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November 6, 2018 — California General Election
Local

City of San Diego
Measure N Ordinance - Majority Approval Required

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Election Results

Passed

343,070 votes yes (78.2%)

95,411 votes no (21.8%)

100% of precincts reporting (813/813).

497,613 ballots counted.

Reinstatement of Industrial Disability Retirement Benefit for Police Officers
— undefined

REINSTATEMENT OF INDUSTRIAL DISABILITY RETIREMENT BENEFIT FOR POLICE OFFICERS. Shall the San Diego Municipal Code be amended to reinstate an industrial disability retirement benefit for members of the San Diego Police Officers Association who suffer a violent attack at work resulting in great bodily harm, with the benefit provided when a resulting mental or nervous disorder renders the member incapable of performing normal and customary duties?

What is this proposal?

Measure Details — Official information about this measure

Summary

Office of The City Attorney, City of San Diego

OFFICIAL TITLE AND SUMMARY

BALLOT TITLE

Amendments to the San Diego Municipal Code to Reinstate an Industrial Disability Retirement Benefit for Members of the San Diego Police Officers Association Who Suffer Certain Violent Attacks at Work Resulting in Great Bodily Harm.

BALLOT SUMMARY

This measure would amend the San Diego City Municipal Code to reinstate an industrial disability retirement benefit in the City’s retirement system for City employees who are represented by the San Diego Police Officers Association (SDPOA) and who suffer a violent attack at work that results in great bodily harm. The benefit would be provided when a resulting mental or nervous disorder renders the member incapable of performing his or her normal or customary duties. The benefit would be provided to members of the SDPOA who are part of the San Diego City Employees’ Retirement System.

The benefit cannot be reinstated unless it is approved by a majority vote of the City of San Diego’s voters. The ballot measure was the result of a negotiated agreement between the City and the SDPOA requiring the City to place the measure on the November 2018 Municipal Special Election ballot.

If approved, the Municipal Code amendments would become effective after the City Council adopts a resolution certifying the results of the November 2018 election.

Impartial analysis / Proposal

Office of The City Attorney, City of San Diego

CITY ATTORNEY’S IMPARTIAL ANALYSIS

This measure would amend the San Diego Municipal Code (Municipal Code) regarding industrial disability retirement benefits for members of the San Diego City Employees’ Retirement System (Retirement System) who are represented by the San Diego Police Officers Association (SDPOA).

A member of the Retirement System who was employed by the City on July 1, 2000, and who suffered a violent attack at work that occurred before July 1, 2010, is eligible for an industrial disability retirement benefit if a resulting mental or nervous disorder rendered the member incapable of performing his or her normal and customary duties.

The industrial disability retirement benefit has not been provided in the Municipal Code for any SDPOA member who suffered a violent attack at work that occurred after July 1, 2010.

This measure would reinstate the benefit for members of the SDPOA who are part of the Retirement System. The reinstated benefit would cover those violent acts that occur on or after the date this measure takes effect, and for which a resulting mental or nervous disorder renders the member incapable of performing his or her normal and customary duties.

San Diego City Charter (Charter) section 143.1(a) requires a vote of the City’s electors to reinstate this industrial disability retirement benefit. The Charter requires the vote because the reinstatement would increase the benefits of employees under the Retirement System.

The City of San Diego (City) agreed, in a Memorandum of Understanding between the City and the SDPOA, to take steps to reinstate the disability retirement benefit. The City Council then voted to place this measure on the ballot.

Charter section 143.1(b) also obligates the Retirement System to prepare an actuarial study of the cost of the proposed benefits increase. A summary of the actuarial study is to be published in the ballot pamphlet.

If approved by voters, the measure would become effective after the City Council adopts a resolution certifying the results of the November 2018 Municipal Special Election.

Financial effect

Office of The City Attorney, City of San Diego

FISCAL IMPACT ANALYSIS

It is difficult to confidently predict costs to the City related to the reinstatement of the Police Officers’ disability retirement benefit contained in this measure (a disability benefit for a nervous or mental disorder resulting from a violent attack, while in the performance of job duties, that causes great bodily injury).

The City’s pension system acquired an actuarial analysis of potential costs related to this benefit, which was based on historical workers compensation claims. The actuarial analysis estimates a City cost that would be in the range of $0 to $200,000 per year, with the earlier years being on the low end of the range. When this benefit existed for 10 years from fiscal years 2000 to 2010, pension system records indicate that there were no approved claims under this provision.

As stated previously, such costs are not easily predictable. The actuarial analysis excludes pension costs or savings that may occur due to Police Officers’ behavioral changes (e.g., higher rates of disability, lower rates of termination, or changes in average retirement age). The analysis also excludes any savings or costs that may occur in other City benefit programs (e.g., retiree healthcare) as a result of implementing this benefit or the behavioral changes it may cause.

Published Arguments — Arguments for and against the ballot measure

Arguments FOR

ARGUMENT IN FAVOR OF MEASURE N

Vote for Measure N and support our San Diego Police Officers

Every day, the men and women of the San Diego Police Department place themselves in harm’s way to protect our community. They put their lives on the line to help San Diegans in their times of greatest need, so it is critical to be there for them when they need us.

Measure N will provide financial security for all police officers who are disabled by violent attacks while serving in the line of duty. This will give officers the comfort of knowing their family will be secure in the event they are no longer able to work.

Measure N will provide a disability retirement benefit for police officers who suffer permanent mental trauma due to a violent attack that causes great bodily harm to the officer.

For a police officer to be eligible, all the following requirements must be met:

  • The officer must be a victim of a violent attack involving the use of deadly force
  • The officer must be performing his or her duties as a police officer
  • The attack causes great bodily harm
  • The attack causes the officer to suffer mental trauma
  • A board of experts determines that the officer has become psychologically or mentally incapable of performing his or her duties as a result of the attack.

As a result of these stringent requirements, Measure N applies only in rare instances with minimal impact on our city finances.

A yes vote on Measure N today will ensure that heroes disabled while protecting our neighborhoods are provided the support they deserve.

Vote Yes on Measure N!

Kevin Faulconer
Mayor, City of San Diego

Toni G. Atkins 
State Senator

Juan Vargas
Member, US House of Representatives

Jack Schaeffer
President, SDPOA

Chris Cate
City Councilmember

— San Diego County Registrar of Voters

Arguments AGAINST

ARGUMENT AGAINST MEASURE N

No argument against Measure N was filed with the City Clerk’s Office.

— San Diego County Registrar of Voters

Read the proposed legislation

Proposed legislation

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The text of this measure was entered into Voter's Edge on 10/13/2018 by a League of Women Voters volunteer, using a PDF version of this sample ballot prepared by the San Diego County Registrar of Voters: http://www2.sdcounty.ca.gov/rov/Sample_Ballots/Eng/SB-ENG-400.pdf 

To find your own sample ballot version, containing all the candidates and measures on your own ballot, please use the ROV's sample ballot look-up tool at https://www2.sdcounty.ca.gov/rov/Eng/ballot.asp .

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FULL TEXT OF MEASURE N

BE IT ORDAINED, by the People of the City of San Diego, as follows:

Chapter 2, Article 4, Division 5 of the San Diego Municipal Code is amended by amending section 24.0501 as follows:

Article 4: City Employees’ Retirement System

Division 5: Disability Retirements

§24.0501 Industrial Disability—Safety and General Members

(a) Any Member who joined the System on or before September 3, 1982, is eligible for an industrial disability retirement allowance, regardless of his or her age or years of Service Credit, if:
(1) the Member is permanently incapacitated from the performance of duty,
(2) the Member’s incapacity is the result of injury or disease arising out of or in the course of his or her City employment, and
(3) the Member’s incapacity renders his or her retirement necessary.

(b) Any Member who enrolled in the System after September 3, 1982 will receive an industrial disability retirement allowance, regardless of his or her age or years of Service Credit, if:
(1) the Member is permanently incapacitated from the performance of duty,
(2) the Member’s incapacity is the result of injury or disease arising out of or in the course of his or her City employment,
(3) the Member’s incapacity renders his or her retirement necessary, and
(4) the Member’s incapacity did not arise from:
(A) a preexisting medical condition, or
(B) a nervous or mental disorder

(c) For purposes of section 24.0501, a preexisting medical condition is a condition that occurred or existed before the Member joined the System. Any medical condition that occurs during a mandatory waiting period before the Member is eligible to join the System is not a preexisting condition.

(d) Despite section 24.0501(b)(4), a Member who is employed by the City as of July 1, 2000 is eligible for an industrial disability retirement if all of the following conditions are met:
(1) the Member is a victim of a violent attack involving the use of deadly force,
(2) the attack occurs after June 30, 2000,
(3) the attack occurs before July 1, 2010, if the Member is in the Police Officers’ Association bargaining unit, or before July 1, 2005, for all other Members within the applicable time period set forth in section 24.0501(e),
(4) the attack occurs while the Member is performing his or her duties as a City employee,
(5) the attack causes the Member great bodily harm,
(6) the attack causes the Member to suffer a nervous or mental disorder, and
(7) the Board determines, based upon the medical evidence, that the Member has become psychologically or mentally incapable of performing his or her normal and customary duties, as a result of the attack.

(e) To receive an industrial disability retirement under section 24.0501(d), the attack must occur:
(1) before July 1, 2005, if the Member is not represented by the Police Officers’ Association, or
(2) either before July 1, 2010, or on or after _______________________, 2018, if the Member is represented by the Police Officers’ Association.

The City Clerk is instructed to insert the effective date of this Ordinance, once known, in the blank space provided in San Diego Municipal Code section 24.0501(e)(2).

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