Mark Cabaniss is an attorney from Kelseyville, CA. He has worked as a prosecutor and public defender. In September he penned two articles for CalWatchDog:
Yes, we can break public-employee pensions
Sept. 20, 2012
Even if politicians’ pensions are contracts protected by the Constitution, they are still breakable. In pretending otherwise, the politicians are lying. In other words, merely noting that pensions are contracts protected by the Constitution is not the end of analysis, but only the beginning, for all contracts are breakable, and all constitutional rights are subject to limits.
Breaking public-employee pensions: The political path
Sept. 27, 2012
The most important of the contract law doctrines that could be used to get out from under current pensions is the doctrine of mistake. According to that doctrine, the current pensions were granted while relying on mistaken assumptions, specifically, unrealistic projected future pension fund investment returns which have turned out to be too high.
The second contract law doctrine which might be used to get out of onerous pensions is that the money simply isn’t there to pay excessive pensions (the current highest in California is, ha-ha, $302,492 per year). The legal arguments, as well as the political arguments, are the strongest for reforming the very highest pensions, those in excess of $100,000 per year.
Chris Reed, Publisher of CalWhine.com, Editorial Writer with San Diego Union Tribune, and contributor to CalWatchDog.com, recently penned two articles concerning CA’s Teacher’s Unions and their power in Sacramento.
The sad reason Steinberg’s right about significance of his education bill
Sept. 28, 2012
Here’s a one-paragraph version that should be the basis of what journos call the “nut graph” of most stories about state spending and state priorities:
“The members of the most powerful political force in state politics, the California Teachers Association and the California Federation of Teachers, get far more money from taxpayers than any other single group. The teacher unions’ power derives from the automatic dues deducted from teachers’ paychecks, meaning taxpayers directly fund the lobbying and political operations of Sacramento’s most influential entity.”
Ben Boychuk has a piece recently published in the NY Post:
Jerry Brown’s tax-hike hail mary
“…Brown might just find a way to hike taxes without Prop. 30, if Democrats can pick up those four legislative seats in November. Earlier this month, he told the editors of The San Francisco Chronicle that if Prop. 30 loses, ‘we’re not going to go out to the people again. Because we’ve tried it.'”
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