IN THE SUPREME COURT OF THE STATE OF OREGON

Transcription

1 August 19, :38 PM IN THE SUPREME COURT OF THE STATE OF OREGON EVERICE MORO, TERRI DOMENIGONI, CHARLES CUSTER, JOHN HAWKINS, MICHAEL ARKEN, EUGENE DITTER, JOHN O KIEF, MICHAEL SMITH, LANE JOHNSON, GREG CLOUSER, BRANDON SILENCE, ALISON VICKERY, and JIN VOEK, Supreme Court Case No. S (Control) Petitioners, STATE OF OREGON; STATE OF OREGON by and through the DEPARTMENT OF CORRECTIONS, LINN COUNTY; CITY OF PORTLAND; CITY OF SALEM; TUALATIN VALLEY FIRE & RESCUE; ESTACADA SCHOOL DISTRICT; OREGON CITY SCHOOL DISTRICT; ONTARIO SCHOOL DISTRICT; BEAVERTON SCHOOL DISTRICT; WEST LINN SCHOOL DISTRICT; BEND SCHOOL DISTRICT; and PUBLIC EMPLOYEES RETIREMENT BOARD, MICHAEL D. REYNOLDS, Petitioner, Supreme Court No. S PUBLIC EMPLOYEES RETIREMENT BOARD, State of Oregon; and JOHN A. KITZHABER, Governor, State of Oregon, 1

2 GEORGE A. RIEMER, Petitioner, Supreme Court Case No. S STATE OF OREGON, OREGON GOVERNOR JOHN A. KITZHABER, OREGON ATTORNEY GENERAL ELLEN ROSENBLUM, OREGON PUBLIC EMPLOYEES RETIREMENT BOARD, and OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM, WAYNE STANLEY JONES, Petitioner, Supreme Court Case No. S PUBLIC EMPLOYEES RETIREMENT BOARD, ELLEN ROSENBLUM, Attorney General, and JOHN A. KITZHABER, Governor, CORRECTED MOTION INTERVENE Pursuant to ORAP 7.05 and Section 19(5) of SB 822 (2013), the League of Oregon Cities moves to intervene in the above-captioned proceedings. 1 Founded in 1925, the League of Oregon Cities ( the League ) is an intergovernmental entity formed by intergovernmental agreement pursuant to 1 Prospective intervenor League of Oregon Cities filed a motion to intervene on August 12, 2013, in the Moro petition. League of Oregon Cities files this corrected motion to intervene in light of the consolidation of the four petitions for judicial review. 2

3 ORS and All 242 of Oregon s incorporated cities are parties to the intergovernmental agreement creating the League. The League s mission is to be the effective and collective voice of Oregon s cities and their authoritative and best source of information and training. As an intergovernmental entity, the League is a public employer, and it is a participating employer in the Oregon Public Employee Retirement System (PERS). In fact, with the desire to create a uniform retirement system for local government employees, the League was instrumental in securing the passage of HB 344 (1945), the legislation creating PERS. See Oregon Public Employee s Retirement System, The Oregon Public Employees Retirement System History The First 60 Years, (January 2011). The League became a participating employer in PERS in On July 1, 2013, the above-mentioned petitioners filed a petition for direct review of Senate Bill 822 (2013), pursuant to Section 19 of that act. Petitioners ask this Court for an order to, in part: (1) declare Senate Bill 822 unconstitutional and void in whole or in part; (2) or, in the alternative, declare Senate Bill 822 a breach of a public contract for or unconstitutional taking of the petitioners public employee retirement benefits and/or Oregon public service retirement benefits and order respondent employers to pay petitioners benefits in an amount no less than they would have received had Senate Bill 3

4 822 not passed; and (3) enjoin respondents from implementing Senate Bill 822 in whole or in part. Oregon Senate Bill 822, which modifies cost-of-living adjustments under the Public Employees Retirement System ( PERS ), addresses an issue of statewide impact and concern for Oregon s cities. Accordingly, League of Oregon Cities has an interest in this proceeding. Furthermore, the League of Oregon Cities believes that its interests will not be adequately represented by any other party. In addition, Senate Bill 822 provides that, [t]he Supreme Court shall allow public employers participating in the Public Employees Retirement System to intervene in any proceeding under [Section 19]. SB 822, 19(5). Therefore, the League also requests that this Court allow the League of Oregon Cities to intervene in the above-referenced proceeding as a participating employer in PERS. WHEREFORE, League of Oregon Cities respectfully moves the Court (a) for leave to intervene in the above-captioned proceedings, and (b) to have the Court add League of Oregon Cities to its service list. 4

5 DATED this 19th day of August, Respectfully submitted, SCHWABE, WILLIAMSON & WYATT, PC By: /s/ W. Michael Gillette W. Michael Gillette, OSB No Sara Kobak, OSB No Leora Coleman-Fire, OSB No Schwabe, Williamson & Wyatt PC 1211 SW 5th Ave., Suite 1900 Telephone: Of Attorneys for League of Oregon Cities, Prospective Intervenor 5

6 CERTIFICATE OF FILING AND SERVICE I hereby certify that I electronically filed the foregoing CORRECTED MOTION INTERVENE FOR LEAGUE OF OREGON CITIES with the State Court Administrator, Appellate Court Records Section, 1163 State Street, Salem, OR 97301, on August 19, I further certify that the foregoing CORRECTED MOTION INTERVENE FOR LEAGUE OF OREGON CITIES will be served electronically and/or by First Class Mail on August 19, 2013, on the following individuals: Gregory A. Hartman Bennett Hartman Morris 210 SW Morrison Street, Suite 500 hartmang@bennetthartman.com George A. Reimer Arizona CJC 1501 W. Washington Street, Suite 229 Phoenix, AZ Wayne Stanley Jones 18 North Foxhill Road North Salt Lake City, UT Ellen Rosenblum Anna M. Joyce DOJ Appellate Division 1162 Court Street NE Salem, OR Michael D. Reynolds 8012 Sunnyside Avenue North Seattle, WA Linn County Office of the County Attorney Linn County Courthouse 104 SW Fourth Avenue #123 Albany, OR Page 1 CERTIFICATE OF FILING AND SERVICE

7 Office of the City Attorney City of Portland 1221 SW 4 th Avenue #430 Tualatin Valley Fire & Rescue Fire Chief Mike Duyck Command & Business Operations Center SW 70th Avenue Tualatin, OR Oregon City School District 62 Superintendent Larry Didway th, PO Box 2110 Oregon City, OR Beaverton School District Superintendent Jeff Rose SW Merlo Road Beaverton, OR City of Salem Office of the City Attorney 555 Liberty Street Salem, OR Estacada School District Board Chair Mike Greene 255 NE 6th Avenue Estacada, OR Superintendent Nicole Albisu Ontario School District 195 SW Third Avenue Ontario, OR West Linn School District Superintendent Bill Rhoades SW Stafford Road Tualatin, OR Bend School District Superintendent Ron Wilkinson 520 NW Wall Street Bend, OR Page 2 CERTIFICATE OF FILING AND SERVICE By: /s/ W. Michael Gillette W. Michael Gillette, OSB No wmgillette@schwabe.com Schwabe, Williamson & Wyatt PC 1211 SW 5th Ave., Suite 1900 Telephone: Of Attorneys for League of Oregon Cities, Prospective Intervenor