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About The Dalles chronicle. (The Dalles, OR) 1998-2020 | View Entire Issue (Feb. 1, 2020)
LOGO District feared confusion Continued from page A1 design elements, with the sole exception be- ing that below the words “Mid-Columbia,” one says “Firefighters” and the other says “Fire & Rescue.” After the district trade- marked its version of the logo, it demanded last June that the union stop using its version. When the union didn’t, the district sued in Wasco County Circuit Court. The suit sought compensato- ry damages and payment of its legal costs. In a press release, the dis- trict said the matter is head- ing to a closed-door media- tion session on Feb. 10 before Senior Judge Paul Crowley, a retired circuit court judge. Previously, another judge granted the fire district a temporary restraining order barring the union from using its logo. In the press release, the district said that while the legal costs “may be protect- ed from disclosure” under state public records law, the district chose to provide it “because the public needs to be aware of what the union’s actions in violating the dis- trict’s copyright has cost the district.” It said the union’s unwill- ingness to stop using the logo when the district demanded it “has resulted in the expen- diture of these funds.” Hammel said when he requested the legal expendi- tures on Jan. 15, he got a reply Jan. 17 telling him the infor- mation may be exempt from public disclosure under a law regarding public records pertaining to litigation. Hammel said that law notes public interest could be factored in deciding wheth- er information should be released. Weekend of February 1-2, 2020 A9 The Dalles Chronicle TheDallesChronicle.com Hammel told the Chronicle before the meeting, “I’m troubled with the amount that’s being spent over a door logo.” He asked how often fire districts trademark their lo- gos. “Not very often that I’m aware of.” In the press release, the fire district said it sued over the logo because it had legal rights to its service mark. “When those rights are violat- ed the district has little choice but to act. The union’s use of an unauthorized and con- fusingly similar mark causes public confusion. The public cannot be led to believe that the district supports all the union’s political activities. This action has resulted in a temporary end to this occurring.” An investigation commis- sioned by the district last spring concluded the district sought the logo first. The company that created the logo told the inquiry that its work was done for the dis- trict, not for the union. The union said it created and paid for the artwork in the logo, and it had been using it for some time. Hammel told the board that the inquiry, by Portland HR Solutions, Inc., was incomplete because he was not interviewed for it and he had a role in the logo process, which began several years ago. The fire board’s press re- lease said that Hammel told a representative of the district that he would not respond to the inquiry unless he was subpoenaed. Hammel, in turn, said that he did tell the fire district’s labor attorney that he would have to be subpoenaed in order to testify at an unfair labor practice matter a year ago. That matter was settled. Hammel said the labor attorney asked him a ques- tion regarding the logo “and I gave him an answer. He was not part of the HR Solutions report that I am aware of.” When he spoke at the meeting, Hammel said the district had spent $135,000 on legal expenses from last July through December, the first half of the fiscal year. He said that was 225 per- cent of the amount budgeted for the full year. He later told the Chronicle that the six-month figure was more than had been spent on legal expenses in the last three years combined. The district is facing a protracted union contract ne- gotiation, which has stalled, and is also facing an unfair labor practice complaint, which will be heard in The Dalles on Feb. 20. Hammel said in the last two months of 2019 the dis- trict spent just over $82,000 in legal fees. Because there was a hearing in Wasco County Circuit Court with a number of attorneys representing the district, Hammel said he was assuming most of that two-month legal expense was related to the lawsuit. He said the $82,000 could have paid for half of an addi- tional firefighter. He said it would’ve paid about 66 percent of the cost for a new staff vehicle to replace the one which was recently wrecked. A fire district press release said a chief officer was responding to a fire on New Year’s Eve that destroyed a house, and when no off-duty firefighters reported to the station when extra help was called for, he returned to the station to get a fire tender, which is an apparatus with a water tank on it. The chief officer’s vehicle hit a bollard and fire hydrant on the open training grounds, shearing off the hydrant. The 2003 vehicle had a value of about $2,500 and was bud- geted for replacement this fiscal year, according to the press release. The hydrant has not yet been replaced. Hammel said the $82,000 would buy about 32 sets of ACUPUNCTURE turnouts, 11 breathing appa- ratus, or 19 percent of what the district said during the bond campaign that it should be putting away each year in a reserve to replace fire apparatus. He said the district passes a balanced budget each year, and the unbudgeted expen- diture in legal fees will have to come from somewhere. The press release said that if a fund adjustment is re- quired, the money will either be transferred from contin- gency or from adjusting the ending fund balance. Hammel told the board it was time to “step up and take action” and “end what ap- pears to have developed into a personal battle between parties.” Asked whether Fire Chief Bob Palmer or the board wanted to pursue litigation • Offering Acupuncture, Allergy Elimination and Custom Chinese Herbs. • Very effective style of Acupuncture, often relieves pain during the first treatment • Treatments in Recliner Chairs or on massage tables • Accept and bill most insurances, Worker’s Comp, PIP claims • Accept Veterans Choice, ask us how! • Many insurances in OR and WA cover Acupuncture, free insurance check! • Sliding Fee Scale, monthly payment plans, VISA/MC • Wheelchair accessible locations, free customer parking • Open Monday - Saturday • No physician referral needed • New Patients welcome. 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To do this, the only reasonable action is to request Chief Palmer’s resignation.” The press release said that Palmer had received consis- tently high marks from the board on his annual evalu- ations, and the board was not considering firing him, “and would not do so unless warranted.” Mike Kilkenny DERMATOLOGY CASCADE ACUPUNCTURE CENTER, LLC over the logo, the press re- lease said the decision to sue was made by the board on advice of legal counsel. Casey DePriest, the wife of a retired firefighter, also spoke, asking that the district replace Palmer. She said she was retired from government, and that she’d always hated when people told her taxpayers paid her wages. “I hate that, but now I get it. As an adult, and taxpayer, every penny counts, you’re on a fixed income now, and how your tax dollars are spent matters. Those that have the power to spend your tax dollar matters.” She said she realized the district had “deeper issues” than “this one lawsuit. 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