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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 7-year-old child was struck by a car while looking at Christmas lights in Ocean Beach Monday night. According to police, the incident happened around 6:30 on the 4700 block of Newport Avenue. Police say the family was looking at Christmas lights when the child didn’t see a car coming, walked out into the street and was struck by a car. The young boy was taken to the hospital with a broken leg. Police say the driver remained at the scene. Alcohol isn’t believed to be a factor. 511

SAN DIEGO (KGTV) - A Del Cerro woman had a rare - and timely - encounter outside a Halloween display on her morning walk Tuesday. Liz Harley and her friend Terry Finstad spotted an owl in the middle of the street, transfixed by a light show of bats on the side of a home. “It was just so cool,” Harley told 10News. Harley and Finstad have been walking together for 25 years, since their children were small. Now they’re both grandmothers and keep their tradition alive. During their walks, the two have seen all kinds of wildlife: coyotes, rabbits, skunks, raccoons. At first, Harley thought the owl was a cat, but then she noticed its head spinning. “We just watched it,” she said. “We wondered, what is it doing?” The owl spent several minutes absorbed by the flying bats, oblivious to Harley’s golden retriever. Harley and Finstad walked on, and when they passed through the area again, the owl was gone, leaving only feathers behind. “Kind of reminded me of Harry Potter,” Harley said. Harley, who usually goes to the gym on Tuesdays, is glad she chose to stay close to home. “I was rewarded for walking this morning.” 1130

SAN DIEGO (KGTV) -- A 7-year-old child was struck by a car while looking at Christmas lights in Ocean Beach Monday night. According to police, the incident happened around 6:30 on the 4700 block of Newport Avenue. Police say the family was looking at Christmas lights when the child didn’t see a car coming, walked out into the street and was struck by a car. The young boy was taken to the hospital with a broken leg. Police say the driver remained at the scene. Alcohol isn’t believed to be a factor. 511

SAN DIEGO (KGTV and CNS) -- A San Diego County deputy facing charges that he groped 13 women was arrested again Thursday on five new charges, including forcible oral copulation.Richard Fischer, 32, is being held on million bail and is scheduled to be arraigned Friday morning in a Vista courtroom.Fischer faces more than 10 years if convicted on the new charges, according to the District Attorney. Fischer is already facing 14 years and eight months behind bars if convicted on previously filed charges.RELATED: San Diego deputy accused by multiple women of sexual assault speaks publiclyIn July, Fischer, accompanied by his attorney, spoke out for the first time about the accusations."These charges are simply untrue. I vigorously deny them," he said, with his wife and his new attorney, Manny Medrano, by his side. Fischer also said he and his wife pray every night that his good name will be cleared.RELATED: San Diego County Sheriff's Deputy facing additional sexual assault claimsA total of 19 women have filed lawsuits against Fischer in civil court, alleging that he assaulted them while on patrol. Medrano previously claimed the case boiled down to “she said, he said.” 1210

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