The impasse between public safety pensioners and the city of Fresno has reached lawsuit level.

Following through on a July letter to the city, the group that runs the pension system for the city of Fresno police and firefighters filed a lawsuit earlier this month.

The pension system says the city is $4.3 million short in its contributions to the system.

During budget votes in June, the city council approved keeping the city’s contribution to the fund at the same level, saying the pension was “overfunded.”

The pension system cites a law that allows it to set the rates of contribution, not the city council. The City of Fresno Retirement Systems filed a writ of mandate on Sept. 6, asking the court to correct the underpayments.

Robert Theller, the retirement administrator, said the city is only making a partial contribution and, if anything, underpaying the fund. Any surplus is because of conservative investing.

“CFRS explained to City Management that the City is not overpaying contributions, since the annual required contributions are only enough to pay promised benefits,” Theller told GV Wire.

The case will be heard by Judicial Commissioner Daniel Brickey. The court has not set a date for the first hearing.

The City Attorney’s Office declined comment, citing pending litigation.

Related Story: Walters: Bait and Switch on Pensions

Planning Commissioner Sues City

Fresno Planning Commissioner Jacqueline Lyday, a real estate agent by trade, is suing the city for a traffic accident last year.

Lyday said a vehicle driven by a city employee, failed to yield the right of way at Highway 180 and Cornelia Avenue, causing the crash on Nov. 6, 2023.

“This incident has caused significant injuries to Plaintiffs persons,” Lyday’s court filing said.

Lyday is also suing the alleged driver, Jose Garcia-Hernandez.

A hearing is scheduled for Jan. 14, 2025, in front of Brickey.

The city declined comment. Lyday did not respond to Politics 101’s request for comment.

Related Story: Pension Tension: Lawsuit Threatened Over City of Fresno’s Contribution

Arias Appealing Auto Shop Zoning

A-1 Auto Electric wants to expand its auto shop in downtown Fresno. It won approval from the city’s planning commission on Aug. 7. That apparently is not good enough for Councilmember Miguel Arias.

Owner Kevin Gillio wants to use a vacant building across the street from his current business at Stanislaus and N streets to expand. The planning department said OK, but Arias appealed that decision to the planning commission.

For the second time, Arias appealed a decision approving the project. It is scheduled to be heard by the city council on Thursday.

“I appeal this decision for discussion at the City Council to explore the applicability of legal non-confirming uses and land use designations,” Arias said in his appeal letter.