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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 (KGTV) — A group of Brightwood employees have sued the for-profit’s parent company, alleging they did not receive the legally required 60-days notice before the school abruptly shut down Wednesday.The suit, filed in Delaware, location of Educational Corporation of America, says the company violated the Worker Adjustment and Retraining Notification Act. In California, failing to do so requires back pay, medical expenses, and a civil penalty of 0 a day.Brightwood shut down Wednesday after it lost an accreditation, amid strict new requirements from the Department of Education.RELATED:Brightwood College layoffs may have violated state lawBrightwood College announces sudden closure amid accreditation, financial turmoil“We are assessing what the next step of the company is going to be, many believe there is going to be a bankruptcy filing,” said Jack Raisner, the attorney representing the former workers. Meanwhile, students in San Diego are still seeking answers as to what’s next. They came to the Brightwood campus on Balboa Avenue en masse on Friday for an impromptu meeting with at least one administrator and officials from two visiting colleges. Media was not allowed in.“It sounds credible, but again it’s still all in the works,” said Brian Wentz, a licensed vocational nursing student. “We still need to meet with the financial advisers and feel what’s going on, how everything’s going to transfer, it’s still pretty new to all of us.”Under state law, the students are entitled to request a transfer and/or tuition reimbursement, the latter could require giving up credits already earned. 1626

SAN DIEGO (KGTV) – A bobcat severely injured in a Southern California wildfire is on the road to recovery thanks to the San Diego Humane Society’s Project Wildlife team.The female bobcat, believed to be 6-8 months old, was brought to the Humane Society’s Ramona Wildlife Center on Oct. 13 after suffering severe burns in the El Dorado Fire in Yucaipa, San Bernardino County.An area resident out with her dogs saw the injured bobcat and notified authorities.According to the Humane Society, the cat’s ears and whiskers “were singed, consistent with fire exposure, and later confirmed that she was a victim of the El Dorado Fire.”Christine Barton, director of Operations & Wildlife Rehabilitation at the Ramona Wildlife Center, said, “Typically, encounters with dogs do not end well, but in this case, it probably saved her life. You could see that she was emaciated and clearly had singed whiskers and ears, but her full exam revealed the true extent of her injuries, which included burns to all four of her paws. We collaborate with CADFW (California Department of Fish and Wildlife) and a burn specialist with UC Davis on burn cases, and we all agreed that this little girl is a fighter and has a good chance of making a full recovery.”The Humane Society said the cat is healing well and could be returned to the wild next month. 1342

SAN DIEGO (KGTV) — State officials responded earlier this week to a technical glitch that impacted as many as 300,000 COVID-19 test results being reported."We are committed to the medium and long term to address these foundational data issues so that we can approve our importance and our customer service," Gov. Gavin Newsom said earlier this week. Counties across the state felt the impact of the data inaccuracies. Local leaders use numbers and science to guide decision making. But are counties themselves having any issues with the numbers?In Kern County, public health officials were asked at the end of July if they're 100% sure no one is getting double-counted. The county says they have had to go back and subtract some people from the total number of cases when they realized they counted that person more than once, but stress that's rare.In San Diego and San Luis Obispo Counties, officials said they're confident in the daily numbers they are reporting to the public."I'm quite confident our numbers are accurate. Before we had web CMR and our tests are not all phoned through CalREDIE. Our test results are reported directly to the county," County Public Health Officer Wilma Wooten said. "The only issue which you already know about is the glitch with Quest which was going through the state and then coming to us so we are fairly confident our information is accurate."A spokesperson for San Luis Obispo County says they are confident in the number of positive cases reported:"We regularly run data queries on our positive case results to search for duplicates. On occasions, duplicates have been detected and counts adjusted appropriately."ABC 10News asked the California Department of Public Health about data accuracy, duplicates, and decision making. They did not respond to our request for comment. 1828

SAN DIEGO (KGTV) — A class-action lawsuit against the University of San Diego wants the school to refund students some tuition fees following the move to virtual learning.The lawsuit, filed by two students, claims the college owes students some of their tuition and fees back due to the switch to virtual learning.The suit says that when the school switched to virtual learning in Spring 2020, students were still charged full tuition even though "USD could no longer provide the promised hours of instruction." The lawsuit claimed that USD also increased its tuition on top of that."Similarly, students paid fees for services and access to facilities and equipment over the full semester. Though USD provided these services and facility/equipment access for only part of the semester, and could not provide them for the full semester, USD demanded that students pay fees for the entire semester," lawsuit documents state.A spokesperson for USD told ABC 10News they have not been notified of or served with the lawsuit.The lawsuit is seeking a "prorated portion of the tuition, fees and other related costs, proportionate to the diminished value of online classes and the amount of time in the Spring 2020 and following semesters when USD ceased in-person classes, campus services and access to campus facilities, continuing through to such time as USD reinstates in-person classes" for the two students who filed the lawsuit and "all others similarly situated." 1470