On Tuesday February 6, 2018, PLEA and its attorneys were in Superior Court in front of the Honorable Judge Sherry Stephens for oral arguments on the case of Jacobs v. City of Phoenix better known to most as the sick/vacation leave conversion lawsuit. This case is now three years old.
As most already know, the City eliminated your conversion rights which were negotiated at various times over the years with the 2014-2016 unilaterally imposed Terms and Conditions of Employment. As a result, PLEA has taken the City to court for breaking its promises. The City filed a Motion for Judgment on the Pleadings, seeking to have the matter dismissed. Today, the court held oral argument on that Motion. The City is taking the position that the payment for converted vacation or sick time is simply wages and therefore can be taken away. The City also has argued that it didn’t have the authority to enter into that agreement in the first place. PLEA argued that the City was providing pension benefits and, as such, are required to honor the contract. In addition, PLEA argued that the officers relied on the City’s promises to their detriment, and, as a result, the City can not now walk away from those promises. Judge Stephens took the matter under advisement. Although by law, she has up to 60 days to render a decision, we expect a decision from the court within a few weeks. We will keep you advised.