Retiree Update

[cdillon]

Subject: Retiree Update-ATTORNEY/CLIENT COMMUNICATIONS



From: Clint
Sent: Thursday, July 02, 2015 11:10 AM
Subject: Retiree Update - ATTORNEY/CLIENT COMMUNICATIONS





Dear Retirees,



After Judge Cohen's striking of the Korshak audit motion for the last half of 2013, here is our thinking of strategy going forward.



We're in for a long battle, and we have a plan for dealing with their strategy of just delay and diversion.



This is the second time that Judge Cohen has made a ruling that, while not damaging our claim, nonetheless enables him to avoid ruling on the merits of our claims against the city. Consequently, one thought is to reconsider whether we want our "main" case before him, where he'll have to rule on the merits of the claims, when briefing is completed. I've not come to a final conclusion on this, nor do we need to for a while.



The import of his ruling on the Korshak audit motion is that we'd have to file another complaint on this, in order to get jurisdiction in the circuit court with respect to the claims for the audit and reconciliation of the six month period. We can ask leave to amend the Underwood complaint to add a count for the six month period, as a better alternative than just filing a separate new complaint, which new complaint the city would likely remove to federal court, delaying action on it for something like another year. Presumably, Judge Cohen will not deny us leave to add the count to the Underwood complaint.



Applying the theory of taking the enemy's shot and using it as momentum against itself, our thinking is that we add the count for the six-month period, plus take the city's arguments that it was a new plan, under which the benefits are to subsidize healthcare at least 55% (with audit and reconciliation) as protected for life under the Illinois constitution, as another possible outcome of the case.



So, we're in for a long battle, and we continue to need your help (i.e., contributions need to continue). The FOP and RCPA appear to have reached the end of their contributions, so we need your support more than ever. If you have ideas of other organizations, such as the fire fighters and other unions, I'm open to contacting them, but may need your help as well.



Every 4th of July, I think about how fortunate we are to be able to pursue this fight for you, in the spirit that our freedom and duty to hold government accountable is unique to the spirit of our nation and fundamentally ennobling us as active citizens! Happy Fourth of July to us all!