FOPPO v. STATE OF OREGON

16-9509194; CA A92234.

928 P.2d 335 (1996)

144 Or. App. 535

FEDERATION OF PAROLE AND PROBATION OFFICERS and James D. Kiely, Appellants, v. STATE of Oregon, By and Through the OREGON DEPARTMENT OF CORRECTIONS, Respondent.

Court of Appeals of Oregon.

Decided November 20, 1996.


Attorney(s) appearing for the Case

Gene Mechanic, Portland, argued the cause for appellants. With him on the briefs was Goldberg, Mechanic & Stuart.

Michael D. Reynolds, Assistant Solicitor General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.


LEESON, Judge.

Plaintiffs Federation of Parole and Probation Officers (FOPPO) and James Kiely (Kiely) appeal from a summary judgment for respondent State of Oregon. ORS 19.010. The issue is whether ORS 423.549, which transfers to the counties the duties of state parole and probation officers, but does not transfer the officers themselves, violates various provisions of the Oregon Constitution. The trial court concluded that it did not and granted the state's motion...

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