Her assessment, which offers legal guidance but is not binding like rulings from the courts, warns that the city would likely face a protracted legal battle should it move forward with its plans. However, the source of that litigation remains unseen.
For now, the proposed ballot measure and declaration of emergency have been put on hold, pending progress made at the negotiating table.
From the San Jose Mercury News:
San Jose Mayor Chuck Reed’s proposal to declare a fiscal state of emergency and seek a ballot measure to trim employee pensions raises “serious” legal concerns, the office of California Attorney General Kamala Harris says.
The attorney general’s assessment was in a preliminary response to a joint letter last month questioning Reed’s proposal by state Assemblymen Paul Fong, D-Mountain View; Luis Alejo, D-Salinas; Richard Gordon, D-Los Altos; and Bob Wieckowski, D-Fremont.
“All levels of government are facing significant budget challenges,” Harris’ senior counsel, Michael Troncoso, wrote to the lawmakers this week. “Financial problems faced by government must be resolved lawfully. To do otherwise would be irresponsible.”
Read the full article here.