’Brien said. “I think everyone knows the reality of the situation. There wasn’t a lot of money requested and not a lot offered.”

Starting in January, department employees will work 24-hour shifts and then be off for 72 hours. Currently, they work three 10-hour shifts, are off for three days, and then work three 14-hour night shifts.

The change will mean the station has the same type of schedule as the city’s other two separate fire departments, O’Brien said. Because all three departments typically train together, it will simplify training schedules, according to Deputy Chief Scott Schwartz.

Both management and the union supported the move, but it will be reviewed on a quarterly basis, and after a year, the department will determine if the schedule will be permanent.

As for random drug tests, the department had considered the policy during contract negotiations a few years ago, but were worried about possible false positives. Testing technology has improved to the point where employees and department leaders said they now felt comfortable implementing it.

“It’s a benefit to members because we’ll know what’s going on with our membership,” Perry said.

Officials said firefighters will receive 1 percent raises each year of the contract, making for an increase of 5 percent over five years. By way of comparison, the last contract called for a 6 percent raise over three years. Medical contributions will also increase from 10 percent to 15 percent by the end of the new five-year deal.

Fitness tests will be slightly altered and more job-specific under the new contract, Perry said, and recuperation time after injuries has decreased, which means an employee will be assessed after 12 months instead of the previous 18.

Further, retirees looking to cash out on sick days will now only be able to receive payment for 90 days instead of 120.

O’Brien and Schwartz are not part of the union, but O’Brien will soon negotiate the next five years of his 10-year contract in the winter, while Schwartz will negotiate on the additional two years of his three-year deal in the next few months.

Bruce Sweeney, chairman of the Board of Fire Commissioners, said board members were concerned about protecting taxpayers.

“I think it’s a good contract for both sides, and I have to congratulate the union because they realized times are tough, and they were willing to sacrifice a lot of things to make sure it was an equitable contract and taxpayers weren’t hurt,” Sweeney said.

via West Haven firefighters get 5 percent raise, agree to drug tests – News – The Bulletin.

School District Releases Info on Union Contract Deal – Portsmouth, RI Patch

The Portsmouth School Committee ratified a new contract with one of its main unions on Tuesday night.

The school committee approved a new contract with Council 94, American Federation of State, County and Municipal Employees, which cuts pension benefits in 2013.

On Friday, the Portsmouth School District posted this statement (which is also attached at right) about the union deal.

According to the release, in regards to pensions, the multiplier as of July 1, 2013 would be reduced down to 1 percent from the current 2.5 percent, and would be based upon the final highest three (3) consecutive years of salary.

Further details about the cuts to pensions and changes to the contract can be seen here.

Members of Council 94, Local 2669, include school and district clerical and administrative support staff, custodial and maintenance staff, teacher assistants, and designated technology support staff.

via School District Releases Info on Union Contract Deal – Portsmouth, RI Patch.

Collective bargaining and government: A toxic brew – TwinCities.com

What happens when special interests gain control of the public purse? Some recent events provide a clue.

At the start of this school year, in Illinois, Chicago teachers proved harder to drag back from summer vacation than students. In Wisconsin, a court manipulated legal precedent to preserve government employee unions’ privileged status — after elected officials curtailed those privileges and voters upheld those changes by voting down a recall of the governor. In Michigan, a union-backed initiative on the November ballot would make union bosses more powerful than the legislature.

What is the common thread linking these events? State laws that grant government unions the power of collective bargaining. When elected officials transfer government authority to any private entity — a union or any other — an Orwellian role reversal occurs. The special interest group becomes the master over cost, effectiveness, and availability of government services, while taxpayer funds are directed to serve the prevailing special interest group.

For those reasons, and as recent history, shows, government unions will go through hell and high water to keep power over the outlays of public funds.

The Chicago Teachers Union seven-day strike provides a stark example of the moral hazards that arise from rigging the system in favor of government unions. Illinois state law “prohibits the CTU from striking over non-economic issues, such as layoff and recall policies, teacher evaluations, class sizes and the length of the school day and year.” Yet CTU President Karen Lewis has stated that evaluation standards and layoffs policies are the reason the teachers abandoned their 350,000 students.

Citing the aforementioned state law, Chicago Mayor Rahm Emanuel filed an injunction to take teachers off the picket line and put them back in the classroom. However, Cook County Circuit Judge Peter Flynn refused to hear the case in a timely manner. As Judge Flynn dithered, taxpayer money was being allocated to “Children First” sites meant to keep open some schools in order to provide day care and meals to Chicago’s poorest students. The strike’s cost — in terms of both the delayed education of Chicago’s youth and loss of productivity caused by parents being forced to stay home and watch their kids — has yet to be tallied, but is bound to be considerable.

While the legal system all but ignored Mayor Emanuel, a Wisconsin teachers union’s flimsy arguments got their day in court and won — for now. On Sept. 14, Wisconsin Dane County Circuit Judge Juan Colas ruled in favor of the Madison teachers union’s lawsuit, declaring most of Gov. Scott Walker’s public-sector collective bargaining reform unconstitutional. The courts took a sweeping and unprecedented approach that could jeopardize right to work laws everywhere.

In his curious decision, Judge Colas admits, “(I)t is undisputed that there is no constitutional right to collective bargaining.” Yet, he ruled that limiting the conditions over which government unions can negotiate violates workers’ rights to freedom of speech and association. In other words, the Judge essentially decided that if public sector union power were restricted, unions would be less attractive for workers to join, therefore limiting employees’ speech and freedom of association.

In addition, Colas found that the reform law’s provisions freeing workers from forced union dues payments and holding annual union recertification elections violate the U.S. Constitution’s Equal Protection Clause — essentially arguing that the law is not being equally applied if firefighter and police unions may legally coerce members to pay dues while other government unions may not.

Meanwhile in Michigan, the union-sponsored “Protect Our Jobs Amendment,” which is designed to enshrine collective bargaining into the state constitution, is appearing on the ballot this November. The initiative would give union bosses, who are not accountable to voters, power to overturn or block laws enacted by the present or future state legislature. If POJA becomes law, elected officials could never propose right to work legislation or any bill giving workers the freedom to choose whether to pay union dues without fear of losing their job.

Collective bargaining in government effectively grants power over the public purse to union chiefs. It is high time for elected officials to stop abusing their authority and return government to its proper function: to provide for the general welfare not special interests’ welfare.

Trey Kovacs is labor policy analyst at the Competitive Enterprise Institute, a conservative think tank; Russ Pohl is a research associate at CEI. Readers may write to them at CEI, 1899 L St. NW, Floor 12, Washington, DC 20036.

via Collective bargaining and government: A toxic brew – TwinCities.com.