FRIDAY, APRIL 14, 2017
THE BAKER COUNTY PRESS — 5
Local
Hearing set in BMCC lawsuit City goals
CONTINUED FROM
PAGE 1
Hudson, who is repre-
sented by attorney Thomas
F. Spaulding of Portland
fi rm Spaulding & Pot-
ter LLP, fi led the lawsuit
on November 4, 2016,
about three weeks after a
Baker County Commission
work session was held, on
Wednesday, October 12,
2016, during which BMCC
budget and service issues
were discussed, with,
among others, BMCC
President Camille (Cam)
Preus, members of the
Baker School District 5J,
and Pine Eagle Charter
School District Superin-
tendent Cammie DeCastro
(as detailed in the Friday,
October 14, 2016 issue of
The Baker County Press).
Hudson brought these
issues to the County
Commission’s attention
during its regular session,
on Wednesday, September
21, 2016 (as detailed in
the Friday, September 23,
2016, and Friday, Sep-
tember 30, 2016 issues of
The Baker County Press).
Hudson was employed by
BMCC from June 5, 2006,
through July 30, 2015. Ac-
cording to her complaint,
her title was changed
from AVP to Director in
September 2014, along
with similar changes to the
titles of two other BMCC
employees in their mid-six-
ties, part of Hudson’s claim
of age discrimination.
Hudson claims, prior
to being terminated, she
disclosed and/or reported
to senior BMCC offi -
cials the following: gross
mismanagement of college
funds, to the disadvantage
of BMCC’s Baker County
and other remote site cam-
puses; unequal distribution
of grant funding; lack of
quality facilities; inequity
in distribution of Associ-
ated Student Government
(ASG) fees; mismanage-
ment in faculty budget; and
manipulation to qualify
for federal aid, all of
which she “...reasonably
believed...was evidence of
violation of state, federal
or local law, rule or regula-
tion.”
Hudson claims that,
on July 30, 2015, “...
citing pretextual reason-
ing, Defendant BMCC
issued Plaintiff a letter
of dismissal, and told
Plaintiff to resign or she
would be fi red. Plaintiff
resigned.” She sent a letter,
dated January 30, 2016,
to BMCC, and, according
to her complaint, she “...
provided timely notice of
claim to Defendant BMCC
under ORS 30.275.”
BMCC, represented by
attorney Karen M. Vickers
(among others listed), of
Portland fi rm Mersereau
Shannon LLP, admits that
Hudson had sent a letter
dated January 30, 2016,
but denies the rest of the
foregoing allegations.
On March 25, 2016,
Hudson submitted a
complaint to the Oregon
Bureau of Labor and
Industries (BOLI), alleging
whistleblowing violations,
and age discrimination,
among other claims. On
August 10, 2016, BOLI
issued a Notice of Right to
File a Civil Suit within 90
days, or by November 8,
2016, and Hudson claims
the fi ling of the lawsuit
was timely commenced be-
fore that date (the lawsuit
was fi led on November 4,
2016).
BMCC admits that the
complaint to BOLI was
submitted, on the date
Hudson specifi ed, and that
BOLI issued a Notice of
Right to File a Civil Suit,
on August 10, 2016, “...
on the basis that it did not
fi nd suffi cient evidence
to continue its investiga-
tion...” BMCC denies that
the fi ling of the lawsuit
was timely commenced.
According to BMCC’s
answer, it lists the follow-
ing, among other potential
defenses: Failure to State a
Claim; Oregon Tort Claims
Act; Legitimate Non-
Discriminatory Reasons;
Failure to Mitigate; and
Statute of Limitations.
On December 30, 2016,
as part of the lawsuit,
Hudson had sent a Request
For Admissions to BMCC,
with seven requests, and
BMCC responded on
January 25, 2017, with the
following:
Hudson’s Request No.
1: “Aside from Peggy
Hudson, BMCC has not
disciplined any other em-
ployee for falsifying a time
sheet.” BMCC: “Object to
this request, on the basis
it is an incorrect statement
of fact. Plaintiff was not
disciplined for falsifying
a times sheet, but rather,
because she instructed an
employee to falsify a time
sheet.”
Request No. 2: “Aside
from Peggy Hudson,
BMCC has not disciplined
any other employee for
disregard of proper budget-
ing.” BMCC: “Admit, with
the caveat that other em-
ployees have been verbally
counseled for going over
budget, but have corrected
the problems.”
Request No. 3: “Aside
from Peggy Hudson,
BMCC has not disciplined
any other employee for
violating BMCC’s proce-
dures regarding proper use
of Electronics Information
Resources (EIR).’ BMCC:
“At this time, BMCC is
unaware of any other em-
ployee being reprimanded
for violating procedures
for proper use of Electron-
ics Information Resources
(EIR).”
Request No. 4: “Aside
from Peggy Hudson,
BMCC has not disciplined
any other employee for
scheduling part-time
employees in violation
of the Faculty Collective
Bargaining Agreement.”
BMCC: “Admit, with the
caveat that no other BMCC
director used adjunct em-
ployees over the hours set
by the Faculty Collective
Bargaining Agreement.”
Request No. 5: “During
all or some of the period of
Peggy Hudson’s employ-
ment, BMCC had set a
goal to increase its overall
percentage of Hispanic
students to 25%.” BMCC:
“Admit that BMCC wanted
to apply for Developing
Hispanic Services Insti-
tutions Program grants,
and enrollment of 25%
Hispanic students was
required to apply.”
Request No. 6: “During
all or some of the period of
Peggy Hudson’s employ-
ment, BMCC received
more in ASG fees paid by
Baker County students,
than BMCC returned to the
Baker facility.” BMCC:
“Admit that Baker County
received the ASG funds
requested, but that amount
may not have totaled all
ASG fees paid by Baker
County.”
Request No. 7: “During
all or some of the period of
Peggy Hudson’s employ-
ment, Baker County was
not the only BMCC facility
to run a defi cit.” BMCC:
“Admit, however, Baker
County was the only pro-
gram to continually run a
defi cit during Plaintiff’s
employment.”
Hudson’s claim amount
includes $138,225.28 for
back pay, from August 1,
2015, through June 30,
2017; $50,000 in lost ben-
efi ts, for the same period;
and $275,000 in compen-
satory damages, for future
monetary losses, mental
and emotional harm, pain,
humiliation, suffering,
inconvenience, loss of
enjoyment of life, damage
to reputation, and other
non-monetary losses.
The pre-trial hearing is
set for Thursday, May 25,
2016, 8:30 a.m., in Baker
County Circuit Court, with
Judge Greg Baxter presid-
ing.
Community Connection offers
chronic disease workshop
BY SAMANTHA
O’CONNER
Samantha@TheBakerCountyPress.com
Community Connec-
tion of Northeast Oregon
is offering a free six week
Chronic Disease Self-
Management Living Well
Workshop every Wednes-
day until May 17th.
The fi rst workshop was
held April 12th and will
continue at Community
Connection on 2810 Cedar
Street.
If people are unable
to make it to the fi rst
workshop, they are able
to attend the second and
will be given the materials
needed for the rest of the
workshops.
The workshops will
focus on the self-manage-
ment of chronic diseases
such as chronic pain, dia-
betes, depression, asthma,
and other physical and
mental health conditions.
The workshops are
taught by Rochelle Hamil-
ton, Executive Assistant at
Community Connection of
Northeast Oregon.
The workshops will help
people of all ages learn
techniques to deal with
problems including fatigue
and pain.
All participants receive a
free “Living a Healthy Life
with Chronic Conditions”
book.
“We talk about medi-
cations, we do decision-
making, action-planning
is every week,” explained
Hamilton. “We go over
breathing techniques,
understanding our emo-
tions because a lot of times
when you have a chronic
condition your emotions
are all over the place.
“We do problem solving
weeks two through six.
We use your mind, sleep,
communication—we work
on better communication
because a lot of times
when you have a chronic
illness, you don’t commu-
nicate what you really need
and you just assume people
know what you are going
to need and you don’t—
healthy eating and weight
management, and then
working with your health
care professionals.”
At the end of each
workshop, participants will
work on action planning,
where they set a goal they
want to accomplish that
week.
The plans include what
action people are going to
do, how much they will do,
when they will do it, and
how often or how many
days a week they will do it.
The action could include
going on short walks every
week or read for a certain
amount of time, and other
specifi c actions that work
according to their lives.
Participants are given
an Action Plan Form where
they write down what they
will do, how confi dent they
are from zero to 10, and a
week day check off list.
Beginning in the second
session, participants will
give action plan feedback
to discuss problems they
met that week and brain-
storm ideas on what they
can do in the future to
avoid or fi x those prob-
lems.
“We want them to have
a confi dence level of a sev-
en or more,” said Hamil-
ton. “Because if you don’t
feel confi dent that you’re
going to get it done, you’re
probably not going to get it
done, because in your mind
you’ve already stated; ‘Oh,
it’s about a two that I can
get this done.’
“And then we discuss
what are barriers that you
think are going to happen
to keep you from doing it.
A lot of people say they
are going to walk and then,
‘Well, it depends on what
the weather is,’ well have
a backup plan; go walk at
Walmart if the weather is
bad, park further out in
the parking lot than closer
so you have to spend that
time walking in.”
The workshops also
discuss breathing, prevent-
ing complications, stress
management, relaxation
techniques, monitoring
blood sugar, depression,
positive thinking, sick
days, and future plans.
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CONTINUED FROM PAGE 4
Other tasks still needing to be achieved were staffi ng
concerns in both the Police and Fire Departments. Chief
Lohner said he thought he is currently adequately staffed
but could benefi t from an additional offi cer. Fire Chief
Wills feels completely opposite, stating he is understaffed
by about three full-time staff.
At the goal-setting session last year, Council felt add-
ing a task to this Goal of exploring the Railroad quiet
zone was worthwhile. At least one City Council meeting
addressed this concern and took public testimony. After
researching options, it was found to be fi nancially unreal-
istic to pursue and was removed from the list.
The last task for this goal was to identify street funding
option, which Michelle Owen said is challenging but
ongoing.
Council found that there would be value to enhancing
an Economic Development plan. Robin Nudd was hired
in September of 2016 to take on the challenges of review-
ing and evaluating the program. In the coming year,
Council expects to see strides toward improvements to
current programs by evaluating options for a City-focused
economic development and fi nding resources available to
improve that plan.
Nudd is currently working with the Main Street USA
program, although just forming the beginning stages
she expects the program to be successful. This will also
remain as an ongoing Council goal.
Implementing an asset maintenance schedule will be an
ongoing goal.
The City is constantly on top of inventory, inventory
needs and prioritizing those needs. However, funding
can be challenging and will be continually sought after.
Council did not have any luck in involving the citizens.
One task under this goal was to improve the audio/visual
system in Council Chambers. That was not accomplished
and will therefore stay on the list.
Council also wanted to encourage better communica-
tion with boards and commissions. In the past year, more
of them are presenting to council than they were. Council
identifi ed a new task for this goal by realizing the need to
improve recruitment for boards and commissions. There
are several vacancies on several different boards and
commissions.
Maintaining and enhancing water security is an ongo-
ing goal for this Council. Fuel reduction in the watershed
is a big concern that needs to be seriously focused upon.
Improving communications with all entities to keep focus
on what is at stake will continue to be ongoing. Establish-
ing a water rate structure that will not burden the com-
munity yet provide adequate funding to support an aging
infrastructure is also ongoing.
Exploring e-billing was completed and the City is plan-
ning to launch that as an option soon and the City within
the last year has switched to billing monthly for water.
Owen is pursuing ground water options that could
provide safe drinking water and that will continue. This
Council intend to promote government integrity by taking
advantage of opportunities for education and training.
City Manager Fred Warner even talked about some
training sessions available by video. He suggested that
perhaps all council could take advantage of these videos.
He also spoke of regional meetings that could be taken
advantage of also.
The Council wants to promote effective budget manage-
ment. Tasks that are constantly ongoing are evaluation of
contracts and MOUs for cost savings, always being on the
lookout for way to improve, including review of capital
plans and requiring cost effective budgets.
Other new goals added included exploring a 911/EMS/
fi re special district, coordinating efforts to help sup-
port local businesses remain vital and to welcome new
businesses, explore marketing options for Baker County/
Baker City possibly by video and to re-explore a plan to
move to LED lighting.
Overall, it was evident that strides have been made in
achieving previous goals but many are the types of goals
that are longer-term goals and will be ongoing for some
time.
OTEC scholarship
winners announced
Oregon Trail Electric Cooperative (OTEC) is pleased
to announce the winners of the 2017 OTEC Scholarship
Awards.
Baker County Recipients: Thomas Dunn, Tyrel Ever-
son, Allisyn Ferdig, Kourtney Lehman, Kimberly Nelson,
Hollis Robb, Erik Ruby, Ryan Schwin.
Grant County Recipients: Hannah Brandsma, Jessica
Carter, James Clay Johnson, Jamie Waltenburg.
Harney County Recipients: Mason Dahl, Gabrielle
Gibbon, Jackson Thein, Jacob White.
Union County Recipients: Isaac Colton, Emily Faulk,
Heather Keniry, Caitlyn Robinson, Abby Tescher,
Hannah Wilhelm, Lena Johnson, Riley Merrigan,
Hailey Patterson, Margaret Sheehy.
Since the launch of the scholarship program, in 2000,
OTEC has awarded 401 scholarships to local youth with
a total over-all investment of approximately $1,159,000.
Each student will receive a scholarship of $5,000.
Said OTEC’s General Manager Les Penning. “This
scholarship award, funded by interest from unclaimed
capital credits, represents OTEC’s commitment to com-
munity. It is one of our fundamental values and operating
principles and our scholarship program is an incredibly
rewarding way to see this value integrated into the future
of our communities.”
Applications for 2018 scholarships will be made avail-
able online starting November 2017. For more informa-
tion please visit: www.otecc.com.