We have learned that the LEOFF 2 Pension Board is in posession of a legal opinion. I guess the State Attorney General was not adequate, so they hired a Florida lawyer to do the review. We have not seen the report because, like everything else about this bill, it is a secret. The only report we have is that their lawyer saw not "red flags". We have had two highly respected Washington lawyers review this bill. Both found areas of serious concern. A report is being generated to detail these concerns.

It is still important that you continue to contact your representatives and urge them to hold this bill over for further study.  Do not let up the pressure.  As long as the legislature is in session we are in danger.

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 note and without consulting any LEOFF 1 member for input. Since the bill was on a fast track the legislators are deprived of a full vetting of the impact of this bill on the two pension systems.
  • The prospect of the merger raises significant legal and constitutional issues. We understand a Florida lawyer has indicated there are “no red flags” raised in his review. Two prominent Washington lawyers have indicated there appear to be significant legal issues. Obviously this is yet another reason the bill should be held for study in the interim. None of these lawyers has had an adequate opportunity to do a complete and exhaustive study of the concerns.
  • 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.
  • We have seen numerous statements about what the bill will do and what it won’t do. Of course there is the typical claim that there is a lot of misinformation floating about. Obviously it is possible to make arguments about the nuances and potential changes that will be created by the merger. Through all of these arguments one thing is clear – the bill needs more study. We really do not know what the impacts might be. Maybe nothing as claimed the supports or maybe the end of the world as claimed by the opponents. This disagreement is rooted in the fact that the bill was hastily put together and the issues were not properly investigated.

    The bill should be held over for the interim so that all of the concerns can be studied and addressed. All of the stakeholders should have an opportunity for input.