8 — THE BAKER COUNTY PRESS
FRIDAY, MAY 1, 2015
Local
Ethics complaint: nonjurisdictional
CONTINUED FROM PAGE 1
Rancher and fellow
NRAC member, Kody Jus-
tus, had filed the complaint
asking for a review into
any potential conflict of
interest.
At that March 18 meet-
ing, during the agenda
item for appointing new
members to the NRAC, the
discussion as transcribed
from the County’s official
audio recording of the
meeting is as follows:
Commission Chair Bill
Harvey says, “Next on is
the matter of reappoint-
ment of members to the
Natural Resource Advisory
Committee, Order 2015-
112, Laurene Chapman,
Dick Fleming, Jan Kerns
and Lane Perry.”
Commissioner Mark
Bennett then says to Kerns,
“First of all, you have to
declare a Conflict of Inter-
est.”
Kerns replies, “I do?”
Bennett responds, “Yes.”
Kerns then says, “I
don’t do anything she (Jan)
doesn’t tell me to do.”
Harvey says, “We didn’t
hear that, Tim.” Laughter
is heard in the background
before Harvey continues
with, “Is there a motion to
accept these nominees?”
Bennett then says,
“Yes, I think they should
be commended. Some
of them are sitting here;
they have done yeoman’s
work and as we move into
coordination it’s going to
be an even bigger task. So,
I think that we certainly
need to approve these
folks. I move that we do.”
Harvey says, “I make the
second. All in favor say
aye.”
At that point, the audio
captures without a break in
the recording each com-
missioner individually
saying, “Aye.”
Harvey then concludes,
“So it’s done. And thank
you very much for all of
your hard work.”
The Process.
OGEC’s mission
statement is that it “will
impartially and effectively
administer and enforce
Oregon’s government
ethics laws for the ben-
efit of Oregon’s citizens.
The Commission will
emphasize education in
Travel
Oregon
CONTINUED FROM PAGE 1
Bishop continued,
“Hopefully this will give
you a good sense of how
important tourism is both
to the state and us as a
region and as a county.”
Scott West, an eastern
Oregon native who grew
up in Echo and has rela-
tives in Baker City and the
Hereford/Unity area, said,
“It’s always grand to come
back home.”
As West began talking he
commended Bishop for the
hard work he puts in and
the amazing photographs
he provides, “really mak-
ing your part of the state
recognized.”
West noted that at the
recent Governors’ confer-
ence in Eugene, Bishop
was recognized for his
social media images and
one of his images won best
of show.
He said, “Oregon, from
a statewide view was a 10-
billion-dollar mark. Being
just north of 400 mil-
— Obituaries —
Patricia Lynn Cartmell
CONTINUED FROM PAGE 2
achieving its mission. The
regulatory jurisdiction of
the Oregon Government
Ethics Commission covers
provisions of ORS Chapter
244, Oregon Government
Ethics law; ORS 171.725
to 171.785 and 171.992,
Lobby Regulation law;
and executive session
provisions of Oregon
Public Meetings law, ORS
192.660.”
As the OGEC’s juris-
diction is specialized and
limited, the first step after
receiving any complaint
is to determine if it falls
within their venue. If not,
it will be dismissed for
nonjurisdiction, which was
the case with the Kerns
complaint.
The commission said it
would not take action one
way or the other.
“I didn’t file a complaint
because I thought it fell
under a jurisdiction. I filed
a complaint because I think
what I heard transpire on
the audio recording of the
meeting was wrong,” said
Justus.
Different Ethics Com-
plaint, Different Kerns.
According to the OGEC,
this is the second brush
with their Commission by
the Kerns family. In April
of 2010, Kern’s son, Tim
Kerns, Jr. was investigated
by OGEC on a conflict of
interest complaint during
his tenure as Board Chair
with the Baker Valley Soil
and Water Conservation
District (SWCD). OGEC
itself is listed online as the
initial complainant.
Unfortunately, public
records provided by OGEC
show the name Tim Kerns
rather than his son’s name,
Tim A. Kerns, Jr., as the
target of that complaint.*
On Tuesday morning,
SWCD District Director
Whitney Collins said by
phone that she would be
contacting OGEC in hopes
of correcting the name
both in the file and in an
online database, which is
still visible to the public
with the incorrect Kerns
name. Collins also issued
a statement on behalf of
the SWCD, which can be
viewed in its entirety on
page 5.
A case was also opened
against Laurie Owens of
the SWCD at that same
time, investigated, and
listed as “dismissed” with
no order or penalty issued.
Kerns, Jr.’s case was not
dismissed.
In February 2014, after
nearly four years with the
case remaining open, an
OGEC meeting was held.
Minutes show Tim Kerns,
Jr. did not testify. At that
time, a unanimous vote
closed the case with a deci-
sion to accept a “stipulated
final order,” signed by
Kerns, Jr. on January 30,
2014 and Mary Kremer,
Chair of the OGEC, on
February 14, 2014.
That four-page legal
order states that Case No.
10-143ETH in the Matter
of Tim Kerns (sic) settles
“any and all claims, allega-
tions and charges by the
Oregon Government Ethics
Commissioner against
Kerns.”
The order outlines as
facts that Kerns, Jr. held a
position as Baker Valley
SWCD Board Chair at the
time when that organiza-
tion entered into a project
management agreement
with Kerns, Jr.’s company,
Willow Creek Resource
Solutions regarding the
Powder River Irrigation
District Powder River off-
stream watering project.
Willow Creek Resource
Solutions, Inc. was
formed legally in 2005
and dissolved in 2011.
The corporation’s own-
ers are listed as with the
Oregon Secretary of State
as Kerns, Jr. and his former
wife, Julie Kerns. The
company’s address is listed
as 45306 Schoolhouse
Road in Haines.
Also listed at that same
address is the company,
WillCom, Inc., owned by
Tim and Jan Kerns, formed
in 2008 but dissolved in
2010.
Tim and Jan Kern’s
other businesses—Kerns
Rainbow Ranch, Inc., KRR
Hay, Inc., and KRR Ag
Repair and Service Inc.—
are registered at their Quail
Road address in Haines.
The order then states
that in October of 2004,
Kerns, Jr. “made a public
declaration regarding the
nature of his conflict of
interest and refrained from
participation in further
discussions.” This declara-
tion came during a Board
meeting at which requests
for qualifications were
reviewed for hiring engi-
neering services for that
Powder River Irrigation
District Powder River off-
stream watering project.
However, the order
goes on to say that Kerns,
Jr. is then documented as
discussing the project in
2006, 2007, later in 2007,
and in 2008 without dis-
closing that conflict at any
of those times. Because
Kerns, Jr. was met with a
conflict that would result
in personal financial gain
from the project, he was
found in violation of ORS
244.120(2) — four “dis-
tinct violations,” according
to the OGEC order.
Kerns, Jr. stated he was
unaware he needed to de-
clare a conflict of interest
after his initial declaration
in 2004.
OGEC warned that
Kerns, Jr. could be fined up
to $20,000 in civil penal-
ties.
The order states that
“terms of settlement”
were eventually reached in
which Kerns, Jr. “waived
the statutory limit for in-
vestigation and indicated it
was his desire to conclude
the matter by agreeing
to the terms in this order
without completing the
investigative phase. Al-
though Mr. Kerns does not
dispute the Commission’s
allegations as described
in paragraph 3C above, he
requested that the terms of
the settlement reflect that
he had no previous training
regarding the provisions of
ORS 244 and fully cooper-
ated to resolve this matter.”
The Commission then
agreed to waive civil pen-
alties and instead issued
a “letter of education” to
Kerns, Jr.
A spokesperson at OGEC
said the actual case file
is 91 pages in length.
That entire file and other
details such as the amount
of money paid to Willow
Creek Resource Solutions,
were not obtained in time
for this article.
(*Editor’s note: An
initial teaser for upcom-
ing coverage reflected the
name listed on the OGEC
case, which was incorrect.
The name is correct in the
actual coverage. We regret
any confusion.)
Bishop Thomas Connolly, longtime spiritual leader of
Eastern Oregon’s Diocese of Baker, died April 24 at age
92. He had lived at Maryville Nursing Home since 2011.
The pontifical Mass of Christian Burial is 11 a.m., May
1, at St. Francis de Sales Cathedral in Baker City.
He was born and raised in Tonopah, Nev. and at-
tended public grade school. His second home was St.
Patrick Church in Tonopah, where he was confirmed and
eventually was ordained a priest. He received seminary
education at St. Joseph College and St. Patrick Seminary
in the Archdiocese of San Francisco and was ordained
by Bishop Thomas Gorman of Reno in April 1947. He
served as an assistant pastor, a teacher and chaplain for
the Serra Club. In 1949 he was enrolled at the Catholic
University of America in Washington, D.C., where he
obtained a license in canon law. He attended the Pontifi-
cal University of St. John Lateran in Rome from 1951
to 1952 to earn a doctorate in canon law. In 1952 he re-
turned to the Diocese of Reno, then under the direction of
the Bishop Robert Dwyer, who eventually became arch-
bishop of Portland. Father Connolly served as assistant
pastor and pastor at parishes in Reno and Elko. In 1968
he was named pastor of St. Theresa Parish in Carson
City. In 1971, at age 49, Father Connolly received news
of his appointment to Oregon from Reno’s Bishop Joseph
Green. He was the first native of the Diocese of Reno
actively serving in the diocese to be appointed a bishop.
Among his proudest accomplishments in the Diocese of
Baker was the DeSales Education Program, faith forma-
tion for adults that was used in more than 7,000 parishes
in the United States, as well as overseas.
His favorite scripture passage was Luke 7:36-50, in
which the sinful woman washes the feet of Jesus with her
tears and them dries them with her hair. She forgives her
sins. “It reveals the Jesus that I love,” he said.
lion in local and state tax
contributions to the state
economy. Things have
been rising fairly steadily
for the last decade. One
very exciting thing we are
seeing now is that some of
the places in the State that
have kind of lagged behind
since the recession of 2008
are up north of those 2008
numbers. Lots of places
have come back quicker
but the fact that the whole
state is recovering is really
exciting.
“Lots of great work is
being done at the state,
regional and local levels.
The 7 wonders campaign
that was launched last year
has been very successful.
Successful not only on a
statewide basis but also
on a regional basis. We’ve
seen some responses from
all over the state, like the
painted hills were we are
seeing significant increas-
es, 50% even.”
West added, “You may
be aware of the 7 wonders
campaign; it’s a take on the
7 wonders of the world. It
identifies places as the 7
wonders of Oregon, grand
geological sites. What
we’ve found is there has
been really resounding
response from our consum-
ers both domestically and
internationally.”
West said, “We saw
increases in all regions of
Oregon from 25-40% over
prior years. We can’t take
credit for all of the increase
but it certainly has been a
driving force. We are re-
launching the campaign, it
still has enormous traction
and strength. And when
we’re looking at our travel
responses from January,
February and March of this
year, lodging receipts are
up on average 16% in ev-
ery region. I think Eastern
Oregon up over 14% for
those three months. When
visitors get here and are
spending while they are
here, it’s great but what
happens when they go
home? It is really impor-
tant to us that we sort of
evangelize so when folks
go home they are big fans
of Oregon so they will
consume products when
they go home.
“We did research a
couple years ago that
indicated 60% of folks
that traveled here, when
they went home actually
did consume products and
30-40% of those folks used
those products more than
one time with an additional
30-40% generating new
trips around that product.”
“Tourism is part of the
answer,” West continued,
“but it is not the answer.
We are a state that has
been blessed with these 7
wonders but we are also a
state that has people that
want to take care of these 7
wonders. We are adding to
the campaign a bicycling
pulse. As you know Baker
and Union county have
some of the best biking
space in the state. A study
done a couple years ago in-
dicated cycling was a $400
million industry, just the
travel part of it and with
the manufacturing aspect
factored in it’s nearly a
billion dollar industry, per
year.”
Gagliano added, “East-
ern Oregon is really lead-
ing the way with bicycle
tourism, with the most sce-
nic byways in the state and
the most cycling opportu-
nities here, there is great
road biking with the scenic
splendor all around. We are
the only state around that
has a scenic bikeways pro-
gram. With that we are the
only state that has a bike-
friendly business program
that’s geared toward visi-
tors on a statewide basis
that began in John Day
with Mike Cosgrove. He
came up with the idea ‘two
wheels spoken here’ so
bicyclist know when com-
ing through that they are
welcome and there might
be amenities for them like
a bike pump or water or
something to help make
their trip better.
“So knowing that bicy-
cling is such a big part of
our economy we decided
to add into our 7 wonders
campaign, 7 bikes for 7
wonders. We chose 7 bike
manufactures to create 7
one of a kind bikes that
are designed around and
inspired by each of the 7
wonders of Oregon and
meant to be ridden at
each wonder. On May 6th
an event will be held in
Portland and we are going
to bring all of the bike
makers together. Governor
Brown is going to come
and speak, she is really
excited about this nexus of
manufacturing and tour-
ism coming together. This
will probably be the only
time the bikes will ever
be together. Beginning
on June 15th we will be
having a ‘scavenger hunt’
each week for the bikes so
unless the people that find
Pat claims her employment history consisted of "a
workhorse for life." She milked cows, took care of
chickens, worked with horses, lots of yard work, flower
beds, gardening and canning. She worked on many
ranches as a "cowboy."
She enjoyed the horses and driving pony carts. Pack-
ing into the high country to hunt deer, elk and bear were
special memories. Pat in her own words shared "Life
itself was a ride." She loved a good party, being crazy,
making memories. Pat collected Native American arti-
facts, fossils, marbles, and all things Western or related
to horses. She studied and knew the importance of each
piece collected.
Pat was lovingly referred to as "Aunt Pat Pat" to nu-
merous nieces and nephews. She was preceded in death
by her parents; baby sister Sheral; brother Jim, sister
Lori, brother Jerry, nephew Kim M. Virtue.
Pat is survived by brothers; Jack Virtue; Steve and
Kim Virtue, Randy and Anna Virtue, Tom and Tina
Virtue, Kent and Tammy Virtue. Brother-in-law Kenny
Austin; Sisters; Shirley and Phil Barbera, Sandy Shum-
way and Mike Proschold, sister-in-law Marianne Virtue;
Nieces and Nephews - Luke and Courtney Benson and
children Remington and Welker, Luke and Ashley Austin,
Buddy and Rhonda Hillman, Dustin and TJ Hillman
and son Mason, Corey and Jessica Hillman and daugh-
ter Temperance, Codey Hillman and Nevada Hillman.
Nicole Virtue; Garrett and Kerbie Virtue and Paisley; and
many more nieces and nephews in other areas.
Pat had a compassion for others, she worried, said
a prayer, always wanted to be of help if she could. And
as the days would test her, she would say "It's always
something." Those who would like to make a memorial
donation in memory of Pat, may do so to the charity of
their choice, through Tami's Pine Valley Funeral Home
& Cremation Services, P.O. Box 543 Halfway, Oregon
97834.
Bishop Thomas Connelly
Formerly of Baker City, 1923-2015
the bikes decide to have a
reunion…”
She said, “This will
begin June 15 and continue
through August 8, with the
week of the July 4th off.
We will start with provid-
ing clues on our social me-
dia and on Travel Oregon.
com as to where the bikes
are hidden at each of the
wonders, a different one
every week. The bikes will
be locked up so they don’t
just wander off.”
The marketing of the 7
wonders draws not only
domestic visitors but
international visitors who
on average travel dif-
ferently than Americans
staying longer and without
itineraries. They are eas-
ily persuaded to stay in
an area when interesting
attractions are available to
them.
Gagliano stated that re-
cently the 7 wonders cam-
paign played internation-
ally before the beginning
of the movie “Wild” that
is about the Pacific Crest
Trail that runs through
Oregon.
Inquiries regarding travel
to the state significantly in-
creased after that campaign
spot ran.