Prineville, Ore. – The Crook County Cemetery District provided notice last week of a August 27th public board meeting, amid ongoing controversy surrounding issues of grounds maintenance and violations of Oregon’s Public Meetings Law (OPML).
The notice, which appears to be the first time the special district has provided proper notice of a meeting which includes an agenda, having frequently provided little to no actual notice that included a required agenda. The special district had only posted on its Facebook page two days prior to its last July 11th meeting — having also failed to provide a required agenda per ORS 192.640.
Early this month the CCCD also posted that it was cancelling its August 12th regular meeting, but that notice raised more questions as the regular meeting was expected for August 8th, the second Thursday of the month which the district typically holds its meetings. The notice of the meeting cancellation drew other questions from citizens who are closely following the controversies, including questions from the Prineville Review who the district has repeatedly failed to provide notice of numerous reported “meetings” that took place in the weeks following its July 11th meeting.
The Prineville Review also learned from staff with the Crook County Library, that CCCD Director Jamie Wood had arranged for a smaller meeting space on August 12th at the library, but that the time had also been moved up to 3:30pm, 30 minutes earlier than the typical meeting time of 4pm.
Roxanne Cummings-Basey, who served as a director for less than a week following the July 11th meeting, resigned her position while leaving a scathing review of the conduct of other directors. It was also discovered that Cummings-Basey, before her resignation, had also originally scheduled the district board’s August meeting to take place in a larger meeting room that would more appropriately facilitate the anticipated public attendance, and for a later time of 5pm.
The boards failures, which also include illegal meetings involving the firing of its now former manager Cory Nelson, resulted in the filling of a lawsuit against the CCCD by this reporter for numerous alleged violations of the OPML on August 12th. A motion for a temporary retraining order and preliminary injunction also followed, but the court has yet to rule on the motion.
The lawsuit also brought claims under both the US and Oregon constitutions for free press and speech violations, both for the efforts by directors Jamie Woods and Velda Jones to restrict the public as well as the news media from filming, including during the course of public meetings.
The complaint also alleges that the failures to provide notice of meetings also appeared to be an effort to restrict free press rights and access to such meetings, and further went on to seek a temporary restraining order and preliminary injunction to prevent the district and its officials from any efforts to even attempt to restrict recording during such meetings, as well as to require the district to cease holding illegal public meetings and executive sessions without notice.
The Prineville Review obtained numerous copies of several signed and verified resolutions that were submitted by the CCCD with the Crook County Clerk’s Office. Several of these documents were dated and signed during the week of July 15th to the 19th. The CCCD had not only failed to provide records as part of our July 11th records request, but has yet to this day to even acknowledge the request.
The Crook County District Attorney’s declined to get involved in fully reviewing our public records petition seeking an order, citing that she had no authority as the district is overseen by elected officials.
However, the Oregon Public Records Advocate Todd Albert pointed out in a recent message to both this publication and District Attorney Kari Hathorn that public bodies which are custodians of records are subject to such review by the Oregon DOJ or respective district attorney, and DA’s are only prohibited from orders that involve records in which an elected official could be considered the sole custodian. Such situations would likely involve documents like notes and other personally drafted records by elected officials in which were not being retained by the public body itself.
Hathorn’s decision not to fully review the petition now leaves this reporter and the Prineville Review with the discretion to proceed to filing another complaint seeking a court order for the release of public records, a matter which would be in addition the existing lawsuit for the claims on the alleged constitutional and public meetings violations. Her decision was also made despite the CCCD also reportedly ignoring the petition and messages from this publication and Hathorn on the petition.
Our records request focused on seeking routine accounting and bank documents, as well as routine communications between the organizations staff and directors. While it should not be required under the records law, as the documents are required under the OPML to be made publicly available, we also sought copies of past meeting minutes and agenda’s, which the district has still as of yet to provide or make publicly available.
Nelson, the recent district manager who the Prineville Review discovered was terminated by directors Jamie Wood and Velda Jones, recently spoke exclusively in an interview with the Prineville Review. While a coming story will fully outline that interview, Nelson did confirm he intended to bring suit against the cemetery district for his firing and was in the process of meeting with legal counsel.
Nelson stated that he was never afforded an opportunity for his review in executive session, nor was he provided an opportunity for a public hearing which such officials are reportedly afforded under the Oregon Public Meetings Law. He stated that he returned to the district’s offices on the afternoon July 18th, finding both Wood and Jones present, who promptly informed him of his termination.
Wood’s and Jones’ presence together, as well as their action, would have constituted a meeting under the OPML, and is one of the actions resulting in claims in our own lawsuit.
“I absolutely would have wanted them to hold a public meeting on their action against me, because I believe I’m being scapegoated,” said Nelson, who was also not an elected member of the board, but the official appointed to run the special district’s day-to-day operations.
Additional allegations were also brought against Director Jamie Wood claiming she illegally signed checks for the final paychecks for Nelson and another employee who resigned upon Nelson’s termination, despite the claim that Wood was not a legal signatory on the district’s bank accounts. Nelson further corroborated the allegations during our interview, going on to claim that the district’s bank had actually refused to honor the check initially that had been signed by Wood.
The Prineville Review obtained a copy of one of the checks which had originally been signed by Wood that the bank allegedly would not honor. The revelations only deep questions related to the district’s financial management and transparency.
One of the agenda items set for tomorrow’s meeting involves review and resolutions related to bank account signatory.
Wood and Jones have both ignored our repeated efforts seeking comment, including requests made in-person with the district’s interim manager in recent weeks.
Wood did however provide statements to the Central Oregonian that were part of a August 5th story. The Prineville Review also learned from multiple sources critical of the CCCD that Wood reportedly also works for the Central Oregonian, but no mention of potential conflict of interest was included in the publication. Wood’s own social media profile also stated she works for the Central Oregonian as a “Graphic Design/Prepress technition” [sic]
The Prineville Review also filed a formal grievance for the repeated meetings law violations as part of a new and separate process recently passed by the Oregon Legislature under HB 2805. The process allows anyone to submit a grievance directly to a public body, providing them with 21 days to respond to the the complainant and to include a copy of the complaint and reply to the Oregon Government Ethics Commission.
A complainant can then decide to initiate a formal complaint to the OGEC if they are not satisfied with the response, or if the public body and its elected officials fail to respond to the grievance.
Previously, the OGEC could only investigate alleged violations of executive session under the OPML, but not other violations. Oregonian’s were only able to file costly and often prohibitive lawsuits against public bodies and its elected officials for alleged violations of the OPML.
The CCCD Board’s next meeting will take place August 27th at 4pm at the Central Oregon Community College Open Campus in Prineville at 510 SE Lynn Blvd, Prineville, OR 97754.
The full notice and agenda, along with a zoom meeting link for remote attendance, can be found by clicking here.
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