City of Downey v. Board of Administration

The appellants are the Cities of Downey and Glendora, as well as two individuals employed by Downey, an employee of Glendora, and an employee of the City of Santa Monica. This litigation revolves around the effect of certain legislation (Stats. 1971, ch. 170) amending the Public Employees’ Retirement Law (Gov. Code, §§ 20000-21500.)

Contentions

The municipal appellants urge that the 1971 amendments had the effect of giving or lending their credit to the state and to other contracting agencies under the retirement law, in violation of former section 25, article XIII, of the California Constitution.

Downey, a charter city, likewise argues that the amendment violates the home rule powers conferred upon it pursuant to article XI, section 5, of the Constitution.

Appellant Jeremy B. Ferris, an employee of the chartered City of Santa Monica, makes the converse claim: that only that city, and not the Legislature, could make changes in amounts to be contributed for retirement purposes. And, arguing that the effect of the 1971 amendments was to make his retirement contributions potentially usable to help cover a statewide deficit in the system, he contends that the amendments…