On August 31, 2009, our office filed FURA’s Motion for Peremptory Writ of Mandate, asking the Superior Court to restore FUSD retirees’ promised, lifetime benefits, without premiums, fees or contributions. In support of the Motion, we submitted 39 sworn witness declarations from former superintendents, negotiators, recruiters and other witnesses, and deposition testimony from 8 more. Thousands of pages of documentary evidence were presented, along with a 25 page Index of Evidence and FURA’s legal argument. FURA’s Motion and Index of Evidence are available on FURA’s website at http://www.fura-fusd.org.
During Fall 2009, the District deposed twelve of the witnesses who provided FURA with sworn declarations. These witnesses consistently reiterated their understanding of the District’s promise to provide FUSD eligible retirees with premium-free, fully-paid, lifetime health benefits.
On November 23, 2009, the District filed its Response to FURA’s Motion for Peremptory Writ of Mandate. The District’s Response included five sworn witness statements (including one from its legal counsel), and no new documentary evidence. In its response, the District attempted to muster arguments justifying its failure to provide FURA retirees with premium-free lifetime benefits. Our office anticipated these arguments, believe them to be entirely without merit, and is currently working on its formal Reply to the District’s Response to the Motion.
FURA is allowed until January 20, 2010, to file its Reply. On March 5, 2010, at 9:00 a.m. in department 97D, the Court will hold a hearing on FURA’s Motion. We strongly encourage all retirees to attend this important hearing, during which the Court will hear the parties’ arguments on the merits of the case.
by David Conway, attorney
Law Offices of Robert J. Bezemek
Thank you for your donations. EVERY DONATION COUNTS! The $5.00 donation from the 93 year old retired elementary teacher and more than $1000.00 each year from some of you. I am humbled by your generosity and dedication to our cause.
It is obvious to me, your treasurer, that retirees who do not donate consider themselves “safe” from increased premiums because they are “over 75” or are oblivious to the ramifications as to the size of premiums that FUSD will impose upon us if FURA loses this legal action. Every retiree and their dependent’s health benefits are at risk.
Retiree’s who support FURA with donations will be the ones getting the newsletters and updates. If you have friends that do not receive this newsletter it will be because they have not donated.
by Barbara Thomas
The December 18 Court Hearing has been changed to:
March 5, 2010
Fresno County Civil Court House – Dept. 97D
Tuolumne at N Street
Protect your Health Benefits!
SEND YOUR CONTRIBUTION TO:
Fresno Unified Retirees’ Association
PO Box 1717, Clovis, California 93613