A new complaint filed with the Oregon Government Ethics Commission says candidates for the office of Assessor were discussed outside of the public view. “The Executive Session was held on Friday, January 14th, 2011 and lasted all day”. The complaint is filed by Jaye Bell, one of four who sat on a panel to select an assessor after Adam Colby was recalled.

The complaint says:

Three candidates were interviewed for the assessor vacancy. Commissioner Bob Main chaired the meeting and insisted that everything to do with the assessor selection be done in Executive Session. The pros & cons of each candidate were discussed by the committee members and Mr. Main. One candidate was eliminated. Then-assistant county counsel Oubonh White sat in on the entire meeting and freely deliberated on the candidates. Three of the four panel members were hand picked by Commissioner Main, and personally known to him. Two of the committee members had been assured by Bob Main of a 6 month renewable contract as consultants on call for the assessor’s office.

The following Monday Main is reported to have told then-commissioner Andy Jackson (absent but on the phone) that the committee of four had voted three to one on which candidate to select. Although I was a member of that 4-person committee, I was never advised of a vote being taken. I would be interested in seeing the minutes of when and where the committee ostensibly assembled in order to cast their votes.

I do not know if they were in open session or Executive Session when then-commissioner Jackson cast his vote.

That deliberations occurred in executive session is not so surprising in light of the unauthorized executive session held last week to select a new commissioner. What is a startling revelation, however, is that then assistant county counsel, Oubonh White not only sat in on those proceedings but, according to the complaint, freely participated in the closed discussion about the candidates in direct violation of Oregon statute. Today, it is believed White will be promoted to replace the long absent Jacqueline Haggerty.

White formerly worked in the district attorney’s office as a prosecutor. Let’s hope Ms White bones up on Oregon’s public meeting rules going forward.

The public have the right to hear the audio proceedings of these unauthorized deliberations. Requests have been sent to the commissioners to release the audio from May 10, 2011. So far there has been no reply. It is now imperative the public demand the audio from January 14, 2011 as well. Oregon statute clearly says the public has the right to oversee the deliberations related to filling an elective office. We may have to ask the district attorney and the government ethics office to enforce our rights.

If the allegations above are true White is either not qualified to be county counsel or willingly engaged in denying the public’s right to oversee these deliberations.
To file a complaint with the Oregon State Bar simply write a letter to

Oregon State Bar
Client Assistance Office
P.O. Box 231935
Tigard, OR 97281-1935

503-620-0222 or toll free in Oregon 800-452-8260