When Progressives Overrule Voters

California annuls an initiative that reformed public pensions.

A long time ago, in a political galaxy far, far away, California’s progressive reformers created the citizen’s initiative allowing voters to bypass entrenched government interests. Now public unions allied with the state’s progressive government are trying to block or annul voter initiatives that reform government.

Last week the California Public Employment Relations Board nullified San Diego’s 2012 ballot referendum that replaced defined-benefit pensions with 401(k)-style retirement plans for new workers. Former Mayor Jerry Sanders and other city officials campaigned for the initiative, which was sponsored by private citizens and approved by two-thirds of voters.

Lo, the Public Employment Relations Board, which reviews unfair labor practice charges by government workers, ruled that the city had “breached its duty to meet and confer in good faith” (i.e., collectively bargain) with its unions. The board says the mayor was required to negotiate pension changes since his actions supporting the measure “were motivated at least in part by a purpose to serve the City.”

In other words, because the referendum’s supporters were civic-minded, their civic-minded reform had to be approved by unions, not voters. Thus lawmakers have no right to lobby voters for reforms that cross government unions. But unions are free to petition voters to, say, raise taxes. If the board’s ruling holds, the initiative process would essentially be gutted for challenging any union-negotiated power. Hiram Johnson, the progressive who led the fight for the initiative process in California a century ago, wouldn’t recognize today’s anti-reform progressives.

The board also rebuked the mayor and city officials for exercising their First Amendment rights. “The First Amendment free speech right cannot be exercised for the purpose of violating” state collective-bargaining laws, the board opined. That’s certainly a novel reading of the right to free political speech.

The board ordered the city to rescind the voter-approved pension reforms, restore the status quo before reform, and pay workers 7% interest to compensate for benefits that were reduced by the initiative. City Attorney Jan Goldsmith intends to petition the city council to appeal the board’s ruling in state court. As Mr. Goldsmith notes, “the law does not give labor unions the power to negotiate the terms of a citizens’ initiative.”

The initiative process is a last resort for reformers trying to challenge the public union monopoly that is bankrupting local governments. If unions can’t win the battle for public opinion, they’ll use government power to muzzle opponents and overturn the will of the people.

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