//0 :: PM CV IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH 0 ROBYN REISTER, and, Petitioner, THE CITY OF PORTLAND BUREAU OF FIRE & POLICE DISABILITY & RETIREMENT. Respondent. Case No. PETITION FOR WRIT OF REVIEW OAH Case No. 00 Agency Case No. 0-0 0 Petitioner Robyn Reister alleges as follows:. Respondent City of Portland Bureau of Fire and Police Disability and Retirement ( FPDR ) is a constituent bureau of the City of Portland. The City of Portland ( City ) is organized and duly existing as a municipal corporation under Chapter of the City Charter ( Charter ), last amended January, 00, and pursuant to the home rule power granted by Article XI, Section of the Oregon Constitution.. Petitioner is the surviving spouse of Officer Dane Reister, who was a member of Respondent FPDR Plan. 0 NE Broadway Portland, OR PHONE () - FAX () 0-0 PETITION FOR WRIT OF REVIEW Page of
0 0. Mr. Reister served the City of Portland as a sworn police officer for years, until his employment with the Police Bureau was terminated on October, 0. Petitioner was married to Mr. Reister on February, 00. Mr. Reister passed away on May, 0.. Petitioner filed a claim with FPDR for nonservice connected death benefits on June 0, 0 under Charter -0. On June, 0 FPDR sent notification to Petitioner of its denial of her claim for nonservice connected death benefits. Respondent s justification for the denial was that Mr. Reister was not a member of the FPDR Plan at the time of his death within the meaning of the City Charter, and as further described in Section..0 of the FPDR Administrative Rules, because he was not an employee of the Portland Police Bureau at the time of his passing.. On October, 0, Petitioner requested an official determination of her eligibility under Chapter of the Charter for retirement benefits as the surviving spouse of a vested FPDR member. FPDR responded on October 0, 0 with an official determination that Petitioner is not eligible for retirement benefits as a surviving spouse. FPDR s denial was based on the assessment that that there is no retirement benefit under the FPDR Plan for which Petitioner is eligible. 0 NE Broadway Portland, OR PHONE () - FAX () 0-0 PETITION FOR WRIT OF REVIEW Page of
0 0. After FPDR s determination of her ineligibility for retirement benefits as a surviving spouse, Petitioner timely requested a hearing to appeal the determination as well as FPDR s previous denial of nonservice connected death benefits.. Both issues were consolidated under a single FPDR Case (Agency Case No. 0-0), but bifurcated by the Office of Administrative Hearings ( OAH ) into two separate matters (OAH Case No. 00 (determination of ineligibility for retirement benefits as a surviving spouse) and OAH Case No. 0 (denial of death benefits)). On March, 0 a hearing was held before the OAH.. Pursuant to FPDR Administrative Rule..0, the appeals process for OAH Case No. 00 (determination of ineligibility for retirement benefits as a surviving spouse) is through a writ of review to this Court, while the appeals process for OAH Case No. 0 (denial of death benefits) is through review by the OAH Appellate Review Board.. On June, 0 the OAH issued a Final Order in Case No. 00, affirming FPDR s denial of retirement benefits to Petitioner as a surviving spouse. 0 NE Broadway Portland, OR PHONE () - FAX () 0-0 PETITION FOR WRIT OF REVIEW Page of
0 0 GROUNDS FOR WRIT OF REVIEW 0. The Final Order of June, 0 in OAH Case No. 00 was issued in error, and a writ of review should be permitted under ORS.00 for the following reasons: (a) The Final Order is not supported by substantial evidence in the whole record as required by ORS.00()(c); (b) The Final Order improperly construed the applicable law as required by ORS.00()(d).. The issue before the OAH was as follows: (a) Whether Robyn Reister is entitled to FPDR retirement benefits following the death of her husband.. Petitioner has no other plain, speedy, or adequate remedy than the review prayed for in this petition. WHEREFORE, Petitioner prays the Court for an order issuing a writ of review directed to Respondent, commanding FPDR to return the writ to this Court with a certified copy of the record and proceedings in this matter for review by the Court. Further, Petitioner respectfully requests that based on the claims set forth above, and pursuant to its power on review under ORS.00 that the Court order: (a) That the decision by the OAH to affirm FPDR s denial of retirement benefits be reversed; (b) That such other relief be awarded as may be equitable under the circumstances. 0 NE Broadway Portland, OR PHONE () - FAX () 0-0 PETITION FOR WRIT OF REVIEW Page of
DATED this th day of August, 0. PUBLIC SAFETY LABOR GROUP, P.C. Trevor R. Caldwell, OSB No. trevor@pslglawyers.com Of Attorneys for Petitioner Trial Attorney: Trevor R. Caldwell 0 I hereby certify that I have examined the proceeding in this matter to the extent that it is now available to me and have examined the determination made in it and that the decision and determination are erroneous as has been alleged in this petition. Trevor R. Caldwell, OSB No. 0 0 NE Broadway Portland, OR PHONE () - FAX () 0-0 PETITION FOR WRIT OF REVIEW Page of