Wednesday, April 13, 2005

Gnawing on it

You'd think the carcass had already been picked clean. The Supreme Court will not issue its ruling on the City of Eugene appeal tomorrow. While I have no basis to make this argument, I continue to speculate that the Court will wait to release its ruling until after the Legislative Committees shut down. For the Senate, the date is April 28th; the House date is not publicly known but is expected to be somewhere around the same time. This means that if I'm right, we won't see a Lipscomb decision in April.

On an unrelated subject, I do know now that the reason Mr. Baker withdrew from representing the PERS Board as outside counsel, is because he left the law firm hired to represent the PERB. His replacement, Townsend Hyatt, remains with Orrick and is now the principal representing the Board. Don't know anything about why the other two lawyers assigned to PERB are no longer representing same.

A footnote to yesterday's post is that a study of the relevant statutes cited in Steve Rodeman's "pulled" memo (see yesterday for link to the post), suggest that the PERS Board has pretty unlimited authority to fund the Capital Preservation Reserve as it sees fit. There is no statutory upper limit on how much can be placed directly into the reserve. A close reading also suggests (to me anyway, a devout non-lawyer) that funds can be placed in the CPR (great acronym) from earnings on capital, and/or by transferring excesses from the Contingency Reserve.

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