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In 2013, DiCiccio Predicted Phoenix Legal Strategy for Pension Spiking Was Designed to Fail, Cites Staff Conflict of Interest & Mayor Ties to Unions as Reasons In 2013, DiCiccio Predicted Phoenix Legal Strategy for Pension Spiking Was Designed to Fail, Cites Staff Conflict of Interest & Mayor Ties to Unions as Reasons <div class="ExternalClassDA9465D7FA2A4F2CBF9CB921BE11D5DB"><table cellspacing="0" width="100%" class="ms-rteTable-default ms-rte-paste-settablesizes"><tbody><tr><td class="ms-rteTable-default"><p>The court ruling last week against the Phoenix pension spiking proposal showed that Phoenix's legal strategy was designed to fail. This is not the fault of the court, but the fault of the staff who had a conflict of interest and the Phoenix politicians who pushed it on behalf the government unions. </p><p>This ruling could now cost taxpayers millions of dollars. </p><p>"Once again taxpayers were taken advantage of by the same people who should be protecting them. I predicted in 2013 the outcome of this legal case. Those who designed this ruse did it purposely, knowing it had little chance of success," said Phoenix Councilman Sal DiCiccio.</p><p>In a <a href="http://archive.azcentral.com/opinions/articles/20131111pension-spiking-fail-diciccio.html">column for The Arizona Republic</a> dated Monday, November 11, 2013, DiCiccio wrote: "Any proposal must withstand a legal challenge. This is important. It is important for the public to know that there were other proposals that had a better chance of protecting the citizens. Of four proposals discussed, the one pushed by the mayor was third in legal defensibility. The proposal backed by Waring, Gates, and I was first."</p><p>So what does this all mean?  It means the Mayor's proposal was designed to fail in closed-door labor negotiations and in court, thus keeping pension spiking in place. It gave the labor unions exactly what they wanted.</p><p>The proposal that Waring, Gates, and I proposed would have stopped spiking, provided the public with the ability to see all options, and put in place the best practice defendable in court."</p><p>For the entire article: <a href="http://archive.azcentral.com/opinions/articles/20131111pension-spiking-fail-diciccio.html">http://archive.azcentral.com/opinions/articles/20131111pension-spiking-fail-diciccio.html</a>  </p><p>"The taxpayers can still win if the politicians get the backbone to stand up to the government unions and file the right and strongest legal argument. Also, Phoenix staff must be prevented from any and all involvement. That includes the hiring of, and giving any direction to, the attorneys and politicians in this case. The conflict of interest of Phoenix staff presented during this entire pension discussion and the intentional deception should outrage to our citizens, taxpayers and the media. Somewhere, somehow, somebody has to expose what's really going on behind closed doors," said DiCiccio.</p><p><em>​Sal DiCiccio is a Phoenix city councilman representing District 6, which includes Ahwatukee and parts of north-central Phoenix</em></p></td></tr></tbody></table></div>7/28/2015 5:00:00 PMCraig Doyle602-262-7491