Monday, August 31, 2009

Sleeping Giant

By Pete Pomerleau

Admiral Yamamoto could have been speaking for the San Jose City Council when he said: "We have awoken a sleeping giant." Yamamoto’s sleeping giant was the United States, awoken by the bombing of Pearl Harbor. The giant in today's terms is the body of active and retired employees of the City of San Jose, and the battle is over our pension plans.

For those not up to speed, the City is in full-on attack mode. City administration hired an outside agency from Canada called Cortex to look at making our pension plan "better." We were assured during meetings with these consultants that we as stakeholders would have a say in any re-organization. I can tell you for a fact that we will, because this is a clear meet-and-confer issue under our contracts, as noted by Bobby Lopez and Randy Sekany in their blog last week on Protect San Jose.

I spent two nights last week listening to and addressing some of the changes proposed by Cortex that the City is planning to ram down our throats. Beyond the damage these changes would do to officer morale as well as our recruitment and retention efforts, the proposed plan is just plain flawed.

The best people to manage a pension fund are the employees who pay into it. City staff has been trying to figure out ways to cut into our well-managed plans for years to subsidize the many financial quagmires they’ve gotten themselves into. We have to scale back on our new Southern Substation because of poor business decisions and practices made by supposed experts. We couldn't even get our new City Hall completed without numerous problems, and we hired the best architects in the country. Now the city wants us to hire more experts to manage our pensions. Well, I’ve got news for you: You could hire Warren Buffet to manage our funds, but he wouldn’t be able to guarantee higher returns.

I want to share some other ideas that were presented to us by Cortex and some of our responses. For reference, you should click here to open their report, which City Manager Figone brought before the City Council on June 23rd.

On page 27 of the report (p. 33 of the pdf), Cortex cites “good” examples of companies that changed their retirement boards in similar ways. Funny, but the numbers I have tell quite a different story:

• Canada Pension Plan: lost 18.6%
• National Railroad Retirement Investment Trust: lost 19%
• Yale Corporation Investment Fund: lost 25% this year

On the other hand, during 2008, the San Jose Police and Fire pension plan lost 5.1% and the Federated plan lost 3.1%. The question begs to be asked: What are we getting by putting our future in the hands of the “experts”?

As members, we contribute a chunk of our salaries every payday to the future of our plan. We also contribute our tax money into the plan along with every other resident. This is a well-developed plan that has generated tens of millions of dollars in returns to the City. We never asked for a bigger cut while the City reaped the rewards in the bullish years. But they have seen it fit to attack and demonize us in the court of public opinion in the lean years.

Maybe in the future the City should think about putting some revenue away for a rainy day, rather than spending it on non-essential services. Wouldn’t that be a sound business idea?

Before I sign off, you should know that Councilmembers Ash Kalra and Rose Herrera sat through both community outreach meetings last week. They listened as City employees described their frustrations. Rose even walked through the crowds and spoke one-on-one with us. This is a fine example of the dialogue we so desperately need to have with our Councilmembers. I’d like to thank Ash and Rose for leading the way.

12 comments:

  1. ....the City reaped the rewards in the bullish years. But they have seen it fit to attack and demonize us in the court of public opinion in the lean years.

    THIS SAYS IT ALL! Yet another knee jerk reaction by city. Keep them away.

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  2. In City Hall, it's commonly known that half the council doesn't really read anything. I hope they or their staffs read this so they have a clue.

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  3. Over at the blog "San Jose Inside", Councilman Pierluigi Oliverio continually denigrates city employees on his blog. As a city worker who has always worked hard to make this a better city, I find this a demoralizing tactic. I am glad the SJPOA created this sight to at least give a balanced response. I hope that others go to "San Jose Inside" and respond to some of the accusations to provide some more balance. Thanks.

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  4. Let me get this straight Sam (smiles) said that he wants to get off the retirememnt board because he wants experts to handle all that money!!! Well Sam I agree, if a Harvard education doesn't prepare you to use common sense then you should get off the board and the council too. We don't lack experts and if you need more then we can get more, what we need are persons with integrity something you seem to lack

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  5. Unless I misunderstand the situation, currently, the retirement board is made up either entirely or mostly of volunteers who receive little or no compensation for their efforts and still have more successfully managed the retirement fund than 'experts' have managed the aforementioned funds cited by Cortex. If I am mistaken, please correct me. If I am not, and these volunteers to the board are to be replaced by 'professionals' or 'experts', would these replacements not have to be compensated in some way for their time and expertise? It seems to me that this is simply an opportunity for the City to demonize a successful retirement program and then exert control over it by placing a majority control (4 board members out of 7) in the hands of people who have less vested interest in the success of the program and more interest in job retention and appeasement of their bosses (i.e. City Council and the City Manager's Office) This does not sound like a successful business model and it certainly sounds at least a bit anti-democratic. I would think that pensioners and future pensioners should be allowed an equal (if not greater) say in the administration of their pension plans than what Cortex's plan apparently allows. After all, they are the true stakeholders when it comes to the success of the plan.

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  6. What job did Pierre have before the city?

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  7. Pete,

    You said it best when you referred to the City making all that extra money off the retirement fund when the economy was good and the city pissed away all that money. Do we know approximately how much that was?? But I bet that's probably something the Mercury News or the City council would not be interested in.

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  8. Pier came from high tech and I believe still works in it.

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  9. The Association of Retired San Jose Police Officers & Firefighters have created a response to the Cortex Report and it can be looked at by going to: www.retiredsjpoff.org and clicking onto Cortex Response on the home page.

    Also, the Mercury News published a response to this power grab and that can be read at:
    http://www.mercurynews.com/opinion/ci_13261986source=email

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  10. In response to how much the city has gained. Recently the city fully funded the retirement portion they are responsible this year. (Early) The stock market was favorable the last six months. This allowed the city to gain 2 million. As for how much they have gained over the years, I was told tens of millions. Let us not forget when the city gaines the working employee still puts in the same amount. I figure Police and fire put in over 1,000 a month min. Do the match 1350 + 700. Not sure on current Fire employees. Maybe someone can let some Fire folks give me some current numbers.

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  11. First: Everyone was asleep at the switch for the 30 years I've been gone.

    Second: No one exposed the City Fathers for the graft and corruption in the $502,000,000.00 CRYSTAL CATHEDRAL "City Hall".

    Third: You still don't look at the City Council Meetings and the contracts they award to ABC this and XYZ that...If you took ten minutes to investigate these companies you would get your socks knocked off.

    Fourth:No matter what you think of the Mercury News Rag you should pay attention to how you attack them ! Home delivery is almost over and they have to communicate the same way you do "Computer and Internet".

    Fifth: You should never have agreed to give "CORTEX" their interviews
    without council present.You should have done your research on them first and then you wouldn't have answered the doorbell.

    Sixth: Cops and Fireman are funny people.They support the members in their organization they like and turn their backs on those that they don't like.Can't have your own "Click" foxhole.Your weak in the "Espirit" section.

    Seventh:You do nothing for your Disabled Officers when the City refuses to pay for their care,Active and Retired.

    Eighth: Some of the people on your Pension Boards abused their duty to conserve funds.They weren't placed there to stay in $400.00 a night hotels and Limo around on "Due Diligence" trips.

    Ninth:Your Vanguard Magazine has been described as a study in professional bitching and no action.

    Tenth: When the going gets tough, you have a tendancy to "Quit" and watch out for yourself instead of the team.That's why the City always beats up on you.It's a shame to watch midgets KO potential Giants.

    I remember meeting with Judge Steven Manley, when he was an ACLU attorney, in a gas station while on duty and giving him the evidence, after the depositions and perjury of the below mentioned, to provide justice to hundreds of minority, men and women who had been cheated of their right to be Police Officers.At that time there were less then 20 minorities on the Department.The Chief,City Manager,and Assistent Chief fired me and after appealing in Propria Persona I was reinstated, within an hour, with back pay and without even putting on a defense.The aforementioned were all fired shortly thereafter.I was Tedesco's original "Bad Apple".I watched and listened to scores of officers take the stand against me who had either never worked with me or who had been doing Code 7 with me just weeks before and parrott accusations supplied by the Department.I just let them talk the Civil Service Commission into finding me innocent on all charges without putting on a defense.If you people do that to each other now the City will beat you hands down.You should understand that they know your weakness toward yourselves.In Nam I was a Marine Scout Sniper in IV Corp with the 9th Expeditionary Force before I started my Law Enforcement career and I never understood how Law Enforcement personnal could be so dysfunctional in the courage and loyalty department until one X Marine on the department in 1971 told me "They are here to avoid being There, they are not the same cloth".

    P.S. There is no such thing as "Anonymous"

    Nate Jaeger

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  12. Nate,
    Like I said at the start of my article. The city has awoke a sleeping giant. See it's working. I never knew you but would like to remedy that with a meeting. I would also like to point out one mistake you wrote. There is NO such thing as a X Marine. Call the POA and leave a message for me. Phone number as well. Read my article in the Vanguard written on me in Jan. Some of the blood you speak about still bleeds in our department. It would be an honor to meet you. Pete

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