Attorney generals summarize
each ballot initiative for voters in 100 words or less. The summary appears on the initiative
petition circulated among voters.
If a minimum number of voters sign the initiative petition, the
initiative appears on the ballot.
The summary gives voters a sense of the measure’s purpose
without creating prejudice for or against the proposed measure. Attorney General Kamala D. Harris wrote the
title and summary for Reed’s Pension Reform Act. Reed challenged the first sentence of the
summary, which stated: “Eliminates constitutional protections for
vested pension and retiree healthcare benefits for current public employees,
including teachers, nurses, and peace officers, for future work performed.”
First, Reed claimed the word “eliminates” was misleading
because the initiative does not repeal or replace any provision of the state
Constitution. The Court agreed the
initiative does not eliminate any provision
of the state Constitution. But the summary
does not state the initiative eliminates constitutional provisions – the
summary states the initiative eliminates constitutional protections. The Court found
the Attorney General’s characterization was accurate.
Second, Reed argued the phrase “constitutional protections”
is false and misleading because the California Rule granting public employees
vested pension rights in retirement benefits is not constitutionally
based. The Court replied, “If the
California Supreme Court says the California Rule’s protections are
constitutionally based, they are.”
Next, Reed ignored California Supreme Court precedent a
second time, arguing the word “vested” is false and misleading. Reed claimed the word “vested” only describes
benefits that have already been earned through past service, not benefits
earned through future service. Again,
the California Supreme Court has used the term extensively to describe benefits
earned through future service.
Finally, Reed challenged the Attorney General identifying “teachers,
nurses, and peace officers” as affected public employees. Reed claimed the Attorney General
cherry-picked three very popular job classifications of public employees to discourage
voter support. In fact, those three job
classifications make up close to half of all public employees. The Court found the Attorney General accurately
and concisely identified the affected employees for voters.
The Court's decision marks another blow to Mayor Chuck Reed's initiative, which seeks to eliminate fundamental constitutional protections for California's public employees.
The Court's decision marks another blow to Mayor Chuck Reed's initiative, which seeks to eliminate fundamental constitutional protections for California's public employees.
