April 18, 2011

Representative Ross Hunter
Chair House Ways & Means Committee
PO Box 40600 Olympia, WA 98504

Dear Representative Hunter,

The Retired Firefighters and Law Enforcement Officers throughout the State were disappointed to learn that in the eleventh hour of this legislative session a bill, HB 2097 was introduced to merge the LEOFF 1 retirement system with the LEOFF 2 retirement system. We are respectfully requesting that you as Chair of the House Ways & Means Committee hold this bill in Committee.

You and the legislators who sponsored HB 2097 may have been told or assured that the active and retired members of the LEOFF 1 system were on board and in favor of merging the two retirement systems, but nothing could be further from the truth. We were never even asked. This is too important of an issue to be decided without full debate and full knowledge of the total impact to the stakeholders. HB 2097 is more complicated then it appears and can have far reaching implications on the LEOFF 1 members and the employers. This bill has not been properly analyzed and its total impact not realized. For example, the bill would merge the two systems putting LEOFF 1 members under the administration of the LEOFF 2 Retirement Board but fails to give the LEOFF 1 members any representation on the LEOFF 2 Board.

There are many other issues that should be addressed. LEOFF 1 is a closed system, fully funded and should not be used as a chip to offset a 15 million dollar contribution to the LEOFF 2 Fund by the State of Washington. The three organizations that represent members of the LEOFF 1 System are opposed to this bill.

When the LEOFF 2 System was created the legislature had the knowledge and the foresight to retain the LEOFF 1 System as a separate system, for perhaps reasons that have not been discussed at this juncture.

There are some legal questions that should be answered before the bill is passed. Further discussion and additional information can only reduce the possibility of future legal action that is expensive and time consuming for all. In a meeting on Friday, April 15th with the Washington State Council of Firefighters and seven representatives who represent LEOFF 1 members, it was unanimously decided that his bill before being passed should be referred for a study during the interim..

Thank you for you for you for your consideration.

Respectfully,
Richard C. Warbrouck

Cc: Members of House Ways & Means Committee

April 17, 2011

To Whom it May Concern:

I am retired from the Seattle Fire Department after a career of 20 years. During that time I put my life on the line, as do all the firefighters, to protect the public. Other than firefighters, police and our Armed Forces, do you know of any profession that puts their lives "on the line" quite as much. for the public. I was always very proud that I had chosen a profession where I was helping people.

During my time as a firefighter I was thrown by a water hose, that resulted in a concussion, and permant loss of my taste and smell. I damaged my back so much that I had to have a disk removed, and other surgeries. I now constantly have back problems. I have COPD and emphysema from the smoke. I lost my hearing due to loud sirens.

Being in the Fire Department did a lot of damage to my health. I took a lower salary so that I would have a pension to help me in my retirement. I am very upset to hear that you want to "merge" LEOFF 1 AND LEOFF 2. It appears this "huge step" is being moved along far too quickly.

I would suggest you seriously consider the reommendations of the Washington State Council of Firefighters who in their meeting on Friday, April 15, 2011, felt that HB 2097 should be held in Committee and referring it for a study during the interim. There are over 8000 LEOFF 1 members who are most likely opposed to HB 2097 at this time.

There is no guarantee in HB 2097 that LEOFF 1 will even have any representation on the board. Don't we deserve more consideration than that? If nothing else HB2097 should definitely be referred to a study. This Bill can have far reaching implications for LEOFF 1 members, employers and the LEOFF 2 system.

There are also legal questions that should be answered before HB 2097 is passed to possibly negate future lawsuits

Thank you very much for your consideration.

Robert B Loar, Retired Seattle Firefighter,
1971

As a member of the LEOFF 1 retirement system, I was shocked to learn that this Bill has been introduced, and disgusted at the sneaky way it has come about. It seems that the failings of the LEOFF 2 system’s funding model are now causing the Legislature to look to the solid LEOFF 1 funds to bail them out. I urge you to stop this nonsense before it goes any further. To pass this Bill would be equivalent to saying to all LEOFF 1 members that the promises made by the Legislatures of old are worthless. You all know that the reputation of you, as our elected Representatives, is at stake.

Please consider the following points...

• HB 2097 should be held in Committee.

• This is a big step being moved too quickly.

• We deserve more consideration.

• If nothing else this should be referred to a study.

• The LEOFF 1 and LEOFF 2 systems are vastly different, with LEOFF 2 being the weak member. This merger would, quite simply stated, rob the LEOFF 1 system to help out the LEOFF 2 system. It is an unfair deal.

• This Bill can have far reaching implications for LEOFF 1 members, employers and the LEOFF 2 system.

• There is no guarantee in HB 2097 that LEOFF 1 will even have any representation on the board.

• The Washington State Council of Fire fighters in a meeting on Friday agreed to holding HB 2097 and referring it for a study during the interim.

• There are over 8000 LEOFF 1 members who are most likely opposed to HB 2097 at this time.

• There are some legal questions that should be answered before HB 2097 is passed to possibly negate future lawsuits. Again I urge you to stop this Bill immediately.

Thank you for your time and consideration.

Respectfully, William M. Tilley

President Kelly Fox
WSCFF
Olympia, WA.

Dear President Fox:

First let me introduce myself, I am a widow of a firefighter who spent 33 yrs in service, served on the WSCFF for ten years as one of the Vice Presidents under President Karl Hofmann of Everett. Those ten year were spent in getting LEOFF 1 where it is today. In gaining insight for the betterment of all Brothers/Sisters in the firefighting field my husband traveled from one city to the other, criss-crossing from Port Angeles to Spokane, Bellevue, Tri Cities to Aberdeen sitting down with all of the Union Presidents at the time asking what they could possible do to make their retirement system work for ALL involved.

I don't think I have to remind you that your title is President of WSCFF which is supposed to encompass ALL members and not just those of LEOFF 2. Honestly the way in which HB 2097 was presented after a meeting with President Warbrouck, Jerry Taylor and others....why was there no mention of this bill at the meeting and hurriedly rammed in after the fact. Why would you even think there would not be a reaction from us old retirees not to mention us being under the administration of LEOFF 2... talk about having a Fox guarding the hen house, your bias is bleeding through on the pages.

We are 8000 members strong, why isn't there a democratic system in place to ask our opinion as I'm positive that President Warbrouck would have gladly taken care of for us. You assured President Warbrouck that you would not push this Bill UNLESS LEOFF 2 failed to get fully funding. That statement is not very reassuring to us. The manner in which this bill was introduced, hurriedly, behind our backs, speaks volumes. We all need to be included in any decision making that affects our pension. This Bill needs to have more study, it needs to have legal questions answered and first and foremost we need to have representation.

I spent 10 of my wedding anniversaries at conventions, do I resent that, no because looking down the road it was for a greater good. My husband passed away and I feel the least I can do is honor his commitment and time involved in keeping LEOFF 1 in good shape.

You have a thankless job at times but honestly be fair to both sides as we certainly do not want to pit our brother/sisters from LEOFF 1 & 2 against one another and that is just what this bill does at the moment being crammed through in a hurry. Give us our time.

Best Regards, Eileen Harnett (widow of Lt. John Harnett
- Local 437 - Bremerton, WA.)

Sent: Wednesday, April 20, 2011 4:50:17 PM
Subject: RE: "Hateful Emails and Calls" Honorable Representatives and staff,

We were recently provided a copy of an email from Bud Sizemore entitled "Help for the hateful HB 2097- LEOFF 1 /LEOFF
2 merger calls and emails". We felt it was imperative that we join Mr. Sizemore in decrying inappropriate or hateful correspondence. We regret that Bud Sizemore found it necessary to apologize. It should have never come to that. However it is appropriate that he makes that apology on behalf of the Washington Council of Fire Fighters. It was obviously wrong for them to participate in bringing forward HB 2097 without informing the LEOFF 1 community of their efforts.

It was shameful that they would encourage you to support a bill by telling you it had LEOFF 1 approval and concurrence when they were well aware it did not.

We also regret that any LEOFF 1 member would make any personal or hateful remarks to you or your staff. It is however appropriate that they communicate to you their concerns about the legislation and their sense of betrayal by our brothers and sisters.

Unfortunately most of the individuals communicating with you are just ordinary citizens and are not as sophisticated in political rhetoric as the professional lobbyists in the employee of the labor organizations. Many of them are genuinely frightened. To the extent we can, we would extend the apologies of the LEOFF 1 community for any inappropriate comments.

The immediate goal of the LEOFF 1 community is to encourage the legislature not to pass HB 2097 but rather to put it over for further study in the interim. There are four principal reasons for this request.

• The issue is very complex. LEOFF 1 is comprised of over 40 years of legislation and litigation. The two pension systems differ significantly. Any merger needs to be very carefully crafted with consideration of the implications and impacts that would occur.

 

• The bill was dropped without any actuarial report or fiscal statement. Somehow this bill is supposed to generate an extra $15 million dollars but no one has yet been able to explain how or even if that would happen. Obviously any actuarial statement would require close examination and serious consideration.

 

• If the bill does not actually produce the extra $15 million then it is not a budget bill but is, rather, a pension bill. As such it should go through the Select Committee on Pension Policy first.

 

• The prospect of the merger raises significant legal and constitutional issues. A legal opinion needs to be completed to insure the bill meets legal standards and that the state will be unlikely to face litigation. On Friday, April 15th in a meeting with Kelly Fox, Craig Soucy and Bud Sizemore, Kelly Fox agreed that putting this bill over for study during the interim was their preferred option.

 

I am convinced that many of Mr. Sizemore's recent assertions as to HB 2097 facts are incomplete and inaccurate. I am sure that given the unfortunate assertions that the LEOFF 1 community supported this bill it is difficult to take his claims at face value. The true fact is that we do not yet have hard and verifiable facts about this bill. That is why we are asking to slow down I can assure you that given the opportunity our organizations will work closely and effectively with both the Washington Council of Fire Fighters and WACOPS to find some common ground in this matter.

We want to thank you for your service in the legislature. We know it is a difficult job and particularly so given the current budget challenges and conflicting interests.

Yours truly,

Jerry Taylor, President, Seattle Police Retired Officers Association

Richard Warbrouck, President, Retired Fire Fighters of Washington