Legal challenge would derail latest pension plan

Concerned Taxpayers of Duval County to make case for injunction Friday morning

JACKSONVILLE, Fla. – The latest bill that would reform the city's Police and Fire Pension Fund that is scheduled for a vote at Tuesday night's City Council meeting and is already facing a legal challenge.

Concerned Taxpayers of Duval County has asked the same judge who ruled the current pension plan illegal earlier this year to block the implementation of the new agreement. Circuit Judge Thomas Beverly has set a 9:30 a.m. Friday hearing on the motion.

In March, Beverly voided the current agreement because it was negotiated between the city and the pension fund. She ruled that public service pensions are to be negotiated in collective bargaining agreements with unions.

"It's not just frustrating, I think it's bizarre," said John Winkler of Concerned Taxpayers. "I don't understand why in the face of judicial action declares that everything you've been doing for the last 25 years has been contrary to the law, you go ahead and attempt to reinstate that one more time."

Winkler said the deal pending Council approval violates the judge's previous ruling. He also said state law limits such agreements to three years.

The pending agreement, proposed by Councilman Bill Gulliford and which has already passed by two council committees, is a seven-year deal. A previous deal proposed by Mayor Alvin Brown and supported by the pension fund board called for a 10-year term was defeated by City Council.

"I think it's just a knee-jerk reaction to try and stop it," Gulliford said of the legal challenge. "We will see. That's not going to stop me from continuing to push this thing. It's too doggone important."

Gulliford's proposal involves both the city and Police and Fire Pension Fund putting in millions of dollars to sustain it temporarily while the city searches for a permanent funding source. He said that the city's growing commitment to address on the $1.7 billion deficit is what makes passage of the bill urgent.

Winkler feels Gulliford city leaders are trying to speed this bill up before they leave office.

"Absolutely, they're trying to rush this through," Winkler said. "What I think they're trying to accomplish is not in the best interest of the taxpayers, and I also think it's against the law."

"I just do what I think is best for the community. I'm going to do whatever I have to to get it done, and what else happens, I have no control over it," Gulliford said.

Gulliford said he won't use the word optimistic, but he is hopeful that this pension reform bill will be the one that gets enough votes to pass the City Council.Â