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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 105-year-old World War II veteran is set to receive his college diploma 83 years after graduating.Bill Vogt, who was one of the first students to set foot on San Diego State University's campus after it opened in 1931, will receive his diploma in commerce retro-dated to Feb. 1, 1935, on Thursday.Vogt graduated from SDSU mid-year in 1935 but never got a printed diploma. He is the last remaining SDSU student to have attended classes at the university's old campus in University Heights, according to the school.The special presentation comes after Vogt elected to become a lifetime member of SDSU Alumni in May, a special alumni program offered by the university. He's also believed to be the oldest person ever to become an Alumni lifetime member, the school added.The WWII veteran served in the US Navy, and also served in the Korea and Vietnam wars. He's spent several years working on the East Coast as well since his graduation. 984

SAN DIEGO (CNS) — Two men who were allegedly running an illegal hash oil lab inside a Lemon Grove warehouse were charged by federal prosecutors Friday.Adam Ledesma and Jared Hoffman are charged with manufacturing around 166 kilograms of hash oil inside the building raided by Drug Enforcement Administration agents on Thursday.The hash oil, valued at more than .75 million, was seized along with ``sophisticated laboratory equipment'' valued at more than million, according to the DEA.In the criminal complaint filed Friday, DEA Special Agent James Gillis wrote that DEA agents regularly surveilled the building over the past month, and observed Ledesma and Hoffman regularly entering the building.There were ``no visible indications of commercial or manufacturing operations operating out of the building,'' according to Gillis, who said that on May 14, he found a number of paint buckets, stainless steel pots and other items he alleged were consistent with manufacturing cannabis inside two dumpsters in the building's loading dock. The building's electricity bills dating back to last May were also ``excessive and consistent with the amount of electricity required to operate equipment commonly used for concentrated cannabis extraction and/or indoor marijuana cultivation.''Search warrants were served Thursday for the premises, which has no license for marijuana cultivation from either the state or San Diego County, according to the DEA.Authorities said it was the sixth hash oil lab in San Diego County dismantled by federal authorities within the past three weeks. Explosions at two of those labs sent four people to hospitals with serious burns, the DEA said.The agency alleged that the Lemon Grove lab was in particular danger of an explosion or fire, due to high combustible gas readings at the premises, as well as a large amount of ethanol found at the lab. 1886

SAN DIEGO (KGTV) - A Delta passenger mauled by an emotional support dog has filed a lawsuit against the airline and the dog's owner, a Marine combat veteran.In June 2017, Marlin Jackson boarded a San Diego-bound flight in Atlanta headed for a work conference. Soon after, fellow passengers watched in horror as a brutal dog attack played out in front of them.Jackson sat in a window seat. In the middle seat was a Marine veteran was with an emotional support dog, a chocolate lab pointer mix, in his lap. According to a Jackson's just-filed lawsuit, while he was securing his seat belt, "the animal began to growl."RELATED: Service dog or pet? Hillcrest businesses take action against the fakes Jackson says the dog's owner, Ronald Mundy, reassured him before the dog lunged and bit Jackson several times in the face . The lawsuit states the dog was briefly restrained, before pinning Jackson against the window and mauling Jackson again, resulting in 28 stitches and permanent loss of sensation in his face. He bled so profusely that "an entire row of seats had to be removed."The incident sparked national headlines, and tighter policies for emotional support and service animals. For example, Delta now requires proof of training, adding rules for the types and ages of the animals, as well the duration of flights that allow emotional support animals.Delta declined to comment citing pending litigation. We reached out to Mundy, but our calls went unreturned. 1471

SAN DIEGO (KGTV) - A GoFundMe page is set up for the college student who broke both legs trying to rush the field at San Diego Stadium after San Diego State Aztecs defeated Stanford.Matt Nesbitt, 25, was in a hurry to join the celebrating crowd Saturday night and jumped from the bleachers.  "I let go to drop down and immediately thought, 'This is a lot higher than I thought.'"  Nesbitt, who is a Grossmont College student, broke both tibias just above his ankle.The GoFundMe page said Nesbitt spent two nights in the hospital.  He’s expected to spend another 3-4 weeks in a wheelchair. Nesbitt told 10News he has severe lower back pain.The page is requesting ,000 for Nesbitt’s treatment.  By Wednesday, two days after its initial posting, the fund had received 7.Reflecting on his spur-of-the-moment jump...  "Don't know if I'd do it again.  I got really lucky. I really did." 944

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