Reaction From Those Losing City Benefits Through Ordinance

Those stripped of their benefits with the city are reacting to the federal judge’s ruling.

On Monday, U.S. District Court Judge Frank Montalvo ruled the ordinance intended to deny health benefits for same sex and unwed partners of city employees will stand. That means everyone who is not a city employee, including appointed judges, will no longer have benefits.

Voters approved the ordinance 55 to 45 percent during the November 2010 elections. The city “interpreted the statute to remove health benefit coverage to retirees, elected officials, affiliated service contractors, domestic partners of employees, and certain dependent children, all of whom were previously covered,” wrote Montalvo.

People for Traditional Family Values argued in court documents that, despite their original intent, it would be impossible to know why each voter cast a ballot in favor of the ordinance — some may have done it to endorse traditional family values and others to save taxpayer money.

The city’s interpretation of the law was that it was too broad and would affect too many unintended individuals.

Now, those unintended are going to have pay for their own benefits.

“Its not a surprise, we went in expecting the worst and that’s exactly what we got,” said Municipal Judge Rick Olivo.

He is one of six named in a lawsuit that fighting the benefits ordinance.

“Certainly there were unintended consequences in which the ordinance was written,” said Olivo.

It all came down to the definition of city employee and anyone elected is not considered an employee, including City Council members and judges.

“Any of those people who were excluded from benefits in the ordinance will be excluded from benefits,” said Mayor John Cook after Tuesday’s City Council meeting.

Olivo said he will greatly feel the impact from Montalvo’s ruling and the ordinance remaining in place.

“It’ll cost me twice as much to get the benefits that I’m getting now through the city,” said Olivo.

Even though he’s going to have to pay up he’s not blaming anyone.

“It’s expected. We’re not happy but we’re stuck with those results,” said Olivo.

Olivo said the group in the lawsuit don’t plan to appeal Montalvo’s decision.

“I have served my community proudly for the last 10 years, I’ll continue to do so,”Olivo said. “It’ll just cost a little bit more to do it,” said Olivo.

Related Links:Link:Judge Upholds Law Taking Domestic Benefits Away From Partners Of City Workers, OthersLink:Read Judge Montalvo’s City Domestic Partner Benefits Ruling