Tuasday, April 27, 1982
Eugana, Oragon
Oregon daily
Volume 83
Number 139
Law firm fires first in lawsuit
Group upset by 57-pages
of ‘life-history’ questions
By Ann Portal
Of tha Emerald
The first volley has been fired by the Philadelphia law
firm hired to defend the State Board of Higher Education
against a federal class-action sex discrimination lawsuit
Morgan, Lewis and Bockuis, the 300-member firm
hired by the board as a consultant in the case, last week
sent each of the suit’s nine female plaintiffs a questionnaire
that must be returned to the plantiffs attorney by May 1
The questionnaire is 57 pages long and asks for
instances of alleged discrimination, past places of em
ployment. past salaries, all sources of income, current
assets and liabilities — 'essentially everything, " says Jane
Gray, a University biology professor and one of the
plaintiffs
Another plaintiff, math prof. Anna Penk of Western
Oregon State College, says, "They ask my whole life
history in this questionnaire ' She says that she has spent
all her spare time for 10 days on the questionnaire, and is
not yet halfway through it.
"Sometimes I get so frustrated I could just scream."
Penk says "I'm quite sure they're hassling us "
She says the state's attorneys seems to be stalling,
although the case is moving through the court relatively
fast "They ought to know by now we are quite deter
mined." Penk says
The lawsuit, filed two years ago, was certified as a
class-action suit in October by U S District Court Judge
Helen Frye The class-action ruling means that instead of
having to pursue affirmative action lawsuits on their own,
all faculty women employed in the state system as instruc
tors or professors since July 1979 are represented by the
suit
Penk says that the questionnaire is the state s first
request for information from the women plaintiffs But
many of the questions have "no value " she says,
speculating that the Philadelphia firm is giving the state
advice on "how to hassle" the women involved in the suit
To get information from the state, the plaintiffs have
already had to go to court twice, and expect to go a third
time, Penk says The lag between requesting and getting
information has ranged from three to nine months, she
says
Because getting information from the state has been a
struggle, the women want to be reasonable and comply
with any requests made by the state. Penk says
Jerry Casby assistant attorney general and attorney
for the State Board of Higher Education, says that "inter
rogatives are a standard part of any litigation The
plaintiffs have sent him six different sets so far — and this is
just the beginning, he says
Everything we’ve asked is directly relevant," Casby
says "I wouidn t have asked it if it weren't necessary I
don't want to hassle anybody."
The women seem to feel just filing the suit is proof that
the state system is liable for damages, he says, adding that
"I've maintained from the start that the system is not liable
and I'm going to prove that."
Photo by David Corey
Jane Gray, a University biology professor and a plaintiff
in a class-action sex discrimination suit, leafs through
a hefty, 57-page questionnaire from a Philadelphia law
firm.
The women's attorney. Portland lawyer Don Willner,
would have gone before Judge Frye if the questions had
not all been relevant, Casby says
Willner declined to comment on the class-action suit,
though he points out that both sides in lawsuits have a right
to request both oral and written testimony
The next step in the lawsuit is up to the plaintiffs, who
expect to have enough information to be able to file in court
sometime in June, Penk says
British seize harbor;
House of Commons
lauds Prime Minister
SOUTH GEORGIA, Falkland Islands (AP) - British
marines seized a second harbor from defiant Argentine
holdouts Monday to complete the recapture of frigid and
desolate South Georgia island, British officials reported.
London’s strategists next turned their aim on the
Falkland Islands, and one report said a preliminary British
landing on the well-defended archipelago might be only a
day or two away.
But British Prime Minister Margaret Thatcher, cheered
by her supporters in the House of Commons, declared
Britain still hopes to end the South Atlantic crisis by
negotiation.
"As the British task force approaches closer to the
Falklands, the urgent need is to speed up the negotiations,
not slow them down,” she said.
In Buenos Aires, the Argentine government main
tained mostly official silence on the reported defeat and
capture of its small force at South Georgia, 1,100 miles
east of Argentina's southern tip. Military sources were
quoted as saying some troops retreated into the icy
back-country of South Georgia and “resistance contin
ues.”
Outwardly at least, negotiations appeared at a
standstill.
Argentina’s foreign minister, Nicanor Costa Mendez,
said Sunday Britain’s attack on South Georgia meant
peace talks were out of the question "for the time being.”
He presented his nation’s case Monday before an Organ
ization of American States meeting in Washington, where
the members unanimously called on Britain and Argentina
to avoid using force in the dispute.
But, President Reagan said the U S. mediation effort to
defuse the explosive confrontation would continue.
U S. Secretary of State Alexander M. Haig Jr. has been
working to make peace between the two sides since soon
after Argentine forces seized the Falklands and its usually
uninhabited South Georgia dependency April 2-3. Argen
tina has long claimed the Falklands, which were held by
Britain for the past 149 years.
In the British House of Commons, Michael Foot,
leader of the opposition Labor Party, urged that the United
Nations be asked to help settle the conflict.
A U N spokesman in New York, Francois Giuliani,
said Secretary-General Javier Perez de Cuellar’s office
was drawing up contingency plans in case it is "called
upon to play a role” in the crisis.
In London, Lt. Col. Tim Donkin of the Royal Marines
gave reporters this account of the capture of South
Georgia, which began early Sunday afternoon:
Helicopters from the 61-ship British armada in the
South Atlantic flew over the Argentine submarine Santa Fe
in South Georgia's Grytviken harbor, and Grytviken’s
Argentine defenders opened fire. British helicopter gun
ships then scored three direct hits on the submarine.
British warships next began bombarding the harbor,
and under their covering fire helicopters ferried the British
marines onto land, over the mine-filled harbor
Measure seeks city ‘water-fund
By Brad Barton
Ot »/>• Em»raPd
Oregon voters soon will be asked to
decide whether the state should expand
its Water Development Fund to include
loans tor municipal water projects
Ballot Measure 1 — on the May 18
primary ballot — would amend the
Oregon constitution, which now allows
the state to support irrigation and drain
age projects by borrowing up to 1 ’/*
percent of the true cash value of all
property in Oregon. The measure would
permit up to half of this fund to be used for
municipal water projects in towns with
less than 30,000 residents
As a State Senate joint resolution, the
measure would limit loan eligibility to
Oregon residents while expanding
eligibility to include municipalities
More than 500 Oregonians signed a
petition requesting that an argument in
favor of the measure be printed in the
state voters' pamphlet
Democrat Dave McTeague, a Universi
ty political science graduate running for
the 5th U S. Congressional District, writes
‘‘One natural resource essential to
Oregon's quality of life is pure drinking
water. Another is Oregon’s rich fertile
farmland, like our Willamette Valley.
Our great-grandchildren should share
our clean water and family farm heri
tage ”
McTeague’s argument goes on to say,
“In 1977 voters approved the Water
Development Fund to allow low-interest
loans for irrigation projects. The voter's
major purpose was to aid Oregon’s Small
Family Farmers. Our law granted them
loan preference.
"However, the Legislature goofed! A
major legislative flaw created two dan
gerous loopholes which could allow: a)
funds to be given to large foreign or
out-of-state corporations b) funds to ge
given away without repayment requir
ements. Measure number one inserts for
loans for residents of this state’ in our
Constitution, filling this loophole.’'
No arguments against the measure
were submitted for the voter's pamphlet.
An assistant to Albany City Manager
Primary '82
Ballot Measures
William Barrons says the Albany City
Council last week passed a resolution in
favor of the measure.
Gerald Pacinorsky of the Oregon City
Water Office says “In the future, there will
be a need to construct an additional
reservoir for Oregon City's water system.
"This measure will be helpful — small
cities need help with these large ex
penses," Pacinorsky adds.