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CALIFORNIA ELECTIONS : PROPOSITION 162 : Boards Seek Authority Over Pension Funds

“This is one of the most obscure issues the California voter has ever been asked to decide.”

That was how Fred Main, vice president and general counsel for the California Chamber of Commerce, described Proposition 162 on the Nov. 3 ballot, a measure that would give governing boards of public employees retirement systems more authority and independence.

Obscure though the initiative may be, supporters say it is needed to protect the $70-billion Public Employees Retirement System (PERS) fund and other public employee pension funds from political “raids.”

They cite the deal that allowed Gov. Pete Wilson and the Legislature to use $1.9 billion in supplemental pension funds to balance the 1991-92 state budget and also to Wilson’s attempt last year to place more gubernatorial appointees on the PERS governing board.

However, opponents argue that the measure does little to prevent raids but instead makes pension fund governing boards more autonomous and less accountable to the Legislature and other elected bodies.

Proposition 162 would change the state Constitution to:

* Give the governing board of a public employee pension fund “sole and exclusive authority” over investment decisions and management of the system.

* Require governing boards to place more emphasis on providing benefits to the system’s participants and less on the costs to taxpayers. The state, using taxpayer funds, makes an annual contribution to PERS.

* Allow the PERS board to hire its own actuaries–experts who calculate the contributions needed to keep the fund sound–instead of using those named by the governor, as state law requires.

* Maintain the present composition of PERS and other public pension fund governing boards.

The measure is supported by the California State Employees Assn., the state School Employees Assn. and other public employee unions. It is opposed by the California Taxpayers Assn., the state Chamber of Commerce and the League of California Cities.

Backers of the initiative raised $1.6 million by Sept. 30, Common Cause reported, while there is no organized financial effort in opposition.

Although there are more than 100 public employee pension systems in the state, most attention is focused on PERS because of last year’s budget maneuvering.

Jeff Raimundo, communications director for Californians for Pension Protection, said giving governing boards sole authority to manage the funds would “keep it away from the Legislature, keep their hands out of the cookie jar.”

Raimundo acknowledged that future governors, Legislatures and PERS governing boards still could reach agreements similar to last year’s $1.9-billion deal but said the Legislature “won’t be able to grab these funds unilaterally. They’ll have to negotiate with the governing board whether this use of the money is in the best interests of the trust fund.”

Ron Roach of the California Taxpayers Assn. said the change would “create a lack of accountability and give public employee pension boards–which often are dominated by public employee unions–control over the amount of taxpayer contributions, which are in fact taxpayer dollars.”

Wilma Krebs, a retired economics professor and a supporter of the initiative, said restoring the PERS board’s right to name its actuaries was important because “if the governor makes the appointment, we feel that spells political control.”

The actuaries study the pension system’s assets and liabilities each year and determine what the state contribution to the fund should be.

Wilson was given the authority, subject to approval by the Legislature, to name the PERS actuaries in legislation passed last year. Wilson’s nominees were approved by the Senate but rejected by the Assembly, and the pension system has continued to use its own actuaries.

“Over time, there could be a big cost to taxpayers” if PERS names the actuaries, Roach said. “The fund is so large that a change in the estimate (of state contributions) by one-half of 1% could mean hundreds of millions of dollars.”

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U.S. judge: Trump lacks authority to send National Guard troops to D.C.

Nov. 20 (UPI) — A federal judge ruled Thursday that President Donald Trump‘s deployment of 2,000 National Guard soldiers to Washington was illegal, saying the president lacks the authority to dispatch troops “for the deterrence of crime.”

U.S. District Judge Jia Cobb said that while Trump is the commander in chief, federal laws constrain his power to federalize and deploy those troops, particularly in Washington, which Congress controls.

“The Court rejects the Defendant’s fly-by assertion of constitutional power, finding that such a broad reading of the President’s Article II authority would erase Congress’ role in governing the District and its National Guard,” Cobb wrote in her 61-page ruling.

Cobb also said that Trump also lacked authority to deploy out-of-state National Guard troops to Washington to assist in law enforcement.

Cobb’s ruling will not take effect until Dec. 11, giving the Trump administration time to appeal. The Supreme Court is on the verge of issuing its own ruling on the deployment of National Guard troops to Chicago. Federal appeals courts are also considering National Guard troop deployments to Portland, Ore., and Los Angeles.

Trump has justified his troop deployments by claiming, without evidence, that large-scale violence and chaos demands the presence of national troops to protect federal functions. State and local leaders, as well as municipal law enforcement officers, have said they don’t need federal help to protect their cities.

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US flights to return to normal after aviation authority lifts restrictions | Aviation News

BREAKING,

Federal Aviation Administration says airlines can resume normal schedules from Monday.

Flights in the United States are set to return to normal after the country’s aviation authority announced an end to restrictions introduced during the government shutdown.

Airlines will be able to return to their normal schedules from 6am Eastern Time (11:00 GMT) on Monday after the lifting of an emergency order reducing the number of flights, the Federal Aviation Administration (FAA) said in a statement on Sunday.

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The FAA ordered reductions in flights at 40 major airports during the shutdown to ensure safety amid reports of air traffic controllers exhibiting fatigue and refusing to turn up for work.

The restrictions resulted in the cancellations of thousands of flights and delays to countless more.

US President Donald Trump on Wednesday signed a bill to resume government funding and end the shutdown, bringing to an end a six-week standoff between Republicans and Democrats.

FAA Administrator Bryan Bedford said the lifting of the order reflected a “steady decline in staffing concerns.”

Staffing triggers, which refer to instances where the number of available air traffic controllers falls below safe levels, dropped from 81 on November 8 to six on Friday, eight on Saturday and just one on Sunday, according to the aviation authority.

Under the restrictions, airlines were ordered to reduce flights by 4 percent by November 7 and 6 percent by November 10.

Officials on Friday scaled back the restrictions to 3 percent, pointing to improving staffing levels following the end of the government shutdown.

In its statement on Sunday, the FAA said it was also “reviewing and assessing enforcement options” amid reports of airlines not complying with the emergency order in recent days.

Just 149 flights were cancelled on Sunday, according to flight tracking website FlightAware, well below the 3 percent cut mandated by the FAA.

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Judge to hear arguments questioning interim U.S. attorney’s authority in Comey, James cases

Letitia James, attorney general of New York, attends the National Night Out in Brooklyn on August 5. She has been accused of bank fraud but says the charges were brought against her improperly. File Photo by Derek French/UPI | License Photo

Nov. 13 (UPI) — A federal judge was set to hear arguments Thursday that interim U.S. Attorney Lindsey Halligan was improperly in her role when she brought charges against former FBI Director James Comey and New York Attorney General Letitia James.

Attorneys for Comey and James are attending a rare joint hearing to put their case before U.S. District Judge Cameron Currie in Virginia. Currie traveled to Virginia from her normal jurisdiction, the District of South Carolina, to hear the case to avoid a potential conflict of interest, NBC News reported.

The attorneys have argued that Halligan, a former personal attorney for President Donald Trump, is improperly in her position as interim U.S. attorney for the Eastern District of Virginia.

Trump handpicked her to replace Erik Siebert, whom the president ousted in September after he refused to bring charges against people considered political opponents of his. Siebert had also served in the U.S. attorney position on an interim basis since May.

Within days of being named interim U.S. attorney, Halligan brought charges against Comey on obstruction charges related to the Russian collusion investigation and, separately, against James on charges she committed bank fraud related to a property she purchased in 2023.

Under federal law, U.S. attorney posts may be served on an interim basis for only 120 days without a Senate confirmation.

James and Comey’s attorneys said that 120 days had already passed under Siebert’s leadership by the time Halligan was named to the post in September. Additionally, they argue that 120-day timer does not reset when a new interim U.S. attorney is named, CNN reported.

Currie’s ruling on the matter could upend the Justice Department’s cases against James and Comey. Comey’s lawyers additionally said Halligan didn’t have the ability to bring charges against him because a five-year statute of limitations had passed.

Both James and Comey have pleaded not guilty to the charges brought against them.

President Donald Trump speaks to members of the media during a swearing in ceremony for Sergio Gor, the new U.S. Ambassador to India, in the Oval Office of the White House on Monday. Photo by Craig Hudson/UPI | License Photo

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LAPD report says confusion hampered Palisades Fire response

The Los Angeles Police Department has released a report that identifies several shortcomings in its response to the devastating Palisades fire, including communication breakdowns, inconsistent record-keeping and poor coordination at times with other agencies — most notably the city’s Fire Department.

The after-action report called the January blaze a “once in a lifetime cataclysmic event” and praised the heroic actions of many officers, but said the LAPD’s missteps presented a “valuable learning opportunity” with more climate-related disasters likely looming in the future.

LAPD leaders released the 92-page report and presented the findings to the Police Commission at the civilian oversight panel’s public meeting Tuesday.

The report found that while the Fire Department was the lead agency, coordination with the LAPD was “poor” on Jan. 7, the first day of the fire. Though personnel from both agencies were working out of the same command post, they failed to “collectively establish a unified command structure or identify shared objectives, missions, or strategies,” the report said.

Uncertainty about who was in charge was another persistent issue, with more confusion sown by National Guard troops that were deployed to the area. Department leaders were given no clear guidelines on what the guard’s role would be when they arrived, the report said.

The mix-ups were the result of responding to a wildfire of unprecedented scale, officials said. At times the flames were advancing at 300 yards a minute, LAPD assistant chief Michael Rimkunas told the commission.

“Hopefully we don’t have to experience another natural disaster, but you never know,” Rimkunas said, adding that the endeavor was “one of the largest and most complex traffic control operations in its history.”

Between Jan. 11 and Jan. 16, when the LAPD’s operation was at its peak, more than 700 officers a day were assigned to the fire, the report said.

The report found that officials failed to maintain a chronological log about the comings and goings of LAPD personnel at the fire zone.

“While it is understandable that the life-threatening situation at hand took precedence over the completion of administrative documentation,” the report said, “confusion at the command post about how many officers were in the field “resulted in diminished situational awareness.”

After the fire first erupted, the department received more than 160 calls for assistance, many of them for elderly or disabled residents who were stuck in their homes — though the report noted that the disruption of cell service contributed to widespread confusion.

The communication challenges continued throughout the day, the report found.

Encroaching flames forced authorities to move their command post several times. An initial staging area, which was in the path of the evacuation route and the fire, was consumed within 30 minutes, authorities said.

But because of communication breakdowns caused by downed radio and cellphone towers, dispatchers sometimes had trouble reaching officers in the field and police were forced to “hand deliver” important paper documents from a command post to its staging area on Zuma Beach, about 20 miles away.

Several commissioners asked about reports of journalists being turned away from fire zones in the weeks that followed the fire’s outbreak.

Assistant Chief Dominic Choi said there was some trepidation about whether to allow journalists into the fire-ravaged area while authorities were still continuing their search for bodies of fire victims.

Commissioner Rasha Gerges Shields said that while she had some concerns about the LAPD’s performance, overall she was impressed and suggested that officers should be commended for their courage. The department has said that dozens of officers lost their homes to the fires.

The report also recommended that the department issue masks and personal protective equipment after there was a shortage for officers on the front lines throughout the first days of the blaze.

The Palisades fire was one of the costliest and most destructive disasters in city history, engulfing nearly 23,000 acres, leveling more than 6,000 structures and killing 12 people. More than 60,000 people were evacuated. The deaths of five people within L.A. city limits remain under investigation by the LAPD’s Major Crimes Division and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The LAPD reports details how at 11:15 a.m., about 45 minutes after the first 911 calls, the call was made to issue a citywide tactical alert, the report said. The department stayed in a heightened state of alert for 29 days, allowing it to draw resources from other parts of the city, but also meaning that certain calls would not receive a timely police response.

As the flames began to engulf a nearby hillside, more officers began responding to the area, including a contingent that had been providing security at a visit by President Trump.

Initially, LAPD officers operated in largely a rescue- and traffic-control role. But as the fire wore on, police began to conduct crime suppression sweeps in the evacuation zones where opportunistic burglars were breaking into homes they knew were empty.

In all, 90 crimes were reported in the fire zone, including four crimes against people, a robbery and three aggravated assaults, 46 property crimes, and 40 other cases, ranging from a weapons violation to identity theft. The department made 19 arrests.

The new report comes weeks after the city of Los Angeles put out its own assessment of the fire response — and on the heels of federal prosecutors arresting and charging a 29-year-old Uber driver with intentionally setting a fire Jan. 1 that later grew into the Palisades fire.

The LAPD’s Major Crimes and Robbery-Homicide units also worked with the ATF to investigate the fire’s cause.

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