Update: Late appeal filed to block retirement changes
7:40 PM Fri, Sep 26, 2008 | Permalink
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The largest state employees union has made a last-second bid to block a new state law that reduces retirement benefits for state employees who retire after Sept. 30. Council 94, the American Federation of State, County and Municipal Employees, filed a motion for a temporary restraining order this morning. At this time, there is some disagreement over the status of the motion. According to the governor's office, Superior Court Judge William C. Clifton rejected Council 94's motion this afternoon, following a hearing with attorneys representing the governor and the union, which represents roughly one-third of the state's unionized work force. But Council 94 spokesman James Cenerini disputed the governor's interpretation of the day's events. "My attorney was very clear that the judge stated that he was not granting the motion, he was not denying the motion and he was not ruling on the motion," Cenerini said, noting that union attorneys would pursue the issue Monday morning in Providence Superior Court. Governor Carcieri, in a statement, said he was pleased with the judge's "decision to deny the temporary restraining order," which he said "upholds the state's ability to proceed with the implementation of the changes to the public employees' retirement health care benefits. The change was one measure recommended by me, and passed by General Assembly, in response to the state's fiscal crisis." When notified of the union's interpretation of the ruling, Carcieri spokeswoman Amy Kempe stood behind the governor's statement. The governor's chief legal counsel Kiernan King "did believe the temporary restraining order was denied," Kempe said. "He was in the judge's chambers. He was there." Judiciary spokesman Craig Berke said this evening that he was trying to confirm the details of the court ruling, but that he had yet to reach Judge Clifton, who had heard the case. The General Assembly earlier in the year changed state law to reduce retiree health-care benefits for all state employees who retire after Sept. 30. Since the change became law in May, a total of 1,134 people have either retired or submitted paperwork initiating the retirement process, according to the state treasurer's office. 
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This court decision on the reform and reduction of State employees retirement benefits is one of many very necessary steps in the correct direction. Thank you Judge.
The Reform Governor Don Carcieri and the General Assembly Leadership had identified this key first step along the way to a total reform of the size and cost of government in the state of RI. Yes, To meet the very critical additional savings necessary the total reform of remaining state employees compensation including; salary, benefits and pension must next be implemented quickly.
The tax payers monies recovered from the legacy liberal largeness of over paying beyond regional market rates can then be applied to the critical needs of RI. Those needs include social programs responsibilities and public work projects. Finally supplement local education programs needs etc.
Again thank you Judge for your rapid and reasonable decision in the long struggle to undo generations of fiscal largeness.
Bill Horan
Middletown, RI
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Strange Mr. Horan now supports the very judical system and separation of branches he was attacking when it upheld the law for council 94 vs. King Don regarding healthcare for active employees. I do not thin Mr. Horan will enjoy his next trip to any State Dept. that has lost quality employees due to being forced to leave or lose their benefits. RI will suffer from this.
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This sounds like another gubernatorial misinterpretation of legal issues that this governor and his staff having a tendency to read and hear only what they want to hear. I guess again, taxpayers and state employees will have to wait to Monday to find out exactly what was determined during this meeting by projo writers who work for far less salary that the governors legal staff. Stay tuned.
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