San Diego v. Haas confirms that a vested right may be implied only when a public employer’s governing body intends to confer such a benefit.
This case reinforces the judicial trend of deferring to PERB’s administrative processes on issues, even of constitutional dimension, on which the court and PERB jurisdiction coincide.
CalPERS has led the state, cities, counties, and other government agencies to the edge of ruin yet continues to stand in the way of pension and benefits reform.
After a 12-week trial, a Contra Costa jury ruled in favor of the city of Richmond in one of the most significant employment cases of the year.
There are many potential obstacles to reaching an agreement in the AB 506 process.
Although the point is sometimes lost in the debate, employees also have an interest in making sure their benefits are adequately funded and jobs aren’t vaporized or employee contribution rates increased dramatically to feed the pension beast.
Even buying the house next to the city manager in the heat of a labor dispute cannot make money appear.
In its decision, the court found that “under certain limited circumstances,” a vested right to retiree health benefits may be implied into formal legislation adopted by a public agency’s governing body.
Declarations of Fiscal Emergency: A Viable Option as Cities and Counties Fight to Maintain Essential Services
Before public agencies consider bankruptcy or take actions that seriously jeopardize the health and welfare of the residents, they should consider the alternative of declaring a fiscal emergency.
For public employers in California, this has truly been an “annus horribilis”—a “year of horrors.”