January 23, 2014
Mattos, Editor and Publisher
Leroy Pyle, Webmaster
The Farsider is an independent publication that is not
affiliated with the San Jose Police Benevolent
Assn. The SJPBA has allowed the Farsider to be included on its web site solely
for the convenience
of the retired San Jose Police community. The content of this newsletter does
not represent or reflect
the views of the San Jose Police Benevolent Association's Board of Directors or
Dan Katz sent
in a link to this article about pensions that appeared on yesterday's Huffington
Post website. The author is involved in the San Jose litigation discussed in the
article. Warning: Try to avoid looking at the headline. Seeing "San Jose" and
"Detroit" in the same sentence gave us heartburn
Municipalities Should Look to San Jose, Not Detroit, For a Lesson in Pensions
By Teague Paterson Partner, Beeson, Tayor &
Huffington Post Jan. 22,
Rhodes's recent ruling in Detroit led many to believe that it is open season on
worker pensions. The national media declared that local governments had new
legal precedent to start cutting modest benefits for teachers, firefighters,
police officers and thousands of other public employees.
This is exactly
the wrong lesson to take away from Detroit. A better case study for
municipalities looking to cut retirement benefits is the City of San Jose, where
Judge Patricia Lucas recently ruled that modest retirement benefits are a
contract with employees, and therefore protected by the state constitution.
Detroit faced unique circumstances that led to an extraordinarily rare outcome:
a municipal bankruptcy. The city lost a staggering 1.25 million people since its
peak in the 1950's, leading to a massive loss in revenue from income and
property taxes. Bad actors on Wall Street exacerbated the problem. Not only did
the crash of 2008 throw huge numbers of Detroit residents out of work, reduce
the value of pension plan assets, and increase the number of retirees receiving
pensions, but Wall Street aggressively engaged the city in dangerous swap deals
that left Detroit further in debt.
Judge Rhodes ruled that pensions could be cut because, in this situation,
federal bankruptcy law trumped the pension protections enshrined in Michigan's
constitution. The consequences have been dire. While Wall Street reaped record
profits in 2013, if the ruling stands, Detroit's retirees could be left with
only 16 cents for every dollar they earned towards pensions.
Wall Street may consider pensions an "investment," but for workers, these
pensions -- averaging a modest $19,000 a year -- are a form of compensation
earned through hard work, promised through contracts, and deferred until
retirement. It is a source of income they never imagined was at risk. It is
precisely for this reason that the vast majority of states protect worker
These constitutional protections were on display in San Jose, a city that did
not face a municipal bankruptcy -- but rather has maintained an impeccable bond
rating despite a budget crunch caused by non-pension debt, corporate tax
subsidies, antiquated revenue collection, and the Great Recession. Mayor Chuck
Reed pushed a legally dubious "Measure B" which would have cut the pensions of
city employees who couldn't contribute a whopping additional 16 percent of their
salary toward retirement. Judge Patricia Lucas rejected the initiative,
tentatively declaring that as part of employee contracts, retirement benefits
are protected by the state constitution and therefore, the whims of politicians.
Since bankruptcy was not an issue in the San Jose case, the circumstances under
which Judge Rhodes authorized gutting pensions in Detroit simply did not apply.
Despite the national attention surrounding Detroit, municipal bankruptcy is
still very rare. According to a Governing analysis, only 13 local governments
have filed for bankruptcy since 2008. Five of those filings have been dismissed.
To put it in context, there are more than 20,000 local governments located in
states that permit cities and counties to file for Chapter 9 Bankruptcy
From Chicago, to Jacksonville, to Baltimore, workers in a myriad of cities are
facing attacks on their retirement security, with city governments trying to
force a switch from pension plans to unreliable retirement schemes. This shift
has the effect of robbing teachers, police officers, firefighters, and city
workers of their economic security, and puts entire communities at risk.
Legally questionable and heavy-handed "reforms" end up costing city residents
dearly. They pay not only in legal fees, but in foreclosed homes when seniors
can't afford their mortgages, in depressed spending at local businesses, in an
inability to attract new and talented workers, and in growing economic
inequality as the city's middle class falls further behind.
Protections in state constitutions prevent politicians from robbing public
servants of the retirement benefits that they have worked for and contributed
toward their entire lives. Mayor Reed now understands the consequences of
skirting these requirements. Other municipalities should take note.
~ ~ ~
Teague Paterson is a partner with Beeson, Tayer &
Bodine, and is involved in the San Jose litigation discussed here. He represents
labor unions in the public and private sectors, and associated employee benefit
and retirement plans
Only one alert was sent
to members this week, and it impacted active personnel, not retirees
THE TRIALS AND
TRIBULATIONS OF SAN JOSE AND THE SJPD
We couldn't find
anything newsworthy and/or controversial this week that would qualify it for
Last Week's Poll
For the most recent Rasmussen Reports releases, click here:
We're winding down our book for the Historical Society and finally getting
into an era where guys are still around who can elaborate about their
involvement in various stuff. I have some photos that if you can ID great, but
if not, can you please post them in the Farsider? Greatly appreciate your help.
The book should be done by March if all goes well.
I am just looking for names to the faces and any information that can be
added. The one action sequence was taken by a Mercury News photographer. If
anyone has specific information that would be great.
On the Rapid Deployment Team, I am just looking for anyone who signed the
drawing. (It has JLA on it in tiny letters above the "S" in "Squad." Could
that be Jerry Albericci?)
Finally, for the helicopter at Berkeley, the coppers to the right of it are
Oakland Motor Cops, so I am hoping to ID the San Jose guys on the left if at all
John (Carr) Jr.
PS The Training Center office where the Insider was
published for the last few years before it moved to R&D was cleaned out and I
was given all the remaining stuff. It included binders of all the Insiders you
published, from the very beginning through the mid 2000s. Thank you for keeping
them. They provide an invaluable week-by-week history of the PD from the 1970s
with the photo above. I'm sure someone will write in if I am wrong, but i think
it was taken during the arrest of one of the suspects from the infamous 211 Alum
Rock Wells Fargo Bank heist in the mid 1970s where two suspects took two women
hostage and initiated a car chase in one of the victim's car where she was
forced to drive. The chase lasted so long that it ultimately involved a couple
of dozen marked and unmarked SJPD patrol cars, some San Jose motors, patrol
units from the S/O and CHP, an FBI unit and even an orange Mercury News Matador.
The chase lasted about 45 minutes and ultimately ended when the victim's Chevy
got stuck in a culvert while trying to make a U-turn on 101 between San Jose and
Morgan Hill. One armed suspect was in the front seat with the female
driver-hostage, the second armed suspect was in the backseat with the other
female victim. The guy in the back was holding a gun to the victim's head when
he was taken out with a point blank shot to the head by the late Joe Escobar.
When the suspect in the front seat got out of the car and tried to flee, the
officers in the photo above swarmed and took him down. If I am correct about the
photo, the officer on the far right is Paul Tomlinson. And the officer third
from the left with just his hair and forehead showing is me. After the subject
was cuffed, searched and stood up, Paul and I transported him to the Bureau.
Readers who can provide any information about any of the photos below are asked
to contact John Jr. using his email address above
Any info? (Is this another photo from the
Wells Fargo 211 heist?)
DUI pinch with Dexter O'Day and (is that Rhett
Berkeley helicopter photo
These are the 3 San Jose cops from the
helicopter photo above
John wants to I.D. (Looks like David Byers in the middle to me.)
Please direct all
responses to John Jr. at
JUST A FEW WEEKS
AWAY FROM THE P.B.A. VALENTINE'S DINNER DANCE
A head count is needed. Either
mail your check by Jan. 31st,
or email Lumpy or Dave and advise you will be attending.
15 6:00 to 11:00 p.m.
POA Hall, 1151 N. Fourth St.
Hosted Bar with hors d'oeuvres at 6:00 p.m.
Buffet Style Dinner served at 7:00 p.m.
Entrees: Salmon and/or Prime Rib with all the Fixings
Wine on the Tables in addition to the Hosted Bar
Dancing to follow dinner
$25 per person $50 per couple
Make checks payable to the "SJPBA" and mail to:
P.O. Box 42
San Jose, CA 95103
President Dave Wysuph at
Secretary/Treasurer Lumpy Lundberg at
MMOC CIOPPINO FEED
SCHEDULED FOR SATURDAY, MARCH 8th
OK, everyone, set Saturday,
March 8th on your calendars for the MMOC Annual Cioppino Feed. The event will
again be held at the San Jose POA Hall. We will serve a delectable bowl of
Cioppino featuring crab and loads of other seafood. Pasta, salad and bread will
also be included. For those who do not prefer Cioppino, we will be providing
chicken upon request. After dinner, we will be dancing and having a great time
until 11:00 pm.
If you are planning to stay late and wish to overnight, we have reserved a block
of rooms at a great rate of $89 + tax just down the block at the same hotel we
have stayed at over the years. However, it is now called the Wyndham Gardens
Hotel, which was formerly known as the Silicon Valley Airport Hotel/Clarionl at
1355 N. 4th Street. While they no longer offer a free breakfast, they have
provided us with a 20% discount on a full breakfast the next morning if you
mention you are with the MMOC Cioppino Feed group. The hotel also offers free
shuttle pick up and drop off at the San Jose International Norm Mineta Airport.
You will be pleasantly surprised at the recent renovations and upgrade of the
hotel, where you will enjoy a beautiful pool, nice rooms, our hospitality suite
(Room 290) and other amenities. Feel free to meet us there prior to dinner for
Call now for reservations before the cut-off date of Feb. 22nd to receive last
years rate of $89.00 + tax (regularly $149) by mentioning you are with the MMOC
Cioppino Feed for this special rate .
For more information, contact Kim Wirht at
or Rich Bailey at
ENDORSES CORTESE FOR MAYOR
We are pleased to announce the Association's endorsement of County Supervisor
Dave Cortese for Mayor of San Jose. As many of you may know, the Association has
a long positive track-record with Supervisor Cortese stemming from his service
on the San Jose City Council as a councilmember and Vice Mayor.
Make no mistake about it, the stakes for retirees in this upcoming election
couldn't be higher. Only one candidate running for mayor has proven that he can
work collaboratively with employees and retirees to reach legal, fair and
reasonable solutions to our collective challenges-Dave Cortese.
As we informed you previously, the other major candidates were key architects of
Measure B, the unlawful scheme that simultaneously attempted to take benefits
from retirees and employees, while decimating the ranks of the Police and Fire
Departments. Both departments, which we worked so hard to build as first class
organizations, have seen record numbers of retirements, resignations, and
transfers. As a result, crime as spiraled out of control, and response times to
fires and medical emergencies are dangerously slow.
To keep your expectations in line, however, you should know that Dave has shown
that he is capable of negotiating concessions from employees. As a County
Supervisor, Dave supported seeking over $250 million in concessions from County
workers. Those concessions were necessary to balance the County budget. The key
difference between Dave and the San Jose Councilmembers running against him in
this area, however, is the approach Dave and the County Board of Supervisors
took to get those concessions. Real bargaining, respect, and a sincere sharing
of ideas led the County to get the concessions they needed without the labor and
legal strife that gutted City departments and doomed employee morale.
Leadership does matter.
Dave has the experience to manage the City budget in a responsible manner and
improve public safety. Dave has an extensive business background and knows how
to create jobs and meet a payroll. Before being elected in San Jose and becoming
a County Supervisor, Dave was an elected Trustee for the East Side Union High
This election is going to be tough. Big business, political insiders and others
have already pumped hundreds of thousands of dollars into the campaign coffers
of Dave's opponents. The Association has/will be contributing to Dave's
campaign. However, if you are able to donate personally, it would go a long way
to helping Dave in the June primary. The POA and Local 230 are asking they're
members to donate $20.14 a month to help Dave win in 2014. You can make an
on-line donation here...
Every dollar contributed will help Dave get his message
out to voters in all areas of San Jose. It's time for new leadership in San
Jose. It's time for Dave Cortese.
ARE YOU ALWAYS
SAVING MONEY BY SHOPPING AT COSTCO?
Sometimes, sometimes not,
according to this link sent in by Bill Yarbrough. According to the article, it
depends on the last two digits of the marked price of the item you are looking
at. Check this out, then click on the link(s) at the bottom.
Price ending in
.99 the product is full price
COSTCO PRICES 1
Anytime you see the price ending in .99 you
know that the item is full-priced and has not
been marked down, but it still may be a
good deal, this is Costco after all.
Price ending in .97 a deal decided by the manager
COSTCO PRICES 2
A price that ends in .97 is what we are looking
for. Usually this is a special price you are not
going to find again. Once it's gone, it's gone.
These can be some great deals.
There are other
price endings that indicate a "Manufacturer's
Special" and "the goods are about to go." Click on the link below...
Here is a website that appears to confirm the information above
And a third one if you want more evidence
And finally, go back and
look at this week's Snopes update if you need additional confirmation about
THE BEST OF LATE
According to a report in the
British Journal of Psychiatry, comedians often have psychotic personality
traits. The report said these psychotic traits tend to emerge right after
theyve been fired from their job. Thats what it said. So . . . say hello to my
President Obama is getting serious about this NSA spying scandal. He told the
nation that the NSA will not be used "for the purpose of suppressing or
burdening criticism or dissent." You see, that's what the IRS is for. Thats
We are so lucky to live here in California with a huge snowstorm back east.
Actually, Governor Chris Christie is very happy about this weather. He's got
something else to blame the road closures on.
Kanye West is in trouble after allegedly assaulting an 18-year-old. You know, if
Kanye is going to beat up a teenager, couldnt it be Justin Bieber?
Olympic gold medalist Carl
Lewis says Governor Chris Christie canceled a position for him when he did
something Christie didn't like. When asked what he did, Lewis said "a sit-up."
The former president of Trader Joe's is opening a store that sells only expired
food. The new store will be known as 7-Eleven.
France's first lady is suffering from extreme fatigue after learning of her
husband's affair with an actress. I don't know why she's tired. He's the one
juggling two women.
If you're planning to drive
across the river and cross the George Washington Bridge to attend the Super
Bowl, you'd better leave now.
Earlier today Governor Chris Christie was re-inaugurated. It was a beautiful
ceremony. They even had that phony sign language guy.
When Governor Christie was sworn in, he put his right hand on a menu.
Immediately following the ceremony, Christie closed the Holland Tunnel.
We have Microsoft founder
Bill Gates on the show tonight. So I just want to take a moment to say, Put
away your iPhones."
Bill Gates said hes a little nervous about his interview, but if we run into
any trouble, Ill just unplug him, wait a few seconds, and then reboot him.
Director Ken Burns revealed that his next documentary is about Franklin
Roosevelt, and its 14 hours long. You know it's bad when your movie is so long
even Franklin Roosevelt would have stood up and walked out.
Yeah, 14 hours about President Roosevelt. Which sounds like too much until you
realize there's been over 30 hours of TV dedicated to Honey Boo Boo.
THE BACK NINE
I first started reading this
email and was going through it quite fast until I reached the third sentence.
Then I stopped and started over, reading slower and thinking about every word.
The message is profound and thought-provoking. Take small literary bites and
savor every word.
You know, time has a way of moving quickly and catching you unaware of the
passing years. It seems like it was just yesterday that I was young, just
married and embarking on my new life with my mate. Yet in a way, it also seems
like eons ago, and I wonder where all the years went. I know that I lived them
all. I have glimpses of how it was back then and of all my hopes and dreams.
But, here it is: The back nine of my life and it has caught me by surprise.
How did I get here so fast? Where did the years go, and where did my youth go?
I remember well seeing older people through the years and thinking that they
were years away from me; that I was only on the first hole, and the back
nine was so far off that I could not fathom it or imagine fully what it would
But, here it is. My friends are retired and getting gray. They move slower,
and I see older faces now, older friends. Some are in better shape and some are
in worse shape than me, but the change is significant. They are not the same
friends I remember who were young and vibrant. Like me, sad to say, their
advancing age is showing, and we are now those older folks who we used to see,
but never thought we'd become.
Each day now I find that just getting a shower is a real target for the day.
And taking a nap is no longer a treat, it's nearly mandatory, because if I don't
nap on my own free will I will likely fall asleep where I sit.
I have entered into this new season of my life
unprepared for all the aches and pains and the loss of strength and ability to
go and do things I wish I had done but never did. Although I am now on the back
nine" and not sure how long it will last, this I know: that when it's over on
this earth, it will truly be over and a new adventure will begin. Yes, I have
regrets. There are things I wish I hadn't done, things I should have done, and
indeed, there are many things I'm happy to have done.
If you are not on the back nine yet, let me remind you that it will be here
faster than you think or can even imagine. So whatever you would like to
accomplish in your life, do it quickly. Don't put things off too long because
life goes by in a flash when you start the "back nine." And even if you are not,
do what you can today because you can never be sure whether you are on the back
nine or not!
You have no promise that you will see all the seasons of your life, so live for
today and say all the things you want your loved ones to hear and remember. And
hope that they appreciate and love you for who you are and all the things you
have done for them throughout the years.
Stay well old friend, and remember: it's not what you gather, but what you
scatter that tells what kind of life you have lived. Today is the oldest you
have ever been and also the youngest you will ever be, so enjoy this day while
WEEKLY SNOPES URBAN
LEGEND UPDATE AS OF JAN. 18, 2014
behind the legends, information and
misinformation that has or may show up in your inbox
Has castoreum, a secretion produced by
beavers, been used as a food additive?
Photograph purportedly documents a recent move to approve animal carcasses
with cancers, tumors, and open sores for human consumption.
Is Target offering free credit monitoring service to
customers who may have been affected by their credit card security breach?
Does U.S. law allow Americans to opt out of the Affordable Care Act's
individual health insurance mandate?
Does imprisoned former Congressmember Jesse Jackson, Jr., stand to collect
$8,700 per month in disability payments and $45,000 per year in Congressional
The Israelis have developed an airport scanner
alternative: a booth that detonates any explosive device a passenger is
Map provides a guide showing how to 'drive across the USA hitting all the
Has castoreum, a secretion produced by beavers, been used as a food
Photograph shows a blue Japanese fruit known as "moon melon."
Updated: Lists purportedly reveal 'price tag coding' at Target and Costco
Video clip shows an F-35 executing a vertical flip on takeoff.
Does the U.S. standard railroad gauge come directly from the width of Roman
Warning that the use of E15 gasoline can damage engines and/or void
warranties of many types of cars.
Photograph shows workmen who have accidentally trapped their van within a
barrier of bollards.
Video clip purportedly shows a car with color-changing 'paramagnetic
Did the Seattle Seahawks ban California residents from buying tickets to
the NFC Championship Game?
Was a Houston man sentenced to jail for paying too much child support for
A touching tale about a troubled boy named Teddy Stoddard and the teacher
who turned his life around.
Don't forget to visit our Daily Snopes page for a
collection of odd news stories from around the world!
Worth a Second Look
News report shows Martin Luther King Day celebrants holding misspelled
Still Haunting the Inbox
Check out our 25 Hottest Urban Legends list to keep abreast of what's
circulating in the on-line world.
Visit our Top Scams page for a list of schemes
commonly used by crooks to separate the unwary from their money.
THE LIGHTER SIDE
& OTHER ODDS AND ENDS
Medicare? If so, we'll let this video explain why you should NOT allow yourself
to be admitted to a hospital with the classification "Under observation." Doing
so could cost you an arm and a leg (figuratively speaking).
Want to listen to something
hilarious? We're talking about a British sports announcer who is providing
play-by-play coverage of a satellite feed of an Alabama vs. Notre Dame football
game in the UK. The problem is, he knows next to nothing about American
football, so he tries to "wing it." You know it's bad when a graphic of the
Alabama quarterback comes on the screen (photo below), and instead of saying
he's had three interceptions, the announcer says he's been on the Internet three
times. (3 Mins.)
Recognize these two local
boys? Paul Salerno does, and so do we. Like us, Tom and DIck have aged a bit
over the years, but they are still trim, fit and still fun to listen to.
So what's up with the
mystery rock that magically showed up on Mars in front of the rover Opportunity
that is reported to look like a jelly doughnut? Not even NASA can explain it.
Was it intentionally placed there by an extraterrestrial in an attempt to
"soften us up" for an upcoming announcement that will shake the world? Probably
not. Did a meteor strike nearby eject the rock in the air and it just happened
to come down and wind up in front of Opportunity's camera? Perhaps. The only
thing we know for sure is that if the rock does look like a jelly
doughnut, the fact that it has been there undisturbed for several days proves
there are no cops on the Red Planet.
Want to read
about it? Click on the link below
If you like mysteries,
watch this clip of an entity of some kind apparently saving the life of a
bicyclist at a traffic intersection in China that was caught on a surveillance
camera. Is it proof of teleportation by an ET or an angel from above? If it's
manipulated footage by a hoaxer, how and why would he use stock surveillance
footage from a Chinese intersection? Is it part of a video game? There are lots
of possibilities. This is how it aired on Chinese TV.
Speaking of China, if you
missed this Dateline segment about the most populated country on the planet when
it aired almost three years ago, you may find it as astonishing as I did. The
underlying message is that the Chinese have so much of our money that they are
using part of it to build cities that have no residents and shopping malls that
have no stores. The title of the segment is "China's Ghost Cities."
We last ran this clip of
the 100 Top Movie Quotes back in Nov. of 2009. When Don Hale sent it in this
week and we watched it again, there was no question in our mind that it was
worth a rerun. How many of these movies have you seen? Or perhaps we should have
asked how many you can remember? (11 Mins.)
Neither the image or the
sounds in this Christmas-time clip we received from Bert Kelsey is something we
normally associate with Budapest, Hungary. Have a look and form your own
opinion. (3 Mins.)
How many of you aviation
enthusiasts are familiar with the WWII fighter known as the British "Seafire"
that was developed late in the war? It would be fair to call it a Spitfire on
steroids. Here's is an interesting news report about the restoration of a flying
Seafire that is believed to be the only one of its kind in the world.
Are you interested in or
thinking about buying one of Fremont's electric wonder cars? If you are, you may
want to review this article about the Tesla first
names, one of our retirees who lives out of state wrote to say he spent $6,500
on a young registered Blank Angus bull and put the animal out with the herd, but
all it did was eat grass. The bull wouldn't even look at a cow. Thinking he paid
too much for the animal, he called and had a vet come out to have a look at his
investment. The vet said the bull was very healthy, but possibly a little young,
so he gave the retiree some pills and told him to feed one to the bull every
Within two days
the bull began servicing the cows. It even broke through the fence one afternoon
and began servicing the neighbor's cows like it was a machine. The retiree said
he had no idea what was in the pills the vet gave him, but he said they tasted a
little like peppermint.
You need not worry that
this woman will ever give you the bird. It's obvious that she is far too
attached to it. (3 Mins.)
impossible to appreciate this illusion until you get near the end of this
two-minute video. If you are the impatient type, use the scrubber bar to
fast-forward to the 1:30 mark. (2 Mins.)
With some of the most
amazing mountain bike footage you are ever likely to see combined with stunning
scenery and a virtually perfect musical score, this is a video you won't want to
miss. It's called: "Where The Trail Ends: The World's Top Freeride Mountain
Bikers." (6 Mins.)
This is a fascinating look
at how our world would look from the air if you were a bird. The site is
comprised of 40 high-definition aerial photos of different cities and various
other venues on our planet.
Cute, but we doubt that a
porcupine would make a good house pet unless he or she is especially mellow.
This one's name is Teddy Bear, and there is no question that he loves his
corn-on-the-cob. (1 Min.)
Don't freak out when you
click on the link below and a tarantula appears on your screen. It's just a
robot that has been taught to rumba to salsa music. (1
This clip says the
"Trampoline Wall" is the new extreme sport. Watch this video and see if you
agree. (4 Mins.)
Tom Macris and I are having
a friendly argument. He says this "stunningly beautiful dog" is dancing. I say
the "ugly mutt that looks like it has a serious case of mange" is just
scratching its back. What say you? (1 Min.)
From Alice Murphy comes
this latest "Mrs. Brown's Boys" clip to cross the Pond and make it to U.S.
shores. The sitcom, which is one of the most popular shows on the BBC, can be
outrageous at times, as this clip proves. Watch it at your own risk.
If you didn't watch this
item about world poverty and immigration we received this week from Bert Kelsey
when we first ran it back in 2010, you should watch it now. It hasn't changed,
and it's just as profound today as it was 4 years ago.
Doug Bergtholdt suggested
this might be a fitting clip to close this week's Farsider with. Never one to
turn down something that hits a patriotic nerve, we agreed. (4 Mins.)
Pic of the Week: