Voter Approval Sets Prop. B in Motion

Implementation of measure expected to begin two days after approved by voters

The June Primary has come and gone, but the legal battle may just be starting for the San Diego Pension Reform measure, Prop B.

Proposition B aims to transition new city hires -- except police officers -- from pensions and to 401(k) plans. It also mandates proposes a five-year pay freeze on the pensionable pay of current employees.

The measure was backed by voters in a 2-to-1 margin Tuesday, and the measure's supporters say they could begin implementing it as early as Thursday. However, after a litigious history leading up to the vote, the courts may have the final say.

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City Attorney Jan Goldsmith is expected to announce a plan Thursday at 2 p.m. as to how Prop. B will be implemented. Sanders and mayoral candidate Carl DeMaio were among those who spearheaded the ballot measure.

"We are going to implement Prop. B and the only way we will stop is if a judge orders us not to do it," Sanders said.

He said after the election is certified in about 30 days by the Secretary of State, new employees can no longer be put on a defined benefit plans again --- even if there is an injunction or ongoing litigation.

He hopes to begin negotiations with unions on how that plan would look.

The other part of the measure -- the part that would place a pay-freeze on current employees -- will require a two-thirds vote by the city council.

A case filed by one labor group against the measure is pending, and a decision on the case may be decided in the fourth district court of appeals on June 13. The case, filed in February by the Public Employment Relations Board claims the city violated state guidelines by ignoring a "meet and confer" requirement.

A Superior Court Judge ruled against PERB’s legal challenge, saying the group should await the results of the election.

Check back for more details on this developing story.

For more election coverage, visit our Decision 2012 special section.

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