| ► 09/30/10 Letter to LA County DA to void Pensionsfor Bell, CA employees |
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09/30/10 Letter to LA County DA to void Pensions for Bell, CA employees The following is a letter sent to Los Angeles District Attorney David Demerjian regarding the outrageous scam engaged in by ex- Bell City Administrator Robert Rizzo to enhance the retirement benefits for himself and other Bell employees.
Dave Palmer
The Watchdawg
URL: www.noethics.net
September 30, 2010
David Demerjian
Los Angeles County District Attorney
Re: Civil action to declare pension contracts void
Dear Mr. Demerjian:
According to a story written by Jeff Gottleib of the LA Times this date titled: “Pension for Rizzo, 40 other Bell Employees will be larger than first estimated,” Mr. Rizzo set into motion a scheme to circumvent retirement benefit limits set by California.
The Times reported that Mr. Rizzo will receive a pension of nearly $1 million and that former Assistant City Administrator Angela Spaccia could receive more than $375,000 a year.
Given the fact that these unconscionable retirement schemes do not comply with California limits for public employees, I believe that you may well want to consider filing a civil action in Superior Court to have them declared void.
As I suspect you know, the law is quite clear that a contract entered into that is “against public policy” is deemed “void ab initio.” Black’s Law Dictionary – 5th Edition at page 1411 states:
“Void ab initio – A contract is null from the beginning if it seriously offends law or public policy in contrast to a contract which is merely voidable at the election of the parties to the contract.”
It would be difficult to imagine a situation wherein a contract “seriously offended public policy” as is the case with the outlandish retirement contracts put into effect by Mr. Rizzo.
I cannot imagine that Mr. Rizzo and/or any of his co-conspirators would be successful in defending a civil lawsuit seeking to have these contracts declared void as against public policy. In fact, if it was possible I would relish the thought of personally prosecuting such a civil suit.
I can’t imagine that Mr. Rizzo and/or his cohorts could possibly find jurors in LA that would sympathize with them and rule in their favor. Likewise for any of the 450 or so Superior Court Judges in LA County.
And lastly, I am merely attempting to offer my thoughts on this matter and I certainly do not intend to portray myself as some legal guru. If in fact your office has already considered taking this type of action, please let me know.
Thanks for your time and attention to this matter.
Dave Palmer
The Watchdawg
Folsom, California
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