Javier Romero, Cindy Coffin, Michael Moore, Barry Poole, Water & Power Employees Retirement Plan v. City of Los Angeles, City Council of the City of Los Angeles
Published: May 10, 2014 | Result Date: Mar. 26, 2014 | Filing Date: Jan. 1, 1900 |Case number: BC449834 Settlement – Equitable Agreement
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Adena M. Hopenstand
(Office of the City Attorney)
Facts
Javier Romero, Cindy Coffin, Michael Moore, Barry Poole, and the Water & Power Employees Retirement Plan sued the City of Los Angeles and the Los Angeles City Council.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs challenged the city council's purported veto over of a resolution of the Board of Administration of the Water and Power Employees Retirement Plan, approved by the Board of Water & Power Commissioner, proposing to amend the plan to suspend reciprocity between the plan and the Los Angeles City Employees' Retirement System, or LACERS. Plaintiffs contended that the city council's purported veto violated the Los Angeles City Charter and the California Constitution. They asserted claims for writ of mandate, permanent injunction, declaratory judgment, imposition of a constructive trust, accounting and conveyance, and damages.
DEFENDANTS' CONTENTIONS:
Defendants denied plaintiffs' allegations, and asserted various affirmative defenses including lack of standing, failure to comply with government claim presentation requirements and numerous applicable governmental immunities.
Result
The parties reached a settlement, under which, plaintiffs agreed to dismiss the complaint following approval of a new memorandum of understanding between the city, the Los Angeles Department of Water and Power and IBEW Local 18. It also included the adoption of certain changes to the DWP Plan, including suspension of reciprocity between the two retirement systems and implementing a new retirement tier under the plan.
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