LOCAL & STATE
TUESDAY, MAY 11, 2021
BAKER CITY HERALD — 3A
State forester
resigning May 31
LAWSUIT
Continued from Page 1A
McCarty’s complaint in-
volves the Pine Creek Road,
and specifi cally the approxi-
mately 2.5 miles of the road
that runs across the 1,560-
acre property that McCarty,
who lives nearby, bought in
September 2020.
Although the road is
extremely rough and ac-
cessible only to four-wheel
drive vehicles and ATVs, it
is a popular access route for
hunters, campers and other
recreationists. The road, after
leaving McCarty’s property,
enters the Wallowa-Whitman
National Forest and leads
to Pine Creek Reservoir and
to an unoffi cial trail to Rock
Creek Lake.
Soon after buying the
property, McCarty installed a
metal gate, with a lock, at his
eastern property boundary,
near the edge of Baker Valley.
Joelleen Linstrom, who
lives with McCarty, said
last fall that McCarty didn’t
oppose people hiking on the
road if they asked for permis-
sion, but that he was con-
cerned because people had
trespassed on his property
and started campfi res despite
the high fi re danger late last
summer and early in the fall.
On Sept. 30, 2020, the
Baker County Commission-
ers voted 3-0 to order workers
from the county road depart-
ment to remove the lock. That
happened on Oct. 1.
In an Oct. 1, 2020, letter to
Andrew Martin, the county’s
attorney, Larsen, who repre-
sents McCarty, wrote that “As
our client has tried to explain,
he does not wish to dispute
any valid county road if one
can be shown to exist, and
is not opposed to exploring
other cooperative resolutions.
When he locked the road, he
offered keys to permit access
by county offi cials for fi re and
other public safety concerns.
Indeed, he locked the road
primarily in response to these
concerns.”
According to the lawsuit,
before he bought the property,
McCarty reviewed the title
report and other documents,
none of which showed a pub-
lic road through the land.
After commissioners
contended that the Pine
Creek Road is a public route,
including the section through
McCarty’s property, McCarty
asked county offi cials to sup-
ply records documenting the
road’s status as public.
During their Sept. 30 meet-
ing, commissioners referred
to an 1891 county document
that describes the surveying
of a road along Pine Creek.
The document includes a
map of the route that, based
on the township, range and
sections shown on the map,
Contributed Photo, October 2020
David McCarty installed this gate across the Pine Creek Road at his property boundary
during the fall of 2020. The road passes through property that McCarty owns.
tation that a public right-of-
way crosses his property.
McCarty submitted a
public records request to the
county on Sept. 22, 2020. The
county asked for a payment
of $2,300 to cover the costs of
providing those documents,
according to the lawsuit,
“which the County acknowl-
edged to be an arbitrary
estimate.”
McCarty submitted a
second request, on Oct. 9,
for a “narrower scope of
documents,” according to
the lawsuit. He also sent the
county a check for $250 for
— Excerpt from lawsuit
David McCarty fi led
staff time to research the
against Baker County
documents he asked for.
In a Feb. 26, 2021, letter
to Larsen and Martin, Greg
appears to follow the route of Baxter, Baker County dis-
the existing road through the trict attorney, wrote that the
eastern portion of McCarty’s county had supplied some
property, although it doesn’t but not all of the documents
McCarty requested.
show a route through the
Baxter ordered the county
western part of the property.
to produce any records that
In the lawsuit, McCarty
contends that the 1891 docu- McCarty had not received
from his requests of Sept. 22
ment does not prove a legal
public right-of-way across his and Oct. 9.
In the lawsuit, McCarty
property.
McCarty cites two other re- contends that the county,
cords regarding his property, while failing to provide all
the documents he has asked
neither of which mentions
the existence of a public road for, has “activity engaged in
conduct that undermines
across the land.
McCarty’s property rights,
One is a 1966 transfer of
including continuing to sup-
the property, which has “no
port the public’s uncontrolled
reference to a public road,”
use of the McCarty Property.
according to the lawsuit.
The County’s attitude of in-
McCarty also notes that
difference towards McCarty’s
when the county approved
private property rights has,
a subdivision near the Pine
in turn, emboldened the
Creek Road in the early
1970s, county offi cials did not public to treat the property
require that any public road as if the public has an unre-
stricted and unfettered right
be vacated in the area.
of access to and use of the
“In other words, at that
McCarty Property.”
time, no County offi cial was
asserting that a public road
McCarty prevailed in
existed in the area ... ,” ac-
previous lawsuit
cording to the lawsuit.
This is the second time
Public records requests
McCarty has been involved
In the lawsuit, McCarty
in a lawsuit with Baker
also contends that county
County.
offi cials failed to comply with
In the previous matter,
Oregon’s Public Records Law however, the county was the
when he asked for documen- plaintiff and McCarty, who
“The County’s attitude
of indifference
towards McCarty’s
private property
rights has, in turn,
emboldened the public
to treat the property
as if the public has
an unrestricted and
unfettered right of
access to and use of the
McCarty Property.”
owns a helicopter business,
Columbia Basin Helicopters
in Baker Valley, was the
defendant.
The county claimed Mc-
Carty had violated land-use
laws by operating the busi-
ness on his property on Ben
Dier Lane, about 12 miles
northwest of Baker City.
But a judge ruled in Mc-
Carty’s favor.
In a subsequent judgment,
the judge ordered the county
to pay $324,000 in legal fees
to McCarty.
County also involved in
second lawsuit involving
different disputed road
In February 2019 the
county sued Todd Longgood,
who owns property near
Lookout Mountain in eastern
Baker County, after Long-
good installed a locked gate
on a road.
The point of contention is
basically the same as in Mc-
Carty’s lawsuit — whether
a public right-of-way exists
across a parcel of private
property. In its lawsuit
against Longgood, the county
contends that the road Long-
good blocked, which connects
the Daly Creek Road to the
Snake River Road via Con-
nor Creek, is a historic public
route that can’t be blocked.
Longgood’s attorney ar-
gues that the county hasn’t
proved that a public right-of-
way exists.
A judicial settlement
conference in the lawsuit is
scheduled for Aug. 6, 2021.
If the lawsuit isn’t settled,
a trial is tentatively sched-
uled for Oct. 11-15, 2021.
Read the
lawsuit
The 26-page complaint is
available on the Baker City
Herald’s website, www.
bakercityherald.com.
Former Grant County sheriff Palmer
takes job as marine patrol deputy
■ Palmer, who lost bid for sixth term, working for Sherman County Sheriff’s Office
By Jonathan Levinson
Oregon Public Broadcasting
JOHN DAY — Glenn
Palmer, the former Grant
County sheriff who had a
controversy-riddled, 20-year
stint in offi ce, has taken a new
job as a marine deputy with
the Sherman County Sheriff’s
Offi ce.
Palmer lost his bid for a
sixth term as sheriff in No-
vember 2020.
The Sherman County
sheriff’s marine patrol is a
seasonal operation responsible
for providing boater safety
services, doing boat inspec-
tions and conducting patrols
along the county’s stretch of
the Hood River.
“We advertised through the
newspapers and we adver-
tised on our website,” said
Sherman County Sheriff Brad
Lohrey, who added it’s not an
easy position to fi ll. “We got
one applicant and that was
him.”
The marine patrol is a
part-time posi-
tion that is only
staffed Friday,
Saturday and
Sunday from the
end of May to
Palmer
Sept. 1.
Palmer, a self-
described “constitutional sher-
iff” who believes the sheriff
occupies the highest executive
position in the county, made a
name for himself when he met
with leaders of the Malheur
National Wildlife Refuge occu-
pation in 2016. Palmer called
the armed militants “patri-
ots,” even as they barricaded
themselves inside government
buildings with a wide array of
weapons.
During his tenure, Palmer
also deputized his brother,
along with nearly 70 other
Grant County residents with-
out law enforcement training,
refused to enforce state gun
laws, and allegedly used his
power to intimidate people
who challenged him or his
political viewpoints.
Numerous complaints
have been lodged against
Palmer since 2016. He briefl y
offered his resignation in 2019
after a retired Oregon State
Police trooper fi led an ethics
complaint alleging Palmer
had failed to return his stolen
property. Palmer quickly
rescinded his resignation and
stayed in offi ce.
In August 2020, the Oregon
Department of Public Safety
and Standards declined to
take action against Palmer
stemming from that com-
plaint.
Other complaints allege
Palmer and his department
had a policy of not enforcing
restraining orders. A DPSST
investigator determined the
allegations were outside the
agency’s jurisdiction.
Boaters from Portland and
along the Columbia River
Gorge this summer might
interact with Deputy Palmer,
who has recently taken to
social media to make fun
of Black hairstyles, mock
President Joe Biden’s stutter,
undermine COVID-19 restric-
tions, and spread misinforma-
tion about vaccines. On May 2,
the day before starting in his
new role, he called Democrats
“the enemy in our midst.”
Eighteen percent of Sher-
man County voters and 30%
of neighboring Wasco County
voters are registered Demo-
crats.
Palmer did not immediately
return phone calls seeking
comment.
Palmer’s social media activ-
ity, however, walks a fi ne line
with Sherman County depart-
ment policy, which restricts
what can be said in an offi cial
capacity or while representing
the department.
“I will look into it,” Sheriff
Lohrey said. “I haven’t looked
at his Facebook page, if he has
one, in forever.”
See Palmer/Page 5A
PORTLAND (AP) — Oregon’s state forester and the
leader of the long-struggling Department of Forestry,
Peter Daugherty, has resigned effective May 31.
Daugherty submitted his resignation to the state
Board of Forestry, which oversees the department, The
Oregonian/OregonLive reported Friday.
Daugherty has led the agency since 2016, and his
tenure has been marked by department fi nancial
problems, a dysfunctional relationship with the Board
of Forestry and the loss of state lawmakers’ confi dence.
That’s all as the agency is looking for a large infusion of
new resources to better respond to increasingly extreme
wildfi re seasons.
Daugherty’s resignation comes following a critical
report from outside accounting consultant MGO, which
described a fundamental lack of fi nancial controls and
oversight within the agency. The report was reviewed
in a hearing this week before the Legislature’s Natural
Resources subcommittee of Ways and Means, prompting
some incredulity from lawmakers.
Sen. Kathleen Taylor, D-Portland, said she believes
the Legislature should be overseeing the Department of
Forestry.
“The board has been given this awesome responsibility
by the public ... and I’m concerned the board did not do
its duties of overseeing the department,” she said.
Rep. Paul Holvey, D-Eugene, said many of the short-
comings revealed in the report had been noted in a 2015
department audit by the Secretary of State.
“We are six years later dealing with the same damn
issue and I don’t see any improvement,” he said.
In Daugherty’s resignation letter, he said he had dis-
cussed the decision with the governor’s offi ce and decided
it would be in the best interest of the newly reconstituted
board and the department to select a new state forester.
The Board of Forestry has the authority to hire and
fi re the state forester, which left the governor’s offi ce and
lawmakers with less control as fi nancial problems grew.
The board put Daugherty on a performance improve-
ment plan while lawmakers demanded that Daugherty
begin submitting monthly fi nancial reports.
Gov. Kate Brown also expressed frustration last
fall with her inability to remake the board and bring
stronger fi nancial expertise to its ranks, as lawmakers
from timber-dependent counties joined Republicans to
deny her board nominees. That changed this spring, as
the Senate confi rmed three of her nominees to the board,
effectively remaking it.
COUNCIL
Continued from Page 1A
“This is an opportunity for the City and County to
discuss united efforts to improve the situation regard-
ing COVID within Baker City,” Cannon wrote in his
report to councilors.
Over the past two weeks, Baker City Mayor Kerry
McQuisten has been interviewed on several television
and radio programs to talk about the resolution the
Council passed, by a 5-2 vote, on March 23.
The resolution declares “an economic, mental health
and criminal activity crisis due to the current COVID-
related state emergency declaration and relating
OSHA mandates and guidance.”
Although the resolution acknowledges that the
city has “no legal ability to summarily fl out these
mandates, guidelines and enforcement by OSHA, and
therefore cannot protect any local businesses from
State-directed targeting, repercussions and penalties
if such local business personally chooses to ... ,” several
other cities have either passed similar resolutions or
discussed doing so in the wake of the publicity over
Baker City’s action.
Other items on the council’s agenda for Tuesday
include:
• A proposal to extend for fi ve years the city’s
contract with Baker Aircraft to serve as the fi xed base
operator at the city-owned Baker City Airport.
Under the current fi ve-year contract, which expires
June 30, 2021, the city pays the company $22,000 per
year. Baker Aircraft is responsible for plowing snow
off the runways as well as other maintenance. The
company also offers charter fl ights, aircraft fueling and
maintenance, and fl ight instruction.
The current contract includes a provision for up to
two fi ve-year extensions with Baker Aircraft, which is
owned by Troy and Genevieve Woydziak.
• Approving a resolution authorizing the temporary
closure of the Court Plaza, on Court Avenue between
Main and Resort streets, for the weekly Baker City
Farmers Market. The event is scheduled on Wednes-
days starting June 2 and continuing through Oct. 31.
The Court Plaza would be used between noon and 7
p.m.
• Approve proclamations declaring May as Mental
Health Month and Wildfi re Awareness Month.
Spring is here
for ranchers...
Please watch
for animals!
• Lumber
• Plywood
• Building Materials
• Hardware
• Paint
• Plumbing
• Electrical
And much more!
3205 10th Street
Baker City
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