O.C. Watchdog: The Voter Empowerment Initiative would require voter approval for guaranteed pensions for new public workers, as well as voter approval for pension increases for current workers

O.C. Watchdog: Even though public workers paying more into their pensions, shortfall still growing

Public workers are kicking in more to fund their retirements, helping to stabilize the burden borne by California’s cities.

The gaping hole at the bottom of California’s public pension funds grew monstrously nonetheless.

New figures from the state controller show glimmers of light escaping from an otherwise oppressively dark cloud. California’s 470-plus cities spent just a half-percent more on retirement costs in 2014 than they did in 2011, almost entirely because cities drastically reduced what they paid to pick up their employees’ required share of pension costs.

That’s the fruit of union contracts where workers agreed to shoulder more of the load.

“No one cares more about the sustainability of retirement funds than the state’s teachers, firefighters and other public workers,” said Steven Maviglio, spokesman for Californians for Retirement Security, a coalition of public employee unions. “They are paying more for benefits than ever, while seeing them scaled back.”

But, despite such efforts, the gap between what public agencies have promised to pay workers upon retirement, and what we actually have, continued to grow.

The hole is called “unfunded liabilities” in accountant-speak. And the total for all of California’s public pension systems skyrocketed 3,710 percent in just a dozen years – from $6.3 billion in 2003 to $241.4 billion in 2014, according to the latest figures from the state controller.

The hole grew nearly 22 percent between 2013 and 2014 alone.

“What a record!” said Chuck Reed, Democrat and former mayor of San Jose, who is aiming a pension reform initiative at the 2016 ballot.

Reformers argue that this hole matters to all Californians, because if it isn’t filled up with meatier investment earnings and heftier contributions from public workers and employers alike, taxpayers will have to fill it directly.

Why? Because in California, the promises made to public workers on Day One of their employment can never, ever be broken – at least, not outside of federal bankruptcy court. And even in court, officials from Vallejo and Stockton and San Bernardino did not ask to scale back these burdens, fearing they’d have trouble attracting and retaining workers.

PERSPECTIVE?

Public labor unions bemoan the “pension bogeyman,” and argue that unfunded liabilities can be misleading.

Those are not hard-and-fast numbers reflecting fixed debt, Maviglio has said. They change, depending on many moving parts and assumptions, including how long people are expected to live and projected annual returns on investments.

When the market booms, returns are great and liabilities get smaller. When the market tanks, returns shrink and liabilities grow.

“Cropping the picture for one or even three years always is dangerous,” Maviglio said. “As any financial advisor will tell you, you need to look at the big picture. And if you do that, returns and expenses are relatively stable.”

California’s pension systems are, indeed, starting to factor for longer lives and less-stellar investment returns: Public agencies – and workers – are paying 30 to 50 percent more a year into the pension kitty now than they were just a few years ago, and will keep paying at this rate for years to come.

The numbers will be subtracted from public agencies’ balance sheets beginning next year. Some city officials in particular are bracing for this, as it could make a few municipalities appear insolvent. That is, their total liabilities will exceed their total assets, at least on paper.

The expected shock of this exercise might work to the pension reformers’ end.

BALLOT FIX?

A pair of initiatives by Reed and former San Diego councilman Carl DeMaio, aiming for the November 2016 ballot, try to address the problems.

The Voter Empowerment Initiative would require voter approval for guaranteed pensions for new public workers, as well as voter approval for pension increases for current workers.

The Government Pension Cap Act would limit public agency contributions to new workers’ retirement accounts to 11 percent of base compensation, up to 13 percent for public safety workers. Many agencies now pay about 20 percent for regular workers, and more than 50 percent for public safety workers.

Reed and DeMaio say local governments need more tools to help rein in unsustainable pension costs that siphon dollars away from services for regular citizens. Opponents say they would gut public pensions and eliminate guaranteed retirements across the board.

Reformers keep playing an initiative cat-and-mouse game with the Attorney General, who keeps giving the measures titles and summaries that they consider the kiss of death. They only plan to put one initiative on the ballot. Supporters have six months to submit signatures to qualify for November’s ballot.

In a survey released in September, the nonpartisan Public Policy Institute of California found that the majority of voters favor changing the pension system for new public workers – 72 percent of likely voters said the amount of money spent on public pensions is a problem, and 70 percent said voters should have a hand in pension decisions at the ballot box.

But pollster and political consultant David Binder Research found that support for the two initiatives was far lower, around 42 percent. Binder surveyed likely voters, and released results last week.

Dave Low, chair of the union coalition Californians for Retirement Security, pronounced the reform initiatives “dead in the water.”

Reformers disagree.

“Of course the unions opposing pension reform will manufacture inaccurate polling numbers to distract from our momentum,” DeMaio said. “Our internal polling – and all publicly available polling by independent third parties – show California voters overwhelmingly favor pension reform.”

Workers pitch in

California’s 470-plus cities are picking up less of the workers’ share of pension costs as workers pick up more. But unfunded liabilities in California’s public pension systems continue to skyrocket.

Contact the writer: [email protected]

https://www.ocregister.com/articles/public-696676-pension-workers.html

The pledge by Team Newport to audit the $140 million Taj Mahal – $228 million with debt service – Newport Beach allocates $300,000 for Civic Center audit

Newport Beach, California –

An audit of the Newport Beach Civic Center construction process is moving ahead with a new – and higher – price tag.

The City Council voted 4-3 Tuesday in favor of the audit and to allocate $300,000 for its completion, including periodic reporting to the council.

Mayor Ed Selich and council members Keith Curry and Tony Petros voted against the measure.

Councilwoman Diane Dixon said the council owed constituents an audit of the $140 million project. She said it would also give the city a better idea of how to manage future projects the same size or scope of the Civic Center.

“My wish is this gets a clean bill of health and we can move on,” Dixon said. “I’d like to take the acrimony out of this and see this as a positive.”

Curry called the audit a political manipulation to use in the upcoming election cycle. The city manager already provided “two feet” of documents and a review of the building process, he said. Taxpayer money could be better used for projects in the community, he said.

“We’re asking consultants to tell us who won WWII,” Curry said. “It’s a complete waste of money.”

Planning for the facility started more than 15 years ago and its scope morphed significantly over the years, according to Register archives. The complex near Fashion Island opened in 2013 and included the government building, council chambers, a 450-space parking structure sunk to protect views, a 17,000-square-foot library expansion and a 14-acre park connected by an over-road bridge.

The council in June asked the city attorney’s office to hire an independent audit project manager, who could then hire a firm to do a financial and management performance audit of the Civic Center project. When the audit was originally brought up in January by council members, a price tag of $100,000 was highlighted.

Allyson Gipson, the independent audit manager hired by the city, said the industry standard for the cost of audits this size are usually one percent of the total cost of the project, though she thought the city could get an audit at about half that price.

A staff report suggested a two-phase audit, which could cost as much as $560,000 – about $110,000 for the first phase and $450,000 for the second. The council voted to limit the audit to one phase and set the limit at $300,000.

https://www.ocregister.com/articles/audit-693820-council-city.html?utm_source=MailingList&utm_medium=email&utm_campaign=Keeping+a+Campaign+Promise+%E2%80%93+Auditing+the+Taj
Contact the writer: 714-796-7990 or [email protected]
Keeping a Campaign Promise – Auditing the Taj

Dear Friend,

Our steering committee met a couple of weeks ago to review the past year since Team Newport was elected, and plan for the 2016 city elections.

One of the key issues in last year’s election was the pledge by Team Newport to audit the $140 million Taj Mahal. ($228 million with debt service)

On a 4-3 vote, Team Newport (Diane Dixon, Kevin Muldoon, Duffy, and Scott Peotter) approved a $300,000 contract to conduct an audit with the goal of finding out if taxpayers were fleeced, or if the costs were supportable and reasonable.

Of course, leading the opposition to the audit was Keith Curry – the councilman that spent over $1 million trying to ban wood burning fire rings.

You can read the Register’s recap of the city council’s action here, including Keith Curry’s claim that the audit is a politically motivated “complete waste of money.”

I am proud that Team Newport kept their word – a novelty in these times.

Sincerely,
Bob McCaffrey

Volunteer Chairman, Residents for Reform

Newport Beach

Family Ties Run Deep at Garden Grove City Hall – At least 117 employees, including a council member and former mayor, in recent years have had at least one relative also working for the city

Garden Grove, California –

Family Ties Run Deep at Garden Grove City Hall

Employees for the city of Garden Grove like to say they’re part of the “Garden Grove family,” and that nickname is more or less literal.

At least 117 employees, including a council member and former mayor, in recent years have had at least one relative also working for the city, according to a public records request posted on the city’s website.

The issue has been controversial in Garden Grove, where the Orange County District Attorney is continuing an investigation into allegations of nepotism in the hiring of former mayor Bruce Broadwater’s son Jeremy as a city firefighter.

It was Bruce Broadwater himself who in October made a request, under the California Public Records Act, for all employees, current and former, with a relative working for the city.

In 2013, Voice of OC reported that a number of top officials had relatives who work in the city, including former city manager Matthew Fertal’s three sons and niece.

Broadwater has said that he did not intervene in his son’s hiring, pointing to a change in the city’s nepotism ordinance while he was off the city council.

He said that while he didn’t approve of his son’s hiring, it was not against city policy at the time, and certainly not unique.

“What am I supposed to tell [Jeremy] — that everyone and their brother can hire somebody and he can’t get hired?” Broadwater said at the time.

Broadwater’s Public Records Act request, which is available on the city’s new public records portal, shows that in addition to a number of top officials and department managers, many rank-and-file employees also have had a husband, wife, parent, child, cousin or in-law working for the city.

Councilmember Kris Beard’s two sons and finance director Kingsley Okereke’s two daughters and son have worked summer jobs in the Recreation Department. Community Services Director Kim Huy has a brother-in-law in Public Works. IT Director Charles Kalil has a sister-in-law in Community Development.

One employee, an administrative analyst, has a father, cousin and two brothers in the city, according to the document.

City firefighters, who gave former chief David Barlag a vote-of-no confidence when Jeremy Broadwater was slated for hiring, are certainly not immune.

Police Chief Todd Elgin’s son-in-law, and the brother-in-law of police officer Brian Dalton (the son of former mayor Dalton) are Garden Grove firefighters. Batallion Chief Paul Whitaker’s wife Lucia is a fiscal analyst for the fire department. Two fire captains — Alberto Acosta and Justin Truhill — are brothers-in-law, while firefighters Travis and Shane Mellem are blood brothers.

After a hot 2014 election season that saw and departure of both Bruce Broadwater and Fertal, employees have been especially attentive to public concerns over real or perceived nepotism, said former interim city manager Allan Roeder.

While it’s not uncommon for employees to meet on the job and marry, or for the children of a police officer or firefighter to follow in their parents’ footsteps, Roeder said he thought the number of relatives in Garden Grove is “high.”

“From a best practices standpoint, it’s best to avoid [hiring relatives] wherever possible,” said Roeder, who was the city manager of Costa Mesa for 25 years. “Quite honestly it creates perception, even when the employees are not in the same department…that, because someone is related to someone else, there may be favoritism, or something of that nature.”

From a practical standpoint, Roeder said it also makes it difficult for the city manager to manage employees if they have to worry about placing two relatives in a working relationship.

“You don’t want to put yourself in the position of having to manage workload based on those types of relationships. It’s better not to have to constrain yourself than to try to work things out after the fact,” said Roeder.

Amid the nepotism controversy, former Human Resources Director John D.R. Clark left for a job as Vice President of Southwestern College in Chula Vista. His subordinate, Laura Stover, has since been promoted to director.

In Sept. 2014, while both Broadwater and Fertal were still in office, the city passed a new nepotism ordinance that bans the future employment of relatives of high-ranking employees. It also doesn’t allow related employees to work in the same department or be placed in job where they could one day be supervised by a relative.

Relatives of officials could still apply to work 1,000 hours or less in a part-time position, subject to city manager approval, while part-time employees hired prior to September 2014 are still eligible for promotion to full-time employment.

However, while the new policy ensures the city will have fewer related employees in the future, officials are bound by the previous policy when it comes to those hired before the change, said City manager Scott Stiles, who took in August.

“It appears some people on the list are no longer with the City…and given the City’s current [nepotism] policy…I think the list will continue to be reduced,” Stiles wrote in an email. “Without doing some more research, I can’t report whether this list is more or less than what you might find in other cities the size of Garden Grove.”

“What I can tell you is that we have a responsibility to follow the established nepotism policy set by City Council, and that we strive to follow best practices necessary to maintain the public trust,” Stiles added.

Roeder said the only instance where the issue came up during his nine months at the helm was when an existing part-time employee sought a promotion to a full-time position.

Because of the potential for the person to work under or with a relative, “We denied the promotion,” he said.

Councilman Phat Bui said there isn’t much the city council can do now, given the nepotism policy was put in place after the hiring of most of these employees.

“For now, we just need to make sure the promotion or transferring of employees be done fairly and based on the merit of qualifications,” Bui said. “And I would like to have a process where anyone…would be able to appeal to upper management or the city council as well.”

Councilmembers Beard, Chris Phan, and Steve Jones did not respond to a request for comment.

Mayor Bao Nguyen declined to comment on the employment of relatives until the DA completes its investigation, but added that he believes the city will be transparent moving forward.

“I think people want the city to be fair in its hiring and that they all have a fair chance when they apply for jobs — and I think we’ve made that clear moving forward,” Nguyen. “But it’s important people continue to hold us accountable and bring up these issues.”

https://voiceofoc.org/2015/11/family-ties-run-deep-at-garden-grove-city-hall/

Contact Thy Vo at [email protected] or follow her on Twitter @thyanhvo

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