Mayor Chuck Reed’s efforts to curb city employee retirement benefits will be his legacy, and despite some reservations with his clumsy bedside manner as well as Measure B’s wording on disability qualifiers for public safety officials, the “pension modification” measure should be approved by voters. Measure B is the best bet to start restoring vital city services that have been cut.

What if someone held an election and one side didn’t show up? Well, that is happening in the ill-advised pension reform campaign called Measure B. While proponents are raising money to pay for the Mayor’s under-employed—yet now overpaid—political consultant, organized opposition to the measure has evaporated. The reason is simple and economical.

Internal polling numbers show Measure B passing in next month’s election with more than 60 percent of the vote, according to sources at City Hall. For that reason, it seems that unions and labor-oriented Political Action Committees (PAC) plan to fight the “pension modification” measure after it passes in court. But on the flip side, the committee “San Jose Fiscal Reforms, Mayor Reed, Chamber PAC and IMPAC Proponents” shot out of the fundraising gates in the first three months of the year, hauling in more than $200,000 in contributions—$202,275 to be exact.

Less than a month until the June 5 primary, labor unions fired off several accusations Tuesday that Councilmember Rose Herrera lied to voters during her 2008 campaign and may have even committed perjury in the mid-1990s. Herrera responded by calling the unions “bullies” using “misrepresentations and lies.”

The now “famous” deadlocked 5-to-5 vote last week, regarding whether or not to move forward with a second-tier retirement system for new employees, was fascinating to watch but extremely disappointing in the end. I believe it was a lost opportunity for labor to not embrace a second tier. If the unions would have embraced a second tier, it would have taken pressure off if the first tier, but that opportunity is now gone. 

The “victory” claimed by certain union members by suing the city over the word “reform”—as in “pension reform,” known as Measure B for the June ballot measure—may have actually jeopardized a future tax increase to fund their own jobs. The removal of the wording, “essential city services including neighborhood police patrols, fire stations, libraries, community centers, streets and parks,” was included in the ruling and cannot be used as a way for the city to lure residents into supporting higher taxation.

The much anticipated San Jose Rotary Club debate between Councilmembers Pete Constant and Ash Kalra did not disappoint. Both Constant and Kalra were spirited advocates for their positions: Constant defending Measure B, the pension “modification” measure; Kalra, a lawyer, presenting the views in opposition. By the end of the debate, to the disappointment of many, it was Kalra who gained the most.

The Sixth District Appeals Court sided in favor of labor unions Tuesday, ruling that Measure B must change the term “pension reform” to “pension modification,” and also alter the way the ballot question is worded. Unless the city appeals the ruling to the California Supreme Court, the ballot measure is set to go before voters June 5.

It appears Ballot Measure B is ready to go to voters. Superior Court judges granted small victories to both the city of San Jose and labor when clarifying what language should be used.