San Jose Prevented from Repealing Measure B by Court Decision

The 6th District Court of Appeal prevented San Jose Mayor Sam Liccardo from repealing Measure B. Although previous rulings allowed for Liccardo to repeal the measure, the appeal stops all proceedings and requires that the case be reconsidered.

Mercury News discusses the topic further:

In a victory for former Councilman Pete Constant and a blow to his one-time ally, Mayor Sam Liccardo, an appellate court on Wednesday put the brakes on the city from repealing Measure B — the pension reform initiative voters overwhelmingly approved in 2012.

“I’m happy the court agreed that the council cannot move forward in such a rushed manner — trying to push things through before the court process was completed,” Constant said Wednesday.

Constant, along with the Silicon Valley Taxpayers Association and businessman Charles Munger Jr., have issued legal challenges to the city’s quest to nullify Measure B through a court proceeding.

Constant, who championed Measure B along with Liccardo, said any changes to the initiative must go back out to voters. The city last year reached settlements during closed-door meetings with employee unions who filed numerous lawsuits against the measure, saying it was an assault on their rights.

Liccardo and the current City Council pushed to replace Measure B with the settlement language — but without full consent from voters who approved it.

“All we’ve asked for is that residents be given the right to vote on the settlement between the city and the unions,” Constant said. “We believe that right rests solely with the residents.”

Santa Clara County Superior Court Judge Beth McGowen didn’t agree. She issued two separate rulings, denying Constant’s plea and siding with the city in its attempt to wipe Measure B off the books.

Union leaders applauded the move, saying it allows them to begin rebuilding a workforce that was depleted from hundreds of employees resigning after pension reform.

Constant and his group appealed and the 6th District Court of Appeal on Wednesday granted a temporary stay in the case — stopping all proceedings to reconsider the case.

City and union leaders have until May 23 to submit their comments on the case.

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