Central Oregon Irrigation District Intervenes In SB 822 Litigation

Central Oregon Irrigation District (COID) is a participating PERS employer.  On September 27, 2013, COID filed a Motion To Intervene in the SB 822 litigation.  It also filed motions to disqualify the Oregon Supreme Court justices and the special master appointed by the Supreme Court from participating in the SB 822 case.  The Motions To Disqualify are based on the fact that all of the Supreme Court justices and the special master are PERS members and as PERS members they have a financial stake in the litigation.   COID believes that it is fundamentally unfair that the SB 822 litigation be decided by judges who stand to lose money if SB 822 is upheld.

COID took this action to protect the right of COID members to have the SB 822 litigation determined by impartial judges.  If SB 822 is not upheld by the Supreme Court, the district members will pay more for PERS costs and will most likely suffer a reduction in the services that COID currently provides.

Oregon law allows for the appointment of temporary judges to decide cases in situations like this.  The SB 822 litigation is too important to COID’s members to allow the case to be decided by judges with a financial conflict of interest.

While COID’s actions are intended only for the benefit of its members, those actions will also affect the right of every Oregonian to have PERS lawsuits decided by impartial judges.  The right to impartial judges is one of our most fundamental safeguards against governmental abuse.

If you believe that our right to impartial judges must be protected, this case is important to you.  Let your legislators know how you feel about it and demand that our right to impartial judges in PERS be restored.

Remember that we had impartial judges for PERS cases during the first thirty-eight years that PERS existed.  It was only after legislators were allowed to join PERS in 1971 and after those PERS legislators spent the next twelve years substantially enhancing PERS benefits that they forced Oregon’s judges into PERS, effective January 1, 1984.  And it was only after judges became PERS members that they ruled that PERS benefits were a contract.  A contract that those same judges immediately became beneficiaries of and from which they have or will receive thousands of dollars in PERS benefits that the people of Oregon are forced to pay for.  That’s not fair.  It’s not justice.  It’s injustice.

Dan Re


About Dan Re

I am an attorney who has lived in Bend and practiced law since 1981. In educating myself about the Oregon Public Employees Retirement System (PERS), I was shocked at how the PERS laws were changed by the legislature, once legislators were allowed to join PERS in 1971, 26 years after PERS was first created. Those changes personally benefitted the legislators who made them at the direct financial expense of the people they were elected to represent. That is wrong and I intend to change it. In 2009, I started a non-profit 501(c)(4) corporation, In RE The People, Inc., for the purpose of informing concerned citizens of what happened regarding PERS and other issues of social and civic importance. I then created this blog to further that objective.
This entry was posted in fundamental fairness, Oregon judges, Oregon PERS, Oregon SB 822, public employees retirement plan and tagged , , , , . Bookmark the permalink.

1 Response to Central Oregon Irrigation District Intervenes In SB 822 Litigation

  1. T & K says:


    Another blog right “on the mark.”

    Yes, citizens need to continue to engage those representatives who were elected to represent them! Many don’t like being asked why they voted for a particular bill or, why they support or oppose a specific measure. They don’t want to be questioned by those they were elected to serve. Recently representatives of District 1 were asked why they voted the way they did on a particular bill.

    Their response “Well, it was going to pass anyway” shocked the citizen who had called and asked the question. When asked a similar question by another constituent, they simply did not respond.

    Great Work!


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s