Lipscomb Decision Issued: Appeal is Moot

The Oregon Supreme Court issued its decision in the City of Eugene case today. The court dismissed the various appeals of Judge Paul Lipscomb's Marion County Circuit Court decision as moot based primarily on the settlement agreement entered into between PERB and the local public employers. Intervenor public employees (represented by BHMK) were not party to that settlement agreement. As a result, the issues raised by the employees in the appeal were not ruled upon and will now have to be dealt with in the White case, which is currently pending in the Multnomah County Circuit Court. Despite statements in several local papers to the contrary, the Supreme Court did not affirm Judge Lipscomb's decision and did not hold that retirees or current members were required to pay back PERS. These issues were part of the settlement agreement between PERB and the employers and will be addressed in the White litigation or other lawsuits that may be filed in the near future. Those actions will be posted on the Bennett Hartman website as they are filed.