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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 California lawmakers is asking for an emergency audit of the state's Employment Development Department (EDD).In a letter sent to the Joint Legislative Audit Committee, legislators claimed that EDD had failed Californians when it's needed most.The letter said, "EDD reported that it has processed 9.3 million unemployment insurance claims and distributed about billion in benefits. Yet some 1 to 1.2 million potentially eligible applicants, including those that filed in March, are still waiting on payments. EDD's actions or lack thereof have real consequences: people are depleting their life savings, going into debt, and are unable to pay rent and feed their families."For months, Californians have complained to lawmakers and news outlets saying EDD was struggling to get them money. Many described calling the department hundreds of times a day trying to speak with someone about a filed claim."I'm not going to be able to pay rent, and I'm not going to be able to pay my insurance," said San Diego County resident Jaedra Miller.Miller says she was receiving money from EDD, but after a few payments, something changed."They just flagged my account, and I've been trying to figure out why," she said. "I've been calling, and I completed the paperwork they sent me."Miller said there's an issue with the effective date on her claim. She told reporter Adam Racusin she believes the dispute caused the money to stop."It's just so incredibly frustrating," Miller said. "I've tried so many avenues, and I just, I really feel helpless."In the past six months, the Employment Development Department has taken a verbal beating from Californians and their lawmakers.During a May hearing, lawmakers told the head of EDD they're hearing from constituents who are struggling in the application process, being denied with no explanation, and having difficulty getting in touch with anyone at the department."We've never heard the type of suffering that people are experiencing right now, not just in regard to the pandemic, but when they call your bureaucracy," Assemblymember David Chiu said at the time. "The feedback we're getting is atrocious."Later that month, EDD said in a press release, "The Employment Development Department (EDD) will hire approximately 1,800 new temporary full-time and hourly staff over the next several weeks from throughout California to bolster the delivery of critical Unemployment Insurance (UI) services to workers impacted by the COVID-19 pandemic. The workers will be trained in skills including call center operations, processing UI claims, and analyzing documents from claimants and employers to make wage determinations for benefits."EDD says that since March, the agency has redirected more than 600 staff from other units and 700 staff from other departments to assist the UI branch. The agency adds that it has been given approval to hire 5,500 new temporary employees, and that more than 5,200 employees have been approved for hire and more than 3,600 are in various stages of onboarding, training, and deployment.The state agency said it could not comment specifically on Miller's claim."Due to the legal confidentiality of Unemployment Insurance (UI) claimant information, we cannot discuss any details related to an individual’s case. Media Services does not have access to specific claimant information, nor the authority to share an individual’s claims details. As individual claims issues are often unique to each claimant, they are best mitigated by the UI analysts who are working the individual cases. We have added Ms. Miller to a claimant referral list that has been sent to our Unemployment Insurance branch, which handles benefits claims processing," a spokesperson said.In a press release on Aug. 27, the agency did say it has disbursed more than billion in benefit payments since March.The release stated, "EDD has processed over a total of 11.0 million claims for Unemployment Insurance (UI), Pandemic Unemployment Assistance (PUA), and benefit claims extensions over that timeframe. The average amount of benefits paid daily by EDD over last week (4 million) was 967 percent higher than the daily average paid over the same week at the height of the Great Recession ( million) in 2010."The group of lawmakers calling for an audit ask that EDD, "Assess the reasons for backlogged unemployment insurance claims (claims) and the effectiveness of EDD's efforts and timeframes for eliminating the backlog. Evaluate the effectiveness of EDD's actions to improve call center performance and response time. This includes EDD's hiring, onboarding, and training efforts to increase call center staffing levels. Determine the magnitude of EDD's claims workload, including the number and percentage of claims that were approved, denied, pending, and backlogged since the beginning of the pandemic. Assess EDD's call center capacity and determine trends in the volume of call received, the time it takes EDD to respond to callers, the percentage of callers connected to a representative, and the number of calls during which the caller was disconnected from the call." 5161
SAN DIEGO (KGTV) - A federal judge has ordered the San Diego Police Department to stop citing people for living in their vehicles.The decision comes after a lawsuit was filed against the city by a group of homeless people and their advocates.On Tuesday, United States District Judge Anthony Battaglia agreed with the plaintiff’s argument that the city’s municipal code was too vague in defining what constitutes habitation of a vehicle.Tristia Bauman, an attorney with the National Law Center on Homelessness & Poverty which helped work on the case told 10News, “we are very happy and pleased that the judge understood what we were arguing.”However, that was only one half of the lawsuit. The other half targeted the city’s municipal ordinance that outlaws RV parking from 2-6a.m. Known as the Nighttime RV Ordinance, or Oversized Vehicle Ordinance (OVO), the judge denied the request to enjoin it, saying the same argument did not apply.In the decision, Battaglia wrote “while the court sympathies that this Ordinance leaves Plaintiffs with nowhere to park between these hours and is decidedly unfair, the law is not ambiguous, unclear or vague in any way.”A spokesperson for city attorney Mara Elliot declined to comment beyond saying they “will review the ruling and advise our client.”An early neutral evaluation conference had been scheduled for Thursday with all the parties. Bauman said it could result in a settlement or go back to the court for a final ruling. 1486
SAN DIEGO (KGTV) — City leaders say they're making strides in overhauling its water department after a disastrous 2018. In a presentation to the Audit Committee Wednesday, city public utilities managers said they had implemented about a dozen reforms after a series of missteps last year. In 2018, thousands of San Diegans received erroneous water bills, which an audit largely blamed on human error. A later audit found that some meter box and lid replacement workers were fudging time cards amid a 22,000 unit backlog. RELATED: New round of complaints on high water bills"We needed to change the culture and make sure that all these issues were addressed," said Johnnie Perkins, San Diego's deputy chief operating officer. Perkins said the Public Utilities Department has implemented new, efficient work strategies. These include getting workers out to the field faster, overhauling how customer service representatives interact with residents, and using software to pick routes that make sense. Previously, for example, workers could be sent to do water meter work in Rancho Bernardo only to be sent to San Ysidro. The city auditor is currently monitoring the progress.RELATED: Audit shows City sent thousands of faulty water billsBut Rodney Fowler Sr., who heads the union that represents meter replacement workers, said the changes aren't addressing obvious issues: The department is understaffed, and the vehicle fleet is unreliable. "They're 10 years old," said Fowler Sr., president of AFSCME, AFL-CIO Local 127. "A private contractor would never use a service vehicle 10 years because it starts to cost them money."Perkins said the city could contract out for workers to address the backlog, and is currently assessing investments in new equipment.RELATED: City to begin building alternative to SDG&ECity Councilman Scott Sherman, who chairs the audit committee, said the issue is not as simple as staffing and equipment. "It needs to be a give and take," he said. "We need to do some of those things that the unions want to do, and they need to do some of the things that we want to do." 2107
SAN DIEGO (KGTV) - A European carrier is hoping to transform the way Southern California travels between major cities.FlixBus will start offering service to 10 Southern California cities, including in San Diego, beginning May 31. The service, which has operated within Europe since 2013, is hoping to carve out a presence with discounted ticket prices and some high-tech additions.For a limited time, travelers can snag fares from Los Angeles to Las Vegas for as low as on select dates throughout June, according to the service's website. The prices are set to eventually rise.RELATED: Southwest Airlines to begin service from Southern California to HawaiiFares to and from San Diego are beginning as low as to L.A. or to Las Vegas, with departures from El Cajon, La Jolla, San Diego State University, and the San Diego Zoo. The company hopes to establish more stops in the future.FlixBus said it hopes to eventually have 180 routes linking the southwest U.S. The May 31 launch will also include two Nevada cities and seven in Arizona."We are not coming here for being another player in the market. We want to reinvent the market," André Schw?mmlein, founder and CEO of FlixMobility, said during a Los Angeles press conference. "We want to reinvent this mode of transportation."RELATED: Carlsbad-based airline Cal Jet abruptly cancels more flightsThe service hopes it can attract a new wave of bus commuters with its brightly-colored buses and amenities including free Wi-Fi, GPS tracking, power outlets, Alexa and Google Voice compatibility, and onboard entertainment."We want to make this the best ride you can imagine," Schw?mmlein said. "This should change the image of the bus and the industry." 1759