Council Kills Bid to Put Police, Fire Pension Reform on June Ballot

The Los Angeles City Council on Wednesday killed an attempt to place a controversial pension reform measure on the June ballot amid warnings by several members that rising stress-related disability pensions awarded to police officers are causing the city treasury to “hemorrhage.”

In a 9-3 vote, the council instead instructed city representatives to begin immediate negotiations with the police and fire unions so that the issue can come before voters, either at a special election or at the next scheduled election in June, 1986.

Wednesday was the last day the council could have acted to place a measure on this June’s ballot.

However, some council members expressed fears that the Los Angeles Police Protective League and United Firefighters of Los Angeles would deliberately drag out the negotiations for years.

State Supreme Court Ruling

The action came after the city attorney’s office advised the council that a recent state Supreme Court ruling prohibits cities from placing measures on the ballot affecting wages, benefits or working conditions until they first meet and confer with employee organizations.

“There is a hemorrhage of the public treasury that is just unconscionable,” said Councilman Marvin Braude, who noted that the city has studied the stress pension problem since 1982 and has done nothing but have committee meetings. “There is no one to stop this hemorrhage except this City Council, and the way to do it is to put it on the (June) ballot.

“I’m sure it is more comfortable and safer to meet and confer (with the unions) until the whole process is exhausted,” Braude added. “Let the hemorrhage go on, though. Let the blood pour out of the city treasury. That’s just what’s going to happen.”

The Times reported earlier this month that 175 Los Angeles police officers were awarded stress-related disability pensions during the last five years, accounting for nearly half of all pensions awarded. Each award could cost the city an average of $2.7 million over an officer’s lifetime when cost-of-living increases are included.

In addition, The Times found that some officers who won stress pensions were targets of Police Department disciplinary proceedings or criminal charges. Others worked in lucrative jobs outside the department. Many claimed that they suffered stress simply because they were no longer interested in being police officers, had run-ins with their superiors or failed to win promotions.

At Wednesday’s hearing, Councilman Art Snyder urged his colleagues not to be “stampeded” into placing a measure on the ballot simply because of the Times’ articles.

“That’s the legislative process of the Los Angeles Times as it relates to municipal government,” Snyder said. “Whenever an issue is declared, each and all of us must salivate, knee jerk and jump up and make wild speeches advocating that we do irresponsible things in order to satisfy their latest editorial. That’s the wrong way to do it.”

Councilwoman Peggy Stevenson, who chairs the Charter and Elections Committee, initially recommended preparing documents necessary to place the measure on the June ballot. But on advice of the city attorney’s office’s, she withdrew that recommendation and replaced it with a motion asking simply that the city begin negotiations with the unions.

Charter Amendment

An obviously upset Braude, who is chairman of the Police, Fire and Public Safety Committee, accused Stevenson of having “flip-flopped” on the matter.

At issue is whether the City Charter should be amended to give the Board of Pension Commissioners wider discretion in awarding disability pensions, particularly to discourage phony stress claims. Currently, the minimum amount officers or firefighters receive is 50% of their salary if their injuries are job-related. The proposed Charter amendment would cut the minimum benefits to only 10%.

Bill Violante, the protective league’s secretary, refused to say whether the league would specifically support a reduction in the 50% minimum.

“We’ve said all along we’re willing to meet and confer over this problem of disability pensions, especially in the area of stress,” Violante said. “We recognize that we have to look at the perceived abuses of the system and we’re willing to deal with that in any way we can through the negotiating process.”

Won’t Delay Negotiations

Firefighters union President Andy Kuljis said he considered the reduction proposal “negotiable,” but added: “You don’t roll back benefits without replacing them with some like benefit.”

Kuljis also said his union would not deliberately delay negotiations, as some council members fear.

But Keith Comrie, the chief administrative officer, said the unions have the power to keep the talks going for years.

“It’s in the unions’ hands,” Comrie told the council. “They have good attorneys who know how to make use of the process and drag it out.”

Councilman Zev Yaroslavsky warned the unions that delays could affect his position when salaries are discussed later this year. “I want to pay top dollar for those people who work and do a top-flight job, but not for people who retire and golf on a stress pension.”

In an unrelated matter, tempers flared during the debate on stress disability pensions when Councilman Ernani Bernardi criticized the Police Department’s affirmative-action plan for bringing in what he said were lesser qualified officers.

Bernardi said the problem stemmed from a decision to lower the height minimum for officers from 5 feet, 8 inches to 5 feet in order to boost minority representation on the force.

Councilman David Cunningham angrily challenged Bernardi to go down to the black neighborhoods of Los Angeles and make those same remarks about affirmative action.