The Blue Mountain eagle. (John Day, Or.) 1972-current, October 21, 2020, Page 18, Image 18

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    A18
NEWS
Blue Mountain Eagle
Countersuit
Continued from Page A1
county of obtaining the con-
tents of her cellphone from
a law enforcement agency in
Idaho, including nude photos
from when she was a minor,
and improperly disseminat-
ing them.
The defendants denied
any wrongdoing and have
filed motions to dismiss
Olson’s suit.
Palmer seeks $100,000 in
damages for the “outrageous
and sustained campaign of
false allegations ... made
with actual malice and timed
to have maximum effect on
the November 2020 elec-
tion in which (Palmer) is a
candidate,” according to his
lawsuit.
Palmer accuses Olson
of stating on Facebook that
Palmer breached into her
personal life and should be
held accountable and that
Palmer viewed every photo
and video from her cell-
phone, including naked pho-
tos of her as a minor, and for
publishing to a third-party
that Palmer viewed sexu-
ally explicit images from
the phone, according to the
lawsuit.
Wednesday, October 21, 2020
Palmer lists four counts
of defamation that subjected
him to “hatred, contempt and
ridicule,” diminished the
“esteem, respect, goodwill or
confidence” in which Palmer
was held “or otherwise
excited adverse, derogatory
and unpleasant feelings or
opinions,” according to the
lawsuit.
Palmer also lists four
counts of invading his pri-
Larson
Continued from Page A1
McGorrin
concluded
Sproul and Traylor’s affida-
vits lacked basic detail, did
not identify a continuous five-
year period, did not indicate
when they first started mak-
ing observations and did not
explain how they were able
to make observations of the
water usage on private land
or where they were when they
made the observations.
“Mr. Larson, however, tes-
tified persuasively that he used
water as permitted by all three
water right certificates for ben-
eficial use during the period at
issue, except during the after-
math of the Canyon Creek
fires,” McGorrin said. “(The
Larsons) offered evidence
corroborating Mr. Larson’s
testimony, including affida-
vits of neighbors and photo-
graphs. (Sproul and Traylor)
offered no testimony or exhib-
its to counter (the Larsons’)
evidence.”
Traylor said his involve-
ment began when he
approached the Grant County
watermaster after hearing Lar-
son and the watermaster had a
dispute. He said the watermas-
ter told him, “You don’t want
to talk to me. Call the state
water department.”
Traylor said, when he
called the state office, they
asked if he knew anything.
Traylor said he told them, “not
beyond what I’ve seen driving
on the highway.” He said they
asked him if he would sign a
statement to that effect, so he
sent in the affidavit.
“We thought if anything
was going to happen, it would
be Water Resources bringing
the case against Gordon (Lar-
son), and we would just be
witnesses,” he said. “... All I
did was cooperate with Water
Resources when they asked
me if I would sign a statement
with what I knew.”
Larson, who was cam-
paigning for Grant County
commissioner when the affi-
davits were filed, said it was
a politically motivated attack
by special deputies from the
Grant County Sheriff’s Office
and members of the Oregon
Water Resources Department.
Traylor said he had not
vacy, which placed him in a
false light.
“Defendant’s statement
was a statement of fact, and
not a mere allegation, which
accused (Palmer) of illegally
accessing and viewing nude
images of (Olson) includ-
ing nude images of her as a
minor,” the lawsuit states.
“Defendant had knowledge
of, or acted in reckless dis-
regard, as to the falsity of
the publicized matter and the
false light in which (Palmer)
was placed. As a direct and
proximate result of (Olson’s)
invasion of (Palmer’s) pri-
vacy and placing him in
a false light to the public,
(Palmer) has suffered mental
and emotional distress, all to
his noneconomic damages in
an amount to be determined
at trial but not to exceed
$100,000.”
“The results of the (Depart-
ment of Justice) and subse-
quent inquiry through DPSST
speaks for themselves,”
Palmer said. “I do not have an
interest nor do I wish to com-
ment. Nor do I have the time
to do so.”
Oregon Water Resources
Department Public Informa-
tion Officer Racquel Rancier
said the department employ-
ees followed protocol and
only provided information to
the public as they would do in
any case.
“The department has fol-
lowed its processes and
believes that it is unfortunate
that there is a perception that
the department is any less than
a neutral party in these mat-
ters,” she said.
issue was originally brought
forth by Jim Sproul to Sher-
iff Glenn Palmer in an attempt
to influence the November
Grant County commissioner
election.”
Wilderness trees
Contributed photo
Gordon Larson irrigates on the Berry Creek Ranch after he prevailed in a contested water right
hearing and was allowed to use his water rights again this summer.
been a special deputy for years
and only had that status while
a member of the Sheriff’s
Posse or Search and Rescue,
though he said he helped cre-
ate a natural resources plan in
2015 and could not remember
if he was deputized for that.
A letter submitted to the
Department of Public Safety
Standards and Training by
Sheriff Glenn Palmer’s attor-
ney in response to a complaint
from Larson states that Tray-
lor was deputized in 2015 to
help with a natural resources
plan and resigned in 2016.
The document states Sproul
was deputized in 2014 to help
with the resources plan and
resigned on July 25, 2016.
The December 2019 letter
states the special deputy pro-
gram “has not been in exis-
tence since 2016,” but Palmer
has deputized County Com-
missioners Sam Palmer and
Jim Hamsher after the letter
was written.
Traylor said the Oregon
Committee Volunteers Needed
Grant County is now recruiting volunteers to serve on
active boards and committees.
Department of Justice inves-
tigated claims of false swear-
ing by he and Sproul but
“could not find any evidence
of false swearing.”
Larson said Sproul and
Traylor also made false
allegations he improperly
removed trees from the wil-
derness bordering his ranch
and that he failed to obtain
the proper permits before
implementing a water project.
“The common denomina-
tor amongst all those special
deputies was Sheriff Palmer,”
Larson said. “...I’ve never
seen an attack of this nature
levied at a family.”
In an email, Palmer
declined to comment.
During the 2018 elec-
tion cycle, Sproul and Tray-
lor also claimed that trees in
the Strawberry Mountain Wil-
derness adjacent to Larson’s
property were illegally sal-
vaged after the Canyon Creek
Complex fires in 2015.
Traylor said downed trees
are still visible in the wilder-
ness along neighboring prop-
erties, describing it as “a
sweetheart deal for Gordon
Larson and no one else.”
The Eagle submitted a
Freedom of Information Act
request to the Forest Service
on Oct. 11, 2018, seeking the
investigative report and any
complaints or correspondence
about the allegation. The For-
est Service regional office in
Portland provided the docu-
ments well after the election
on June 3, 2019.
The documents include a
memo signed June 1, 2016, by
Steve Beverlin, the Malheur
National Forest supervisor at
the time, stating that immi-
nent hazard trees along private
property boundaries were to
be felled to a distance of 1.5
tree lengths from the property
line by forest workers and that
trees “felled onto private prop-
erty for safety reasons will be
left and be the responsibility
of the land owner.”
The
documents
also
included the daily logs of a
Forest Service law enforce-
ment officer who investigated
the incident and photographed
the scene who determined the
Forest Service fell the trees.
“Forest
Service
law
enforcement and other indi-
viduals investigated the site
and no trees were improperly
removed,” Beverlin said. “The
Water project
Complaints were also made
that Larson failed to obtain the
proper permits for an irriga-
tion improvement project on
his ranch.
The project to move
points of diversion on Berry
Creek and Canyon Creek was
intended to provide a more
efficient and effective water
delivery system while improv-
ing fish passage and habi-
tat, which was supported by
the Confederated Tribes of
Warm Springs and the Ore-
gon Department of Fish and
Wildlife.
Grant Soil and Water Con-
servation District Board Chair
Patrick Voigt said in an April
13, 2018, statement that the
district provided lead project
management and construc-
tion supervision through the
implementation of the proj-
ect’s infrastructure in 2016
and 2017.
“The district has also been
responsible for obtaining the
applicable permits and clear-
ances necessary to authorize
the project’s construction and
resulting operation,” Voigt
said. “Permits governing the
installation of the project’s
infrastructure were issued
prior to the start of construc-
tion work in 2016.”
Voigt said the district also
submitted a water right trans-
fer application in 2017 that
was anticipated to be issued.
In a June 6, 2018, letter
to conservation district man-
ager Jason Kehrberg, Oregon
Water Resources Director
Thomas Byler points out that
it was the district that autho-
rized project construction
before obtaining the water
right transfer permits.
“I strongly encourage you
to obtain all necessary per-
mits and approvals before
implementing project con-
struction,” Byler said to Keh-
rberg. “Carrying out con-
struction before permits or
other approvals are obtained
creates unnecessary risk for
participating
landowners,
funders and the district. ... In
the future, please work with
out local watermaster and
other department staff to com-
plete the needed water right
processes and reviews before
constructing the project.”
Obtain an Application to Volunteer from County Court,
201 S. Humbolt, No. 280, Canyon City OR 97820;
(541-575-0059) puckettk@grantcounty-or.gov
Applications are due by Tuesday, Nov. 3 rd , 2020
Committees are formal public bodies required to comply with
Oregon Public Meetings Law ORS 192.610.
College Advisory Board
Seven members plus three ex-officio members serve a three year term and meet monthly to promote
local educational opportunities and identify educational needs within the community.
Extension & 4-H Service District Advisory Council
Eleven members serve three year terms and meet semi-annually to provide guidance and assistance
to local OSU Extension staff in planning, developing, and evaluating balanced educational programs
directed to high priority needs of county residents. Membership is limited to one re-appointment.
Library Advisory Board
Seven members serve four year terms and meet monthly to promote public awareness and support of
library services, receive public input, review and update library materials, and coordinate activities
with the Grant County Library Foundation. Membership is limited to one re-appointment.
Mental Health Advisory Board
Seven members (including two consumer representatives) serve three year terms and meet no less
than quarterly to facilitate the provision of quality mental health services to county residents and
enhance community knowledge of available programs and services. Acts as the Local Alcohol and
Drug Planning Commission and Developmental Disabilities Advisory Board. The board is a formal
public body required to comply with Oregon Public Meetings Law ORS 192.610.
Natural Resources Advisory Committee
Nine members serve one and two year terms. Members must live in Grant County and constitute
a representation of agriculture and livestock production, timber and wood products production,
recreation, hunting and fishing, water resources, mining, cultural resources and advocates for natural
resources stewardship through continuation of the customs, culture, health, safety and economic
stability of Grant County.
Planning Commission
Nine members serve a four year term and two alternates serve a two year term, meeting as needed
to review land use and zoning applications and discuss city and county growth issues and siting
new facilities. Members must be residents of various geographic areas within the county and no
more than two voting members shall be engaged in the same kind of business, occupation, trade
or profession with agriculture designations of livestock / forage crop production and horticulture
/ specialty crop production. Commissioners serving in this capacity must file an Annual Verified
Statement of Economic Interest with the Oregon Government Ethics Commission. Members must re-
apply to the County Court before their term ends if they wish to be re-appointed. The commission is
a formal public body required to comply with Oregon Public Meetings Law ORS 192.610.
Senior Citizens Advisory Council
Five members serve three year terms and meet semi-annually to define the needs of older adults,
promote special interests and local community involvement, and represent senior citizens as an
advocate to the local, state and federal government and other organizations.
Wildlife Advisory Board
Created by Resolution 1993-29. Nine members serve three year terms and meet as needed to
discuss issues regarding big game management and make recommendations to Oregon Department
of Fish & Wildlife, including tag allocation and hunting season structure as they relate to population
and damage of property.
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