Sid Leiken, Jay Bozievich and Faye Stewart discussed a
letter from Senior Assistant County Counsel Stephen
Dingle to attorney Marianne Dugan, who represents Rob
Handy in his case against the county in regard to a
problematic May 3 “emergency meeting.”
In an acceptance of the service document Dugan cut-
and-pasted a caption from an earlier draft that had included
Sorenson’s name in case he wanted to be part of the suit,
she said. Sorenson told Dugan via his attorney that he did
not wish to be part of the case, and Sorenson’s name was
never on any complaint or summons, Dugan told Dingle in
an email.
Dingle and the commissioners discussed the issue, and
Bozievich moved that the board go forward with drafting
a complaint to the Oregon Bar Association as Dingle
alleged that Dugan didn’t explain how the error happened
or apologize for it. Dingle said an apology was needed for
the “angst” and “turmoil” the caption had caused.
The letter to Dugan requested a reply by close of
business Aug. 22, but the discussion of what to do about
the allegations Dingle was making and a vote to draft a bar
complaint was held before that deadline.
“The inadvertent mistake of listing someone as your
client and a plaintiff in a lawsuit has caused considerable
disruption in the county offices and in the relationship
between board members,” Bozievich said. “Maybe she can
explain it to the bar.”
But Dugan, citing several emails between herself and
Dingle, emailed the county counsel and pointed out that,
“You made two erroneous statements to the commissioners
about my communication with you.”
She wrote, “You indicated that I did not apologize. I
did,” and provided Dingle with a copy of the emailed
apology. She wrote that Dingle also said that she referenced
only attorney-client privilege in declining to answer the
question as to how the error occurred. Dugan says she in
fact invoked work product privilege; she later voluntarily
waived the privilege solely to the facts surrounding the
error.
In an Aug. 25 email to Dingle, Dugan pointed out, “As
you know, as soon as I learned of the error (the same day I
emailed you the erroneous form) I advised you of my error,
and sent you a revised acceptance of service form.” She
continued, “As you know (although you did not include this
information in your statements during the meeting), at no
time did the complaint or summons or any document filed
with the court have Commissioner Sorenson listed.”
Dugan also addressed comments Dingle made in his
Aug. 15 email and also at the Aug. 22 meeting about
attorney-client privilege. “I still do not understand your
reference to a concern about attorney-client privilege. If
you were suggesting that Mr. Sorenson relayed county
confidences to me, that is a far-fetched interpretation of the
situation and has no basis in fact.”
PARVIN BUTTE
FIGHT AND
FUNDRAISING
Originally Lost Creek Rock Products argued that it did
not need to a get a site review at all, but the hearings official
previously ruled site review was needed if mining activity
occurs in the 200-foot buffer around the mine. Site review
allows neighbors some input on the explosions, dust and
truck traffic that accompany a gravel mine.
Lost Valley Educational Center in Dexter is having its
annual open house Sept. 8, and this year the proceeds will
benefit both Lost Valley and the fight to save nearby Parvin
Butte. Lost Valley is a learning community that hosts
courses, workshops, events, a conference center and the
Meadowsong Ecovillage residential community. The Lost
Valley Fest starts at 4 pm and will feature music by the
Conjugal Vistors, tours and treats. See lostvalley.org for
directions.
The Dexter/Lost Valley Community (DLVC) continues
in its fight to save scenic Parvin Butte. On Aug. 25 Lane
County Hearings Official Gary Darnielle approved the site
review permit for Lost Creek Rock Products, a company
associated with Greg Demers and Norm and Melvin
McDougal. The permit allows the gravel mine that seeks to
remove more than 400 feet from the 600-foot butte to
continue its mining operation with some conditions. The
conditions include: allowing the hauling of rock from 7 am
to 6 pm every day except Sunday; if the aggregate being
hauled is visibly dusty then watering it; and 60 one-way
truck trips are allowed each day.
‘Clearly the site review
process, as interpreted in this
decision, does not provide the
protection expected by most
of the community,’
- Gary Darnielle, hearings official
The site review permit deals with hauling via Shafler
and Rattlesnake roads through the rural community, but
Lost Creek has also applied for a bridge permit for hauling
the gravel that the DLVC is fighting due to concerns
including the effects the bridge could have on the salmon-
bearing stream it would cross. Attorney for the DLVC Dan
Stotter says of the bridge, “They say they’re not going to
use it but want to keep it in their back pocket.”
Commissioner Rob Handy announced on Aug. 28
that he has filed a federal lawsuit against the county,
County Administrator Liane Richardson and
Commissioners Bozievich, Stewart and Leiken alleging
First Amendment retaliation, deprivation of due process
and violations of Oregon’s public meeting law.
— Camilla Mortensen
DEFAZIO SPEAKS OUT
ON THE COAL DEBATE
Congressman Peter DeFazio has weighed in on the
coal export debate that is raging in the Northwest. He
says, “I’m not a big fan of coal; I wish we didn’t burn
coal at all.” However, he says that the Powder River
Basin coal that would be exported via Coos Bay under
the current proposal is a cleaner burning coal than what
is being currently burned in Korea. “In this isolated
instance, my understanding is this is to displace dirtier
coal,” already burning in existing coal plants, he says, as
opposed to proposals along the Columbia that would ship
coal to new power plants in Asia.
The information that Korea is the country Coos Bay
would be shipping to originally came out via partially
CONTINUED P. 8
An appeal of the site review permit must be filed in 12
days, Stotter says. He says he thinks the mine operators will
find the site review conditions “onerous.” He says the next
step is that the hearings officer has a chance to reconsider,
then the Board of Commissioners decides whether to hear
the appeal or affirm the decision.
If affirmed the case would then move to the Land Use
Board of Appeals (LUBA). Stotter says the case is up
against a 120 day time limit and if the Lane County board
delays making a decision the case would then go to the
Circuit Court, but Stotter calls that sort of delay
“unscrupulous” and says, “I think the board will do a fast-
track review and affirm and go to LUBA.”
Darnielle writes in the conclusion to his site review
decision: “Clearly the site review process, as interpreted in
this decision, does not provide the protection expected by
most of the community,” and points out the decision is an
expression of “what the hearings official believes is the
scope of the law as it applies to the proposed mining
operation.” Darnielle urges Lost Creek Rock Products to
make good on its offer to meet with residents about their
concerns as “it is good business to minimize friction with
the community within which one does business.”
For more info on the Lost Valley Fest email lauren@
lostvalley.org or go to the Facebook event page at wkly.
ws/1ck
— Camilla Mortensen
Employment First —
Success begins with you!
Jake was hired by Newman’s Fish Market in October 2004 to
prepare shrimp for sale to restaurants and within the store itself.
This is a multi-step process that involves using different settings
to peel and devein the shrimp before cutting them to customer specs. Jake had
never been employed before, and was a little unsure about working in the seafood
industry, as he had never been fond of fish. Before initial training ended, he was
learning to scale fish and prepare the breading for to-go orders. Over the next 8
years, Jake learned to take phone orders, run the register, and provide excellent
customer service. Jake is a valued member of the Newman’s team and one of
many Supported Employment Services, Inc. success stories!
For more information contact: www.supportedemploymentservices.com
Employment First is a statewide initiative to help create opportunities for adults with
developmental disabilities to secure appropriate and meaningful employment.
Funded by a grant from the Oregon Department of Human Services, Developmental Disabilities Services
WWW.EUGENEWEEKLY.COM
EUGENE WEEKLY AUGUST 30, 2012 7