In the big pension benefits court case, the pension system and unions have questioned whether City Attorney Mike Aguirre was given the proper authority by the City Council to actually file the case. Council President Scott Peters and other council members have also questioned Aguirre’s authority to bring the case and have even questioned the honesty of former Assistant City Attorney Les Girard’s official report out of the closed session in which the lawsuit was apparently approved by the council.

The judge’s tentative ruling ruled in favor of Aguirre and addressed that issue with the following statement:

…the City Council has taken no public action to indicate there was no authority given (to) the City Attorney to prosecute this cross complaint, which has been discussed in numerous closed sessions for almost a year.

But a couple of lines down it also includes this statement:

The court is concerned that there is a lack (of) City Council authority based on the declaration of Council President Scott Peters.

Councilwoman Donna Frye called this evening upset about that statement.

“That is outrageous that Scott Peters would make such a declaration without City Council approval, hire an attorney at taxpayers’ expense and put a crimp on this case,” she said. She continued: “Scott has overstepped his bounds. He may be council president, but he is not City Council king.”

Peters is out of town for the weekend, but we’ll try to get a copy of his complete declaration with the court and speak with him about it Monday.

ANDREW DONOHUE

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