November 1983 Number 11 Quentin Kopp - Appeal Court Upholds New Friend of Poa Pension Rights
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I- the San Franosc* r 0LiCE AN '1I4 1.I.aU! E1 I['l .I'1 Ii I ;i1I191111ii.!it] iii*J4fsIiThi1! To Promote the Efficiency and Good Name of the San Francisco Police Department and its Members Member of COPS - California Organization of Police & Sheriffs VOLUME 15 SAN FRANCISCO, NOVEMBER 1983 NUMBER 11 QUENTIN KOPP - APPEAL COURT UPHOLDS NEW FRIEND OF POA PENSION RIGHTS by Mike Hebel, Welfare Officer capped at 2%. This measure was placed on the June. 1981 ballot and was passed by the voters. The Second District Court of Appeal ruled on Oc- The Pasadena police and fire employee organizations tober 13, 1983 that the City of Pasadena may not brought suit claiming that the amendments impaired reduce future pension benefits of current police and fire their vested pension rights and are invalid. The employees, even though the reduction applies only to Superior Court sided with the City of Pasadena. retirement benefits based on future service. The Court struck down a 1981 Charter Amendment APPEAL COURT DUMPS PASADENA stating that the modifications to the Retirement System impair the employee's vested contract rights. "By entering public service an employee obtains a vested contractural right to earn a pension on terms substantially equivalent to those then offered by the by Paul Chignell CITY OF PASADENA employer. On the employee's retirement after he has Vice-President In 1969 the voters approved a Charter Amendment fulfilled pension conditions an immediate obligation Like a butterfly emerging from a cocoon. Supervisor providing its police officers and firefighters with a cost arises to pay pension benefits earned." Quentin Kopp recently changed his tune and supported of living adjustment (COLA) pension benefit. Monthly The Court also discussed the long established rules a Police Officers' Association labor issue on the pension benefits were to be fully adjusted, either up or regarding vested pension rights: November ballot. down, based on the annual changes in the Consumer 1. A public employee's pension constitutes an ele- Welcome back Quentin! Price Index. ment of compensation; During the 1970s, a period of rapid escalation in the 2. The right to pension benefits vested upon accep- Despite the narrow loss of the Police-Fire Salary Consumer Price Index brought about modifications in tance of employment; measure, Proposition I (53-47%), the support of the the Retirement System. Pasadena police officers and 3. Once vested, such a pension right may not be senior member of the Board of Supervisors was signifi- firefighters agreed to increase their retirement con- destroyed without impairing a contractual obligation of cant. Many judgments will be made on why the tributions. Police officers and firefighters hired by that the employing public entity; and measure went down to narrow defeat (and those include City after 1977 were placed in the less expensive (to the 4. Reasonable modifications can be made to a the low voter turnout), but without Kopp's active sup- City) Public Employee Retirement System. Retirement System to maintain its entegrity. port we would have lost by a wider margin. Even with increased employee contributions, the City The court's keyholding was: "Changes in a pension of Pasadena failed to properl y fund the COLA benefit. plan which result in disadvantages to employees should The varied leadership of the San Francisco Police Of- A Charter Review Committee proposed a measure to be accompanied by comparable new advantages." ficers' Association over the past several years has been eliminate the unlimited COLA for all future service of Pasadena's 1981 modification to the COLA was in- cool to Quentin Kopp, because he had consistently op- active members and to replace it with a COLA benefit continued on hick poge posed our labor measures whether on the ballot as charter amendments or by ordinance at the Board of Supervisors. But November 1983 was a significant month in the relationship between the cerebral Super- THE NEW PA YROL L S YS TEM visor and our organization. It is a welcome sign. Prior to 1975 Supervisor Kopp was a supporter of ONE LESS PAY CHECK many of our labor measures and could be counted on by Pete Maloney. Editor Mr. Dougherty's alternative would have the city offer for a vote in a time of crisis. But then Kopp turned to Mon., 11-7-83, in the Board of Supervisors Commit- employees the option of receiving a full pay period the right side of the political spectrum and the relation- tee Hearing Room John Molinari, Supervisor- check when the deficit was to be enacted by waiving the ship strained for some time. Chairman of the Civil Service and General Administra- severance payment. Employees could also opt to skip tion Committee convened a special meeting. The sub- the pay period as planned by the comptroller and Quentin Kopp, for all his faults, perceived or other- ject was the implementation of the new payroll system receive the severance payment. wise, should be complimented for supporting Proposi- and specificially why it is necessary to eliminate an Enter the City Attorney's office in the person of, Ms. tion I. He will always be a force in San Francisco employee pay period to get the benefits all parties agree Judy Teichman who backed Mr. Farrell's objection that politics whether at the Board of Supervisors or in are worthwhile. an Administrative Code section prohibits paying an another office. City Comptroller John Farrell steadfastly refused to employee for, or before, pay has actually been earned. admit or even consider what Supervisor Molinari calm- Ms. Teichman could not say whether the plan was legal If you see Quentin, say hello and thank him for sup- ly and clearly posed as the central question: "Your or not only that it 'might not be legal.' porting our measure. I believe that a stronger relation- plan, however beneficial, will take a pay check away Supervisor Molinari challenged Mr. Farrell to ex- ship between the POA and the good Supervisor is at from city workers who have a basic need and right to be plain why that would be any more illegal than the an- hand. paid. How can we fix this error?" ticipated system we are currently using when in actuali- Vice Chair, Supervisor Doris Ward called the timing continued on back page of the 'short check' procedure insensitive before the The Last Word" holidays and like Supervisor Molinari insisted Mr. Farrell suggest a remedy, without receiving an answer. IN THIS ISSUE SFPD/PEP Supervisor and Committee member Bill Maher at- tempted, reluctantly and fruitlessly, to have Mr. Farrell THE LAST WORD ....................Pages 1 & 24 proudly presents explain how and why the conversion from an 'an- WIDOWS&ORPHANS ...................... Page 2 ticipated' to a 'positive' payroll system required a seven POLICE POST .............................Page 2 day deficit favoring the city to work. The deficit means EXEC. BD . COLUMNS .... .................. Page 3 CLAYTON BARBAU that when you're paid the city will owe you seven unpaid DA'S CONTROVERSY ...................... Page 4 COMMITTEE REPORTS ....................Page 5 "WHERE AM I GOING? WHAT AM I GOING days until you retire or terminate employment, when under the new system you will receive a severance check PFEIFER BENEFIT GOLF TOURNAMENT. Page 6 TO DO WITH THE REST OF MY LIFE?" making up the deficit. The practical effect means the AROUND THE DEPT ....................... .Page 7 city skips one of your checks and keeps the moneyjust LETTERS .................................Page 9 Thursday, December 8, at 8pm MINUTES ................................ Page ll before Christmas. MEDAL OF VALOR AWARDS .........Pages 12 & 13 The Collins Center, 630 Vicente St. Marilyn Smulyan, of Supervisor Nancy Walker's OUR HERITAGE ..........................Page 14 Bring your spouse or a friend. staff, introduced SEIU Business Agent Bud Dougherty, COPS FOR CHRIST .......................Page 19 Admission and parking are free. Local 390/400, who offered a method to avoid 'short PAL ................................Pages 20&21 checking' us. Mr. Farrell tiringly repeated his non- SPORTS ................................. Page 22 answers. Page 2 - SAN FRANCISCO POLICEMAN November 1983 Widows & POLICE Park Station's Sixth Annual Orphans POST Christmas #456 L' -\ Party The regular monthly meeting was called to order by Pres. W. Hardeman at 2:10 P.M., Wednesday, Oc- unlimited tober 19, 1983 in the Traffic Bureau Assembly Room, NEWS dining and dancing Hall of Justice: \ —i A sufficient number of members were present for the It's hard to accept what is happening in the world to- conducting of the usual order of business. day especially when it involves our own men who are • The following donations were received and undergoing such a severe baptism of fire. This, when SAT. DEC. 3-6:30 on acknowledged by the Secretary: VINCENT HOFMAN, the only purpose as a multi-national peace keeping PACIFIC ROD a constant contributor. CALVIN CHARLES, for help force is to prevent such a thing from happening. We by members of Co. A. can take comfort in the fact that world opinion is I &GUN CLUB Treasurer Bill Parenti reported NO DEATHS for this shocked and our national leaders will -take appropriate month. Treas. Parenti presented the regular bills which steps to combat this horrible act. We can certainly do (Next to Police Range) were approved for payment. all in our power to pray for guidance and not be misled REPORT OF TRUSTEES: Sr. Tr. Mike Kemmitt by certain segments of our citizenry who believe that $30.00 - Couple reported that the book value of our portfolio had they are acting in our best interests when they behave as decreased, due to the fall in the market. However, our MIKE GANNON CoF they do. It's a free country and everyone is allowed their %fTh S income was remaining the same, or higher, and there own opinion but let's not be led down the wrong path by GARY BLOUNT Co F was no reason for concern.