Ethics Commission approves investigation of my complaint against Mayor Hoy

Really satisfying.

Today the Oregon Government Ethics Commission agreed to open an investigation into my complaint against Salem Mayor Julie Hoy that alleged she engaged in prohibited serial communications with members of the City Council that resulted in the forced resignation of City Manager Keith Stahley. 

You can read my complaint that's in the form of a blog post: "Here's my Oregon Government Ethics Commission complaint about Keith Stahley's forced resignation." Another person, Elliott Lapinel, also filed a complaint about the same allegation.

Both the Salem Reporter and Statesman Journal have stories about the investigation. Here's excerpts from the Salem Reporter story by Joe Siess, "Ethics commission votes to investigate Salem mayor, councilors over possibly unethical communications."

The Oregon Government Ethics Commission voted Friday to investigate Salem Mayor Julie Hoy and all seven Salem city councilors to determine if they participated in an illegal serial meeting leading up to former Salem City Manager Keith Stahley’s abrupt resignation in February. 

The commission voted 5-2 with one commissioner not voting due to a conflict of interest, to initiate a full investigation into a possible prohibited serial meeting between the mayor and city councilors. The commission agreed that there was a “substantial objective basis” that Hoy and her colleagues violated state ethics rules and that an investigation is warranted. 

The councilors subject to investigation are Irvin Brown, Linda Nishioka, Shane Matthews, Deanna Gwyn, Vanessa Nordyke, Micki Varney, and Paul Tigan.

The investigation was triggered by a complaint filed in March by a Salem resident. 

Executive Director Susan Myers explained that a prohibited serial communication is when a quorum of a government body, in this case the Salem City Council, communicates to deliberate or decide on a matter that is within the governing body’s jurisdiction. 

In this case, members of the commission argued, the subject of the city manager was within the council’s jurisdiction. 

...The commission will now proceed with a full investigation into the matter. If it is determined that Hoy and her colleagues engaged in a serial meeting, each will be issued a letter of education, creating a record the commission can point to in the event that a similar incident should occur in the future, Myers said during the executive session.

And here's an excerpt from the Statesman Journal story by Whitney Woodworth, "Oregon Ethics Commission votes to investigate Salem Mayor Julie Hoy, city council."

The Oregon Ethics Commission voted June 13 to investigate Mayor Julie Hoy and Salem city councilors to determine whether the city council violated state public meeting laws surrounding the resignation of former City Manager Keith Stahley.

A series of phone calls, texts and meetings that triggered Stahley's resignation led to accusations of violating serial communication laws for governing body matters.

Investigators said the complaint alleges Hoy had individual conversations with the majority of the city council discussing whether Stahley should be asked to resign from his position as city manager and that the communications happened outside of a public meeting.

My complaint consists of three parts: (1) The initial grievance I filed with the City of Salem, (2) The City of Salem response to my grievance, prepared by a Portland legal firm, and (3) My response to the legal firm's arguments. This is a key section in item (3) that conveys the gist of why I believe Mayor Hoy engaged in prohibited serial communications with city councilors.

The City's response quotes the Oregon Administrative Rule included in my grievance, highlighting via boldface and underlining certain elements of the rule.

 

“A quorum of the members of a governing body shall not, outside of a meeting conducted in compliance with the Public Meetings Law, use a series of communications of any kind, directly or through intermediaries, for the purpose of deliberating or deciding on any matter that is within the jurisdiction of the governing body.”

 

My contention is that according to this Administrative Rule, the facts of this case support this complaint against Mayor Hoy.

 

-- It is undisputed that Mayor Hoy spoke with a quorum of the City Council, meaning a majority of the eight current members, which is five (one seat is vacant).

 

-- It is undisputed that Mayor Hoy's conversations with councilors took place outside of a meeting conducted in compliance with the Public Meetings law.

 

-- It is undisputed that Mayor Hoy's one-on-one conversations with city councilors comprised a series of communications about whether Stahley should consider resigning.

 

-- It is undisputed that the purpose of Mayor Hoy's serial communications had the purpose of deliberating or deciding whether Stahley should consider resigning. 

 

-- It is undisputed that deliberating or deciding whether Stahley should remain as City Manager is within the jurisdiction of the City Council.

 

Given these undisputed facts, it isn't surprising that the City engages in some grasping at legal straws in an attempt to excuse what Mayor Hoy did.

 

This is how the Oregon Government Ethics Commission describes the Investigation phase on its web site.

 

​If the Commission finds cause to pursue the case at the end of the preliminary review phase, the investigative phase will begin. The Commission has 180 days to investigate. During this time Commission staff may seek additional information and issue subpoenas for documents and oral testimony.

A staff report is prepared at the end of the investigation phase. This report will be considered by the Commission in a regular public meeting. Both the person who complained and the person the complaint is against will be sent copies of the report about one week prior to the meeting. At the meeting, the Commission may:

• • Dismiss the case,
  • Continue the investigation for no more than 30 days,
  • Find that Oregon Government Ethics, Lobby, or Public Meetings Law was violated,
  • Seek a negotiated settlement, or
  • Take other appropriate action if justified.

If the Commission finds a violation, the case will be moved to the contested case stage. If not, the case will be dismissed. The Commission is the only entity that can decide if a violation has occurred.