The NEWS index
Some items from The Rio Linda
Elverta News, October 20, 2005:
Water Board Director Harris gets her wish? Retired General Manager sues district
Community Council to hold first meeting Oct. 26th
Water Board Director Harris gets her wish? Retired General Manager sues district
Community Council to hold first meeting Oct. 26th
Published
in Rio Linda Elverta News October 20, 2005 - Scroll for other articles
Water Board Director Harris gets her wish?
Retired General Manager sues District
by Jay O'Brien
Mike Phelan, who retired as General Manager of the Rio Linda/Elverta Community Water District (RLECWD) in 2001, has filed a petition in Superior Court asking the Court to force RLECWD to reinstate his health benefits. Phelan, who has been receiving health benefits from the California Public Employee Retirement System (PERS) as agreed by the RLECWD Board of Directors when he retired, will lose those PERS benefits on December 31, 2005, as a result of a RLECWD Board Resolution adopted in July 2005.
Phelan's Petition for Writ of Mandate claims the RLECWD's action violates state and federal law and contravenes RLECWD's contract obligation to Phelan and other retirees. The petition, besides asking for repeal of the Resolution, also seeks an award of attorney fees.
Rhonda Canby, Phelan's attorney, said on October 18th, "Unless we hear from the District today that it will pay the full cost of retiree health benefits, we will be filing the papers to support our position at the December hearing." Canby is with the Downey Brand LLP law firm.
Phelan said, "It appears we are headed to Court on December ninth".
Two years ago, during a RLECWD Board meeting on October 23, 2003, Director Mary Harris, attempting to reduce Phelan's benefits, referred to a potential legal claim by Phelan. Harris said, "Let's let that lawsuit happen..." Harris, later at that meeting, said to the Board, "So let's make a loud statement to Mr. Mike Phelan. If he sues us, please encourage him to sue us..."
Harris may get her wish.
Water Board Director Harris gets her wish?
Retired General Manager sues District
by Jay O'Brien
Mike Phelan, who retired as General Manager of the Rio Linda/Elverta Community Water District (RLECWD) in 2001, has filed a petition in Superior Court asking the Court to force RLECWD to reinstate his health benefits. Phelan, who has been receiving health benefits from the California Public Employee Retirement System (PERS) as agreed by the RLECWD Board of Directors when he retired, will lose those PERS benefits on December 31, 2005, as a result of a RLECWD Board Resolution adopted in July 2005.
Phelan's Petition for Writ of Mandate claims the RLECWD's action violates state and federal law and contravenes RLECWD's contract obligation to Phelan and other retirees. The petition, besides asking for repeal of the Resolution, also seeks an award of attorney fees.
Rhonda Canby, Phelan's attorney, said on October 18th, "Unless we hear from the District today that it will pay the full cost of retiree health benefits, we will be filing the papers to support our position at the December hearing." Canby is with the Downey Brand LLP law firm.
Phelan said, "It appears we are headed to Court on December ninth".
Two years ago, during a RLECWD Board meeting on October 23, 2003, Director Mary Harris, attempting to reduce Phelan's benefits, referred to a potential legal claim by Phelan. Harris said, "Let's let that lawsuit happen..." Harris, later at that meeting, said to the Board, "So let's make a loud statement to Mr. Mike Phelan. If he sues us, please encourage him to sue us..."
Harris may get her wish.