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Purchase of Service Credit Update

The attached letter from City Attorney Jan Goldsmith arrived at 5:15 p.m. on Tuesday responding to the letter which MEA attorney Ann Smith and Local 127’s attorney Ellen Greenstone sent to the Mayor and City Council on January 21, 2011 (also attached).  We have many points of disagreement with Mr. Goldsmith on the issues being addressed in his letter—and they have been/will continue to be addressed—but we wanted you to have the opportunity to read both letters.

The short summary of the City Attorney’s letter is that the City agrees that SDCERS should return to San Diego County Superior Court Judge Nevitt to seek a clarification of the judgment as to those employees who were already in DROP as of November 20, 2007, when the City filed its Writ Petition, i.e., should these employees be deemed “retired” and thus excluded from the Court’s judgment.  However, as to all others who face the proposed “correction” process which SDCERS has outlined, the City proposes to do nothing to lessen the harmful outcome on these employees and retirees despite the factual and legal points we have raised and repeated since last August.

It is not yet clear when SDCERS will seek this clarification from the court and how, if at all, this process will affect SDCERS’ proposed “correction” time-line.  We will keep you updated as we learn more.  MEA’s Board of Directors will also receive their next update on these issues at the Board meeting scheduled for February 9, 2011.

City Attorney Letter
Ann Smith Letter