A tiny band of critics lodged a complaint with OGEC alleging possible ethics violations. No, I am not talking about that tiny band of advisory committee critics who complain that the current commissioners are incompetent and unqualified, that the county is inefficient, on the verge of insolvency and so broken that the entire organization should be thrown out and turned over to a superhero, AdminMan. No, I am also not talking about that tiny band of small businessmen who regard themselves as more expert about running a government than long time civil servants. Nor am I talking about that tiny band of corporate backed, good ole boy marionettes posing as forward thinking candidates for commissioner. The tiny band behind this complaint actually know what is going on because they take the time to regularly haunt the commission meetings.
The full text and accompanying exhibits will be published here once OGEC acknowledges receipt. The complaint covers multiple topics but I am including a section relevant to the Michael and Lynda Cole discrete parcel matter because I recently received a response from Fred Messerle refusing to release audio from the May 31 executive session and that almost read like a detailed confession. (The letter was clearly written by county counsel but signed by Messerle).
Our second issue of concern relates to Commissioners Messerle and Parry intervening in a local land use matter on behalf of Michael and Lynda Cole. Specifically, we are concerned that Commissioners Messerle and Parry had ex parte contacts with the Cole’s or their representatives and improperly interjected themselves in the land use decision-making process to achieve a favorable outcome for the Cole’s. In doing so, we believe that Commissioner Messerle conducted an illegal executive session on May 31, 2012. We believe the executive session was illegal and improper because:
(1) ORS 192.660(2)(h) was cited as the justification for the executive session even though there was no litigation “likely to be filed.”
(2) We believe that investigation will show that Commissioner Messerle and his fellow members of the Board made a final decision to resolve the land use matter in favor of the Cole’s at this executive session (or possibly a subsequent one) in violation of ORS 192.660(6).
(3) Mr. Messerle’s own email, attached as Exhibit 1, indicates the executive session relating to the Cole matter was used to provide directives to County personnel and to evaluate county goals, objectives and operations in direct violation of ORS 192.660(8).
The person who has the most direct knowledge of the violations described above is a person by the name of Patty Evernden. Although she has since retired, Ms. Evernden was the director of the Coos County Planning Department at the times material to this complaint and has personal knowledge of the executive session regarding the Cole matter and the surrounding events and circumstances. We strongly encourage the Ethics Commission to contact Ms. Evernden in its investigation of this matter.
In conjunction with the above, it is important to know that the Commissioners use of executive sessions to circumvent Oregon public meeting laws appears regular, sustained, and ongoing. For example, on March 6, 2012 the Coos County Board of Commissioners held an executive session relating to important public issues concerning the County’s relationship with a private company by the name of Waste Connections. The Commissioners justified the executive session based solely on the two letters attached as Exhibit 2 and the “likely litigation” provisions of ORS 192.660(2)(h). Quite obviously, the two letters attached as Exhibit 2 fail to evidence the existence of litigation “likely to be filed,” and in fact, no litigation of this situation has subsequently been threatened or resulted.
The board paid the planning department invoice dated June 18, 2012, requesting reimbursement of $3,222.75 resulting from board interference in planning matters on the 28th of September.
Wow! Looking forward to learning more. I wonder if the World will bother to “share” the information with the public. They seem to be Mr. Messerle’s greatest supporters. Perhaps this information ought to be shared with the Oregonian and Register Guard. We are much more likely to get “real” news through those two papers. I can’t believe the corruption the World has been ignoring or smoothing over. it’s downright scarry!
I doubt the paper will mention anything this close to the election. Remember, they never reported on the port lying about calling a state of emergency regarding the railroad and they never reported that Fred’s son/company blew out a fish bearing stream without a permit…. they would rather pick on community action groups and food banks than go up against the “network”