This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Retirement Benefits
Employee Benefit Plan

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

D. William Heine

Lucas Oppenheim

Michael Feinberg


Defendant

Adena M. Hopenstand
(Office of the City Attorney)

Dora Gonzalez


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.


#97972

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390