IN THE SUPREME COURT OF THE STATE OF OREGON GEORGE A. RIEMER Petitioner, v- Petition for Judicial Review STATE OF OREGON, OREGON GOVERNOR JOHN KITZHABER, OREGON ATTORNEY GENERAL ELLEN ROSENBLUM, and OREGON PUBLIC EMPLOYEES RETIREMENT BOARD and SYSTEM, Respondents. Petition for Judicial Review pursuant Section 11 of Enrolled and Enacted Senate Bill 861, 77th Oregon Legislative Assembly - 2013 Special Session Comes now, George A. Riemer, Petitioner, and requests the Oregon Supreme Court to review the provisions of Enrolled and Enacted Senate Bill 861, 77th Legislative Assembly - 2013 Special Session (hereafter SB 861 on the bases that they violate the constitutional rights of Petitioner under the United States and Oregon Constitutions as a member of and retiree receiving a retirement benefit from the Oregon Public Employees Retirement System, as follows: Petition of George A. Riemer, SB 861 Petitioner, Page 1
Statement of the Basis of the Challenge 1. Sections 1, 2, 5, 6, and 13 of SB 861 violate Article I, Section 21 of the Oregon Constitution and Article 1, section 10, clause 1 of the United States Constitution in that they impair the obligation of the contract between the State of Oregon through the Oregon Public Employees Retirement System and Petitioner as a member of and retiree under that system. 2. Sections 1, 2, 5, 6, and 13 of SB 861 violate Article I, Section 18 of the Oregon Constitution and the 5th Amendment to the United States Constitution, as incorporated and applied to the States by the 14th Amendment to the United States Constitution, in that they take (his private property for public use without just compensation. 3. Petitioner has a pending Petition for Review (S061475 concerning Chapter 53, Oregon Laws 2013 (Enrolled Senate Bill 822, which has in part been superseded by SB 861. Petitioner should not have to pay a filing fee for this petition as the State of Oregon merely decided to take more money from Petitioner in enacting SB 861 than it had previously decided to take in enacting Chapter 53, Oregon Laws 2013 (Enrolled Senate Bill 822. The State's bases for claiming a right to do so have not changed. To the extent a filing fee is otherwise due, Petition of George A. Riemer, SB 861 Petitioner, Page 2
Petitioner requests the Supreme Court waive it on the grounds it unreasonably penalizes Petitioner by making him pay twice to challenge differing levels of the same illegal government action. This petition is supported by Petitioner's affidavit that is submitted and in conjunction with it. Respectfully submitted this 27th day of November, 2013. George A. Riemer Petitioner Pro Se (OSB Member No. 804712 (Inactive 23206 N. Pedregosa Drive Sun City West, AZ 85375 623-238-5039 george.riemer@azbar.org Petition of George A. Riemer, SB 861 Petitioner, Page 3
IN THE SUPREME COURT OF THE STATE OF OREGON GEORGE A. RIEMER Petitioner, v. Affidavit in Support of Petition for Judicial Review STATE OF OREGON, OREGON GOVERNOR JOHN KITZHABER, OREGON ATTORNEY GENERAL ELLEN ROSENBLUM, and OREGON PUBLIC EMPLOYEES RETIREMENT BOARD and SYSTEM, Respondents. oath: Affidavit in Support of Petition for Judicial Review pursuant Section 11 of Enrolled and Enacted Senate Bill 861, 77th Oregon Legislative Assembly - 2013 Special Session I, George A. Riemer, Petitioner, make the following statements under 1. I worked for a public employer in Oregon from January 1981 to March 2006. 2. I am a member and retiree of the Oregon Public Employees Retirement System as a result of that public employment. I retired Affidavit of George A. Riemer, SB 861 Petitioner, Page 1
effective April 1, 2006, and have since that time received and presently receive a retirement benefit from the Oregon Public Employees Retirement System (PERS. 3. I am and will continue to be adversely affected by Sections 1, 2, 5, 6, and 13 of Enrolled and Enacted Senate Bill 861, 77th Oregon Legislative Assembly - 2013 Special Session (hereafter SB 861 by the reduction of the cost of living increase and the retirement benefit provided me under prior Oregon laws. Chapter 53, Oregon Laws 2013 (Enrolled Senate Bill 822 has already illegally reduced the cost of living increase and retirement benefit provided me under prior Oregon laws and SB 861 will illegally reduce the cost of living increase and retirement benefit provided me under prior Oregon laws on July 1, 2014, and every year thereafter until both my beneficiary and I die. I already have a pending Petition for Judicial Review concerning Chapter 53, Oregon Laws 2013 (Enrolled Senate Bill 822 (S061475. SB 861 illegally takes away even more of my retirement benefit than Chapter 53, Oregon Laws 2013 does. Date: November 27, 2013 George A. Riemer Petitioner Pro Se (OSB Member No. 804712 (Inactive 23206 N. Pedregosa Drive Affidavit of George A. Riemer, SB 861 Petitioner, Page 2
Sun City West, AZ 85375 623-238-5039 george.riemer@azbar.org State of Arizona ss. County of Maricopa Subscribed and sworn to before me this 27th day of November, 2013. My commission expires: QQT- Notary Public / ommission Exotrw October 27 Affidavit of George A. Riemer, SB 861 Petitioner, Page 3
PROOF OF FILING AND SERVICE State of Arizona County of Maricopa ss. I, George A. Riemer, hereby certify that (1 I am the Petitioner herein, (2 I filed Petitioner's Petition for Judicial Review and Supporting Affidavit concerning Enrolled and Enacted Senate Bill 861, 77th Oregon Legislative Assembly - 2013 Special Session with the Oregon Supreme Court by placing the originals in a sealed envelope plainly addressed to the following: Appellate Court Administrator Appellate Court Records Section 1163 State Street Salem, OR 97301-2563 and (3 I served Petitioner's Petition for Judicial Review and Supporting Affidavit on Respondents John Kitzhaber, Governor, Ellen Rosenblum, Attorney General, and Oregon Public Employees Retirement Board and System by placing duplicate originals thereof in a sealed envelope plainly addressed to the following: John Kitzhaber, Governor State of Oregon 900 Court St., N.E. PROOF OF FILING AND SERVICE re RIEMER PETITION FOR REVIEW OF SB 861, PAGE 1
Salem, Oregon 97301 Ellen Rosenblum, Attorney General State of Oregon 1162 Court St., N.E. Salem, Oregon 97301-4096 Oregon Public Employees Retirement Board 11410 S.W. 68th Parkway Tigard, Oregon 97223 The original petition and affidavit were filed with the Oregon Supreme Court via the U.S. Post Office by first class mail, certified, return receipt requested, on November 27, 2013. The duplicate original petitions and affidavits were mailed to the Governor, Attorney General, and Public Employees Retirement Board via the U.S. Post Office by first class mail, certified, return receipt requested, on November 27, 2013. Dated: November 27, 2013. George A. Riemer Petitioner Pro Se (OSB No. 804712 (Inactive PROOF OF FILING AND SERVICE re RIEMER PETITION FOR REVIEW OF SB 861, PAGE 2