OREGON POLICE OFFICERS' ASSN. v. STATE

94-12-08563; CC 94C-14019, CC 94C-13963, CC 95-C10338; SC S42333 (Control), SC S42511 and SC S42355.

918 P.2d 765 (1996)

323 Or. 356

OREGON STATE POLICE OFFICERS' ASSOCIATION, Federation of Oregon Parole and Probation Officers and Association of Oregon Corrections Employees, Respondents, v. STATE of Oregon, Appellants. Richard TISSUE, LaRhette S. Swann, Darrell Wells and Garry McCorkle, Respondents, v. STATE of Oregon, By and Through the OREGON STATE CORRECTIONAL INSTITUTION and Public Employee Retirement Board, Appellant, and Portland School District No. 1J, Beaverton School District No. 48, and Oregon City School District No. 62, Defendants-Respondents. Dawn MORGAN, Michael Cullivan, Ann Logan and Paul Ferderber, Respondents, and Sterling Williver, Bruce Prunk and Alice Hatch, Plaintiffs, v. STATE of Oregon, By and Through OREGON VOCATIONAL REHABILITATION DIVISION; By and Through Oregon Department of Corrections; By and Through State Board of Higher Education, and City of Portland, Appellants, and Klamath County and Deschutes County, Defendants. SALEM POLICE EMPLOYEES UNION, Terry Locke and Jim Miller, Respondents, v. CITY OF SALEM, Appellant.

Supreme Court of Oregon, In Banc.

Decided June 21, 1996.


Attorney(s) appearing for the Case

Michael D. Reynolds, Assistant Attorney General, Salem, argued the cause for appellants State of Oregon and Public Employees Retirement Board. With him on the briefs were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Linda Meng, Chief Deputy City Attorney, Portland, argued the cause and filed the briefs for appellant City of Portland.

William G. Blair, Assistant City Attorney, Salem, argued the cause for appellant City of Salem. With him on the brief was Stephanie Smythe, City Attorney, Salem.

Daryl S. Garrettson, of Hoag, Garrettson, Goldbert & Fenrich, Portland, argued the cause and filed the brief for respondents Oregon State Police Officers' Association, Federation of Oregon Parole and Probation Officers, Association of Oregon Corrections Employees, Salem Police Employees' Union, Terry Locke, and Jim Miller.

Gregory A. Hartman, of Bennett, Hartman, Reynolds & Wiser, Portland, argued the cause and filed the brief for respondents Dawn Morgan, Michael Cullivan, Ann Logan, and Paul Ferderber. With him on the brief were James S. Coon and Lory J. Kraut, Portland.

James S. Coon, of Swanson, Thomas & Coon, Portland, argued the cause for respondents Richard Tissue, LaRhette S. Swann, Darrell Wells, and Garry McCorkle. With him on the brief were Gregory A. Hartman and Lory J. Kraut, Portland.

John W. Osburn, of Miller, Nash, Weiner, Hager & Carlsen, Portland, waived appearance for defendants-respondents Portland School District No. 1J, Beaverton School District No. 48, and Oregon City School District No. 62.

Elden M. Rosenthal, of Rosenthal & Greene, P.C., and Richard H. Braun, Portland, filed a brief on behalf of amicus curiae Benefits Committee.


VAN HOOMISSEN, Justice.

The question presented by the appeals in these four consolidated cases is whether any part of Ballot Measure 8 (1994)1 impairs an obligation of plaintiffs' Public Employes' Retirement System (PERS) contract with their public employers in violation of the Contracts Clause of Article I, section 10, of the United States Constitution.2 Ballot Measure 8 amended the Oregon Constitution by...

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