San Francisco Criminals Forfeit Retirement, Proposition C (June 2008)
Proposition C amended the San Francisco charter so that city and county employees convicted of certain crimes including those involving moral turpitude shall forfeit the retirement benefits to which they would otherwise be entitled. The measure was placed on the ballot by a vote of the county supervisors.
San Francisco has barred employees convicted of a crime involving moral turpitude -- such as theft, fraud or the breach of public trust - from collecting employer-funded retirement benefits since 1966. A recent court decision regarding the 1966 law determined that morally turpitudinous employees could still collect disability claims and "vesting allowances." Proposition C was intended to close that loophole by making it explicit that these benefits are not available to criminal convicts.
- These final, certified, election results are from the San Francisco elections office.
Supervisor Bevan Dufty, who is gay and was a supporter of Proposition C, was dismissive of the idea that the retirement benefits of gay people might be in any way imperiled by Proposition C, saying that the measure applies to criminals, not gay people. "From a legal standpoint, I don't think it means anything more than people who violate city laws are going to have repercussions."
Supervisor Chris Daly and the Harvey Milk LGBT Democratic Club were opposed to Proposition C on the grounds that the phrase "moral turpitude" has been used by courts to discriminate against gay people. Some opponents also said the measure could vilify hard-working public employees.
The question on the ballot:
|Proposition C: "Shall the City prohibit San Francisco Employees' Retirement System members who are convicted of a crime involving moral turpitude in connection with their employment from receiving any retirement benefits funded with employer contributions?"|
- San Francisco Chronicle, "S.F. voters face ballot measures," May 17, 2008