San Bernardino exit plan cuts some pension costs

public employee union pensionA San Bernardino plan to exit bankruptcy follows the path of the Vallejo and Stockton exit plans, cutting bond debt and retiree health care but not pensions. Then it veers off in a new direction: contracting for fire, waste management and other services.

The contract services are expected to reduce city pension costs. Other pension savings come from a sharp increase in employee payments toward pensions and from a payment of only 1 percent on a $50 million bond issued in 2005 to cover pensions costs.

Last week, a member of the city council had a question as a long-delayed “plan of adjustment” to exit the bankruptcy, declared in August 2012, was approved on a 6-to-1 vote, meeting a May 30 deadline imposed by a federal judge.

“The justification from what I’m understanding from the plan — the justification for contracting is more or less to save the city from the pension obligation. Is that correct?” said Councilman Henry Nickel.

One of the slides outlining the summary of the recovery plan said: “CalPERS costs continue to escalate, making in-house service provision for certain functions unsustainable.”

The city manager, Allen Parker, told Nickel “that’s part of it” but not the “entirety.”

In addition to pension savings, he said, contracting with a private firm for refuse collection now handled through a special fund is expected to yield a “$5 million payment up front” into the deficit-ridden city general fund.

Parker said the California Public Employees Retirement System safety rate for firefighters is between 45 and 55 percent of base pay. “So if you have a fireman making say $100,000 a year, there is another $50,000 a year that goes to CalPERS,” he said.

An actuary estimated that contracting for fire services could save the city $2 million a year in pension costs, Parker said. The city expects total savings of $7 million or more a year, similar to a Santa Ana contract with the Orange County Fire Authority.

Unlike other unions, firefighters have not voluntarily agreed to help the struggling city by taking a 10 percent pay cut and foregoing merit increases. The cost of firefighter overtime has averaged $6.5 million in recent years.

After the court allowed the city to overturn a firefighter contract requiring “constant manning” last year, the city expected reduced staffing during off-hours. But overtime has not decreased, wiping out anticipated savings of $2.5 million this year.

Negotiations with the firefighters are difficult, Parker said, and their union has filed several lawsuits. He said the situation is “out of hand” and “can’t be contained,” part of the reason for the plan to contract for fire services.

The city expects fire service bids from San Bernardino County and others. A private firm, Centerra, has shown interest. Councilman Nickel said a legislator called about contracting with a private firm, suggesting “concern at the state level.”

Parker said a contract with a private firm would need a mutual aid agreement with neighboring government fire services. He said a San Manuel private fire service has been accepted by a fire chiefs association that manages the regional agreements.

Contracting for police services is not planned. Parker said the “one possible agency,” the San Bernardino County Sheriff‘s Department, made a $60 million proposal in 2012, reaffirmed last year, that would not yield city savings.

Fire and waste management are the biggest opportunities for savings and revenue among 15 options for contracting city services listed in the recovery plan summary. City employees are expected to be rehired by contractors.

Estimated annual savings are listed for contracting five other services: business licenses $650,000 to $900,000, fleet maintenance $400,000, soccer complex management $240,000 to $320,000, custodial $150,000, and graffiti abatement $132,600.

San Bernardino plan to return to solvency

In the 1960s, San Bernardino was the “epitome of middle-class living,” said the plan summary, and then a “profound and continuous decline” turned it into the poorest California city of its size (214,000).

Median San Bernardino household income was at the California average in 1969, an inflation-adjusted $54,999, before steadily falling by 2013 to $38,385, well below the state average of $61,094.

Financial trouble began before the recession. A unique form of government created “crippling ambiguities” of authority among the city manager, mayor, council and elected city attorney, leaving no one clearly in charge as the city slowly sank.

When the reckoning finally came in 2012, San Bernardino faced an $18 million cash shortfall and an inability to make payroll. After an emergency bankruptcy filing, the city became the first to skip its annual payments to CalPERS.

Now the skipped payment of $14.5 million is being repaid over two fiscal years with equal installments of about $7.2 million. The recovery plan also said with no elaboration: “FY 2019-20: $400,000 annually in penalties and interest.”

Replying to Nickel last week, the city manager explained why, if most employees are to be replaced by contract services, the plan does not propose to cut CalPERS debt. The city’s pensions have an “unfunded liability” of $285 million and are 74 percent funded.

Parker said the plan protects pension amounts already earned by city employees, even with a new employer, and like the Stockton and Vallejo plans reflects the view that pensions are needed to compete with other government employers in the job market.

“We naively thought we could negotiate more successfully, but that didn’t necessarily happen,” Parker said of mediation with CalPERS. An early plan called for a “fresh start” stretching out pension payments, yielding small savings in the first years.

And like Vallejo but not Stockton, which said from the outset it did not want to cut pensions, Parker said there was fear of a costly and lengthy legal battle with deep-pocketed CalPERS, possibly all the way to the U.S. Supreme Court.

One of the unique provisions in the San Bernardino city charter, which voters declined to overturn last year, bases police and firefighter pay on the average safety pay in 10 other cities, not labor bargaining.

Despite that link, police and firefighter compensation is said to be 8 to 10 percent below market because of low benefits. The bankrupt city stopped paying the employee CalPERS share and raised police and firefighters rates to 14 percent of pay.

Higher pension contributions from employees saved the city about $8 million last fiscal year, the plan said. Retiree health payments were reduced from a maximum of $450 per month to $112 per month, saving $213,750 last year.

“The filing of the plan is only the beginning of a long and very difficult process regarding confirmation and continued litigation with some of our creditors,” the city attorney, Gary Saenz, told the city council last week.

Berdoo

Reporter Ed Mendel covered the Capitol in Sacramento for nearly three decades, most recently for the San Diego Union-Tribune. More stories are at Calpensions.com.

San Bernardino’s bankruptcy plan favors CalPERS

As reported by the L.A. Times:

San Bernardino’s plan to exit bankruptcy has at least one winner, plenty of losers and could have repercussions for other California cities.

The city will pay every penny of the almost $50 million it owes to the California Public Employee Retirement System, known as CalPERS, if a federal judge approves the plan.

But it will only pay one penny for every dollar it owes to some bondholders who helped the city pay its CalPERS bill over the years.

Retirees will lose healthcare benefits that they were promised. …

Click here to read the full article

California Gold Miners Score Win Over State

As reported by Dan Walters at the Sacramento Bee:

California’s 21st century gold miners have scored a second major victory over state efforts to restrict – or ban – them from searching for the precious metal in rivers and streams on federally owned land, such as national forests.

On Monday, San Bernardino County Judge Gilbert Ochoa, building on a previous decision by a state appellate court, declared that the state’s moratorium on using suction dredges to sift through gravel had become a de facto ban and thus violated federal mining law, which encourages mining on federal lands.

His ruling was a victory for the Western Mining Alliance, which has battled the moratorium signed into law in 2009 by then-Gov. Arnold Schwarzenegger. While the law allowed …

Read the full story here

San Bernardino Nurses “Blackmail” County Supervisors

Only one week after I was sworn in as the newest member of the Board of Supervisors, we were faced with a strike by 1,200 county nurses, demanding higher pay and work rule changes.

I’m all about protecting patients and ensuring our public employees have fair wages and good working conditions. But there is another group out there that I am determined to protect – the taxpayers who provide the money that funds all government operations. They deserve to be represented at the bargaining table and I will always be there for them.

Most things in life are about striking the right balance between competing interests. An accurate understanding of the facts is essential to finding the best solution to problems. So I researched the situation to find out whether the nurses union claims of being underpaid and overworked were based in fact.

Here’s what I found. The California Nurses Association contended that private hospitals nearby pay their nurses an average of 30 percent more than the county, thereby causing high turnover of experienced nurses, low morale and jeopardizing patient safety.

However, the fact is that the average RN II at Arrowhead Regional Medical Center makes more than the median salary of 21 Inland Empire hospitals surveyed, has over nine years of service, and receives much more generous benefits and retirement packages than those of private hospitals.

The turnover rate at Arrowhead is 5.75 percent, compared with a southern California average turnover rate of 9.5 percent, and the county has received 983 applications for nursing positions just since July 1 of this year.

The truth is that San Bernardino County nurses receive competitive wages, have good working conditions and far better benefits and retirement than their private sector counterparts. The sticking point in the over year long (so far) negotiations is the union’s rejection of the same reasonable terms already accepted by thousands of other county employees.

Restraining the spiraling cost of public employee pay and benefits is essential to maintaining the long term fiscal health of our county. We need look no farther than the city of San Bernardino to see what can happen when those costs get out of hand. My top priority is ensuring the long-term fiscal integrity of county government for the benefit of generations to come.

Bankruptcy is not an option for us. It would be bad for our employees, our patients – indeed, every single person we serve in this county. It would throw a monkey wrench into our economy and send a strong signal to private enterprise to invest somewhere else where the elected leaders can balance their checkbooks and run their government operations in a competent manner.

CNA resorted to the despicable action of abandoning hundreds of poor, mostly minority patients in a blackmail attempt called a “strike.” The Board of Supervisors was forced to spend over $4 million dollars to protect patients from not receiving essential medical care as the result of being deserted by their own nurses. That money was taken away from patients and taxpayers by a callous labor union focused only on lining their pockets.

I will never be blackmailed, and never forget that my first duty is to protect taxpayers and residents of the Fourth District and throughout San Bernardino County. The Board of Supervisors sent a clear message to the union leadership this month. It’s time to bargain in good faith, receive fair treatment from the county just like other county employees and join with the Board of Supervisors in always putting patient care first.

Curt Hagman is a  San Bernardino County Supervisor