Vernonia's voice. (Vernonia, OR) 2007-current, November 22, 2011, Page 5, Image 5

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    city news
november22
Vernonia City News...
At the November 7, 2011 City Council
Meeting:
Council
Authorizes
RFQ
for
Wastewater
Engineering—Council 
authorized  the  City  Administrator  to 
publish  a  Request  For  Qualifications  
(RFQ) and begin the process to advertise 
for  an  engineering  firm  to  create  pre-
design  and  final-design  documents 
for  the  Wastewater  Treatment  Project, 
based  on  approval  of  the  RFQ  by  the 
City Attorney and City Engineer. 
Council Approves HRA/VEBA for
Non-Union
Employees—Council 
Authorized  the  City  Administrator 
to  create  a  Health  Reimbursement 
Account  (HRA)  Voluntary  Employee’s 
Beneficiary  Association  (VEBA)  for 
non-represented  employees.    The  City 
is  currently  modifying  health  benefits 
to  all  employees  and  previously  
completed  negotiations  with  AFSCME 
union employees and established HRA/
VEBA  accounts  in  lieu  of  offering    a 
COLA for those employees.   Under that 
contract agreement the City provided a 
one-time initial contribution of $500 and 
a monthly pay-in of $25 per month for 
each  covered  employee.    This  current 
action  would  establish  the  same  health 
benefit  for  non-represented  employees.  
The  City  expects  to  see  a  net  drop  in 
costs through this benefit program.
Council Hears Second Reading and
Adopts Ordinances—Council  heard 
the second reading of Ordinance 878— 
establishing    the  Budget  Committee 
and  prescribing  powers  and  duties,  
and  Ordinance  879—waiving  certain 
sections of the development regulations 
to allow temporary emergency structures 
to  be  placed  in  general  commercial 
zones.
Council
Approves
Amending
Cemetery Fees—Based  on  a  request 
from the Vernonia Cemetery Committee, 
Council  approved  Resolution  28-11, 
amending the Master Fee Schedule and 
allowing increases to fees at the Vernonia 
Memorial and Pioneer Cemeteries.
Council Sends Trailer Request Back
to Planner—Council  sent  a  request  to 
extend a temporary habitation use permit 
for  an  RV  back  to  the  City  Planner  for 
more  information.    On  January  13, 
2011  the  Vernonia  Community  Church 
received  approval  for  their  part-time 
pastor to live in an RV parked on church 
property  for  six  months,  in  accordance 
with  city  code.    That  six  months  has 
expired  and  the  church  has  requested 
additional time.  Council chose to wait 
to  make  a  decision  pending  further 
information.
2011
5
Council Approves Tree Removal
Plan at Airport—Council  approved  a 
plan  presented  by  the Vernonia Airport 
Committee  to  remove  some  trees  that 
present  a  liability,  authorizing  the  City 
Administrator  to  work  with  volunteers, 
including  the  Free  Wheelers  Club,  to 
drop and remove the trees.
Council Grants Discount for Class at
VCLC--  Council  approved  a  request 
from the Vernonia Community Learning 
Center  (VCLC)  Committee  for  a 
discounted  rate  of  $180  for  a  proposed 
twelve  week  Hebrew  Language  Class 
for a group of local citizens.  The VCLC 
Committee  requested  and  received  a 
50%  discount  from  the  normal  non-
profit group rate of $15/hour.
Kay Intends to Sue City of Vernonia
 
An attorney representing former 
Vernonia police officer Michael Kay has 
sent a letter to the City of Vernonia ex-
pressing  her  intent  to  file  a  Tort  Claim 
against the City on Kay’s behalf.
 
The  letter,  dated  November  4, 
2011  and  received  by  the  City  on  No-
vember 7,  was addressed to the City of 
Vernonia  and  Mayor  Josette  Mitchell.  
The  letter  states  that  it  is  intended  to 
serve as formal notice of Kay’s intent to 
sue the City of Vernonia, “...for actions 
of Vernonia employees and agents taken 
against Officer Kay resulting in his un-
lawful  and  unconstitutional  termination 
from employment.”  The letter is signed 
by  Michelle  R.  Burrows,  an  attorney 
whose office is located in Portland.
 
Kay’s employment with the City 
of Vernonia was terminated on June 27, 
2011  after  a  4-0  vote  by  the  Vernonia 
City  Council.    He  had  been  placed  on 
paid administrative leave on March 21, 
2011.  The Oregon Department of Public 
Safety Standards and Training (DPSST) 
recommended  revocation  of  Kay’s  Po-
lice  certifications  for  life  on  May  19, 
2011  and  that  decision  was  upheld  on 
July 28 th . 
 
Kay  and  Burrows,  in  their  let-
ter to the City,  state they intend to name 
Vernonia City Administrator Bill Haack, 
former  Police  Chief  Frank  Grace,  cur-
rent Interim Police Chief Mike Conner, 
Justice  of  the  Peace  Wally  Thompson, 
Kathy  Peck,  Dian  Rubanoff,  former 
Mayor Sally Harrison, and Vernonia Po-
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lice Officer Shawn Carnahan in the suit. in the letter. “Until it exists I can’t com- other city staff who may be called upon 
 
In the letter, Burrows states that  ment on it,” said Haack.   
to provide information or who might be 
she  intends  to  litigate  pending  employ-  
According to Haack, Citycounty  deposed to testify in the case. 
ment  arbitration  for  Officer  Kay  and  Insurance Services (CIS) will be respon-  
Haack  said  he  did  not  know 
will be filing the lawsuit in federal court  sible  for  handling  the  litigation  for  the  when  the  City  would  have  more  infor-
before the arbitration is scheduled.  Bur- City.    “A  civil  action  brought  against  mation  about  the  intended  lawsuit.    “I 
rows  states  that  in  the  lawsuit  she  will  the City is covered under the City’s in- have no time frame for whether this will 
seek back pay, front pay, and emotional  surance  policy,”  said  Haack.    Haack  actually be  realized as a civil tort claim 
damages for loss of an entire career.  Ac- said direct costs to the City for this suit  and if so, when,” said Haack.
cording to the letter the suit will be in the  would come in the 
“high six figures.”   
form  of  indirect 
 
Vernonia  City  Administrator  staff  support  to 
Why not pay off your mortgage before
Bill  Haack,  when  asked  about  the  let- CIS  from  the  City 
he heads off to college?
ter  on  November  15 th ,    said  the  City  Attorney  as  well 
has  not  yet  received  any  official  notice  as  any  time  from 
that  a  Tort  Claim 
has  been  filed, 
just  the  letter  of 
intent.    When 
Vernonia
asked  if  the  City 
had any comment 
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