Judge denies Aguirre’s pension roll-back request
Monday, July 10, 2006
Judge Jeffrey Barton has ruled that indeed the city does have a viable legal claim in this case. However he denied Aguirre's request for what is called a summary judgment., which would settle the matter immediately in the city's favor. The ruling means Aguirre's bid for a quick and easy solution to the city's pension crisis is defeated.
The judge wrote there is conflicting evidence on several issues, which automatically prevents him from granting a summary judgment. One of the most significant issues is establishing a connection between the pension board's vote allowing the city to pay less into the plan, and the city's vote to approve higher pension benefits.
Judge Barton writes that the final pension board vote was actually taken after the city approved the benefits, not before.
The Judge will decide next whether to grant the city labor unions' request for a summary judgment in their favor. Alison St John KPBS news.
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