In the legislature's pursuit of resolution to the PERS debacle, how has it managed to sidestep our country's basic underlying principle of fairness to the "commonweal." In contract law, a contract that is patently unfair to one of the signing parties reasonably can be nullified when defined by the legal concept of "unfair advantage." Why in the world is a PERS contract any different?
Certainly, the "commonweal," defined as the common welfare and the public good and which is an historic doctrine of relatively equalized treatment of the general public, should take precedent in all actions of the legislature. That is why we have a "Legislature." They make laws and they can change laws. The laws they make are by their very nature, "pacts" to assure fairness to all. Their job is to resolve this amazing state of PERS's gross "unfair advantage" over the Oregon public. Now.
Marc Paulsen, Milwaukie
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