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SAN DIEGO (CNS) - The state Supreme Court Thursday ruled that a San Diego citizens' initiative that cut back city employee pensions was illegally placed on the ballot, and ordered an appeal court to consider a remedy.Proposition B, initially approved by voters in 2012, eliminated guaranteed pensions for new city employees, except police officers, and replaced those benefits with 401(k)-style retirement plans.In 2015, one of the city's largest public sector unions challenged the benefit system, alleging former Mayor Jerry Sanders and other officials illegally placed the measure on the ballot without conferring with labor groups. The Public Employees Relations Board ruled with the union, but the Fourth District Court of Appeal reversed the decision in April 2017.Now, the appeal court's decision is overturned."We reverse the Court of Appeal's judgment and remand for further proceedings to resolve issues beyond the scope of this opinion," wrote Associate Justice Carol A. Corrigan in Thursday's decision, in agreement with the other five justices.A city spokesperson couldn't be reached for comment.The court ruled that although it was a citizens' initiative, Sanders' support of Prob B as policy warranted engagement with the unions under the Meyers-Milias-Brown Act, which gave city and county employees the right to collective bargaining in 1968.Governing bodies "or other representatives as may be properly designated" need to engage with unions "prior to arriving at a determination of policy or course of action," according to the act.Sanders had said he supported the measure as a private citizen, not a public employee. The Supreme Court ruled that Sanders did use the power of his office to push the initiative, however."He consistently invoked his position as mayor and used city resources and employees to draft, promote and support the Initiative. The city's assertion that his support was merely that of a private citizen does not withstand objective scrutiny," Corrigan wrote.In overturning the Public Employees Relations Board ruling in 2017, the appeal court took an "unduly constricted view of the duty to meet and confer," according to the Supreme Court ruling.The Supreme Court ruled that the appeal court address an "appropriate judicial remedy" for the illegal placement of the initiative on the ballot.The Public Employees Relations Board had previously ruled the city must pay employees "for all lost compensation" related to lost pension benefits, which would cost millions of dollars.The 401(k)-style system was originally intended to save taxpayers money by reducing future pension liabilities. Approved by 65 percent of voters, the system was the first of its kind among California municipalities. 2742

SAN DIEGO (CNS) -- UC San Diego denounced an Instagram account claiming an affiliation with the university that posted "hateful, racist content" on its page, while a similar investigation was underway at the University of San Diego.On Sunday night, UCSD officials were made aware of the page, which featured several racist posts and represented a connection with the university."We firmly denounce what was shared on this account," the school wrote in a Monday afternoon Twitter statement, "and condemn all forms of racism and hate."UCSD said similar posts were seen on another account, which apparently claimed affiliations with a different university.RELATED: USD investigating white supremacist Instagram accounts that claim ties to schoolThough the other university was not identified in UCSD's statement, the University of San Diego posted a statement last weekend indicating the school was aware "that abhorrent and hateful Instagram accounts, claiming ties to USD, have been used to post white supremacy propaganda."In a statement, USD said the content of the accounts "tears at the very fabric of who we are as a Catholic university and the values we hold dear."The school says it has initiated an investigation into the posts and asked Instagram to take the pages down, along with any other affiliated accounts.USD officials said anyone with information regarding the accounts' creator should contact Dr. Donald Goodwin at deanofstudents@sandiego.edu."Hate speech and actions directed at intimidating or harassing any members of our campus community have no place at USD and cannot be tolerated," the school said.UCSD says its Office for the Prevention of Harassment and Discrimination -- which provides assistance to students, faculty and staff regarding reports of bias, harassment and discrimination -- is working with the school's chief information security officer to investigate the account.Anyone with information regarding the account's creator was asked to contact the Office for the Prevention of Harassment and Discrimination at OPHD@ucsd.edu."If found that UC San Diego community members are involved, they will be held accountable," the statement said. "UC San Diego stands with our Black community members and firmly against all forms of racism and hate. We encourage our community to actively counter racist speech and to be an ally and advocate to any group that is harmed, by upholding UC San Diego's Principles of Community and our commitment to each other as Tritons." 2504

SAN DIEGO (KGTV) -- A 40-year-old San Diego cold case was solved with the help of a genealogical database, the San Diego Police Department said Thursday. 37-year-old Barbara Becker was murdered in her La Jolla home on March 21, 1979, police said. According to the department, Becker’s two young boys came home from school to discover their mother’s body. RELATED: Genetic genealogy results solve new cold case as privacy concerns continueBecker died from “numerous sharp force injuries” but, based on evidence, police say she put up a fight, injuring the suspect in the process and causing him to leave behind a trail of blood. Detectives worked to solve the crime, but police say eventually all leads were exhausted and the case went cold. In October of 2018, the San Diego Police Cold Case Unit and San Diego County’s District Attorney’s Office reached out to the FBI’s genealogy team for help solving the case. Police say the team was able to identify a possible suspect using the public-access genealogical database as well as several family members of the suspect. RELATED: Suspect in 1986 Escondido cold case homicide arrestedAfter family gave DNA samples to investigators, Paul Jean Chartrand was identified as the source of blood from the crime scene. Members of Chartrand’s family told investigators that he lived in the San Diego area at the time of Becker’s murder. Investigators also learned that Chartrand died in Arizona in 1995. “The entire investigative team is grateful the case has been solved however, it is tempered by the fact it took forty years to give Barbara Becker’s family the answers they deserved and that Chartrand was able to avoid justice for 16 years after Barbara Becker’s murder,” the San Diego Police Department said in a statement. 1777

SAN DIEGO (KGTV and ABC) - Fishermen had a close encounter with killer whales off the San Diego coast that was caught on camera. The group was on a 21-foot boat looking for yellowtail when they came across the orcas. "Out of nowhere, one of them popped up right next to the boat 3 or 4 feet away from me…landed, splashed me, and splashed the whole side of the boat. I screamed,” witness Nathan Benge told Good Morning America. One of the killer whales had a playful interaction, performing a belly roll beneath the surface of the boat’s wake, GMA reported. RELATED: Drone video captures massive group leopard sharks off La Jolla “Oh, it was incredible,” said Benge. “I've never been that close to a creature. Just huge. I mean, I could have reached out and touched it.” The orca swam near Benge’s boat for 10 minutes before it left. 840

SAN DIEGO (KGTV) -- A burst of winter weather is set to move into San Diego County’s mountains early Monday morning, lasting throughout the day. According to the National Weather Service, a cold trough will drop to the southwest Monday, triggering showers along and west of the mountains. The freezing level will fall quickly late in the day, resulting in the possibility of icy conditions on roadways. RELATED: Check today's forecast | 10News traffic pageLight snow is forecast above 5,000 feet early in the morning with snow levels falling to 3,500 to 4,000 feet by evening. A total of one to two inches of snow is expected along portions of Interstate 8 above 3,500 feet. A winter weather advisory is in effect from 6 a.m. to 9 p.m. Monday above 4,000 feet. 768

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