RESOLUTION No. 36309

Authorize City Attorney to appeal judgment remanding case to Civil Service Board, in Gymkowski-McGee v. Civil Service Board of the City of Portland, Multnomah County Circuit Court Nos. 0404-03783/0404-03645 (Resolution)

WHEREAS,  The plaintiffs alleged that the Civil Service Board of the City of Portland had jurisdiction to hear promotional appeals and that the Civil Service Board of the City of Portland’s rules violate state law; and

WHEREAS,  The City of Portland contended that the Civil Service Board does not have jurisdiction to hear promotional appeals and that the Civil Service Board rules were in compliance with state law; and

WHEREAS,  The trial court agreed with plaintiffs and remanded the case to the Civil Service Board and invalidated the Civil Service Board rules; and

WHEREAS,  The Civil Service Board of the City of Portland believes that the trial court erred; and

WHEREAS,  The City Attorney has advised the Civil Service Board of the City of Portland that there is a legitimate basis to appeal the order;

NOW, THEREFORE, BE IT RESOLVED that the City Attorney or her designee is authorized to commence an appeal in the Oregon Court of Appeals, and to pursue it to its conclusion in any higher court, of the order of remand in Gymkowski-McGee v. Civil Service Board of the City of Portland, Multnomah County Circuit Court Nos. 0404-03783/0404-03645, and, in furtherance or resolution of such appeal, is authorized to make any stipulation, agreement or admission as in her judgment may be in the best interest of the City.

Mayor Potter

Ben Walters:NEA:lw

March 21, 2005

BACKING SHEET INFORMATION

AGENDA NO. 316-2005

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 36309