A judge this week upheld San Jose’s bid to repeal Measure B, voter-approved pension reforms that promised millions of dollars of savings but also sparked litigation from the city’s unions.
Santa Clara County Superior Court Judge Beth McGowen on Tuesday denied an attempt by former San Jose Councilman Pete Constant and others to block the city from replacing Measure B, which passed with 70 percent of the vote in 2012. Constant’s argument centers around the issue of whether voters were given the proper amount of control to change Measure B after the city went to the ballot to get it passed.
In the same hearing Tuesday, the judge also accepted a request from the San Jose Police Officers’ Association to invalidate the measure on a procedural defect. Per the POA, the city failed to fully bargain with its unions before placing it on the ballot four years ago.
After years of legal battles, San Jose agreed this year to invalidate Measure B with a negotiated pension plan. That will require bringing it back to the ballot this fall.
— Sam Liccardo (@sliccardo) April 5, 2016
Mayor Sam Liccardo, who initially supported Measure B, applauded the judge’s ruling. City officials have said the agreement heading to the fall ballot stands to save taxpayers $3 billion over the next 30 years. It will also end lingering battles that have made it difficult for the city to recruit and retain police officers, Liccardo added.
“We will continue to move quickly to implement this agreement, which will culminate with a ballot measure in November where voters will be asked to approve key elements of the agreement and lock in protections to secure the savings," he said in a statement.
Constant’s legal team has challenged the ruling, according to the Mercury News, but the chances of the judge reversing the ruling are unlikely.
For more on San Jose’s pension settlement, click here.