International Ass'n of Fire Fighters v. City of Oakland

These consolidated appeals arise from judgments of dismissal entered upon different complaints whereby Local 55, International Association of Fire Fighters, AFL-CIO, and individual plaintiffs endeavored to challenge the validity of two charter amendments purportedly adopted by the City of Oakland.

On March 23, 1976, the Oakland City Council adopted a resolution proposing that Propositions R and S be placed before the electorate in the upcoming municipal election. Proposition R sought to amend article 26 of the city charter by, inter alia, limiting membership in the Police and Fire Retirement System to personnel hired prior to July 1, 1976, and reducing city contributions to the funding of that system. Proposition S sought to repeal sections 2100 and 2102 of the city charter which provide for automatic salary adjustments for police officers and fire fighters based upon the annual percentage change in manufacturing wages in the San Francisco Bay Area.

On April 6 and 7, 1976, the instant complaints were filed. In one, the union, as well as two current members of the retirement system and a taxpayer as individual plaintiffs, sought a declaration that the resolution placing…