Prineville, Ore. – The now former manager of the Crook County Cemetery District (CCCD) has filed a lawsuit for wrongful termination, according to a complaint filed last month in Crook County Circuit Court and served on officials last week.
The legal complaint comes after the sudden July firing of Cory Nelson by the special district’s board of directors — all amid controversy involving the district’s alleged mismanagement of cemetery grounds and violations by its board of directors of Oregon’s public meetings laws.
Repeated board resignations since February have now resulted in a board consisting of only appointed members which were not directly elected by Crook County voters.
The Prineville Review obtained a copy through court records of the complaint from the CCCD’s former manager Cory Nelson, filed by his attorney Andrew Fitch with the Redmond law firm of Fitch & Neary, P.C.
The complaint alleges Nelson’s termination was illegal through the boards multiple violations of Oregon’s Public Meetings Laws, including failing to provide Nelson the opportunity for a public hearing in lieu of an executive session, and failing to provide notice or allow news media to be in attendance to an executive session as required under the law.
“Plaintiff was affected by the unlawful executive session held on July 17th, 2024 by the CCCD Board. As a result of the session, he was terminated as executive director of the CCCD,” the complaint stated.
“At no point prior to July 17th, 2024, did the presiding officer of the CCCD Board identify authorization for holding an executive session. At no point in time the CCCD Board give public notice of the executive session held on July 17th, 2024. At no point in time did the CCCD Board give Cory Nelson notice of the Executive Session held on July 17, 2024.”
Nelson’s lawsuit is asking the court to voided the decision related to his firing, as well as a reinstatement and all backpay. He is also seeking all attorney fees and court costs, as well as any “other relief as the court deems proper.”
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It also creates new questions amid the boards current process to hire a replacement. Cemetery employee Craig Yustat was also appointed, albeit during another illegal executive session meeting by Wood and Jones, as the interim manager responsible for the district’s day-to-day operations.
This reporter also recently filed a separate and earlier lawsuit against the Crook County Cemetery District, not only for alleged violations under the Oregon Public Meetings Law similar to complaint filed by Nelson’s attorney, but also for alleged violations under the Oregon and US Constitutions for its attempts to restrict this publication’s recordings of officials during public meetings.
In July, board members Jamie Wood and Velda Jones attempted to stifle and prevent any recording of themselves.
Despite obtaining legal counsel, the district has yet to fully comply with the production of records sought by this publication as part of an early July public records request. Despite a five business day deadline just to acknowledge the request, and ten more business days to provide production or articulate the reasons for more time to produce certain parts of the requested records, the CCCD did not even acknowledge this publication’s request until September 6th.
One of the records the CCCD and its attorney’s are currently contesting is this publication’s request for electronic records that contain an audit log of data related to management actions of the district’s Facebook page. One of the district’s attorneys, Ashley Wigod with the law firm Jordan Ramis, PC, stated in a September 6th response that such records did not exist, and that the records law did not impose a “duty to create” or provide records that do not exist.
The Prineville Review rebutted the assertion that the records did not exist. We had also provided the courtesy of explaining an easy method that Facebook already provides to export this electronic data in a very effortless manner.
“To be clear, while we explained that we requested this export, this was merely explained as a courtesy to inform the district of how to obtain data stored on behalf of the district in electronic format,” explained the Prineville Review.
Our response went on to outline that such electronically stored data was subject to the records law, and that merely claiming that exporting such data was “creating” a record was clearly inaccurate based on legal precedence and clearly outlined by the Oregon Attorney General.
“A “writing” is also broadly defined to mean handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings. This encompasses information stored on virtually any medium, including information maintained in “machine readable or electronic form.” states the Oregon Attorney General’s Public Records Manual — also referencing ORS 192.311(7) and ORS 192.324(3).
Our response went on to quote the AG’s manual which explains “…a public body is required to retrieve pre-existing information, which includes electronic data stored in databases. This obligation exists regardless of whether the public body has actually generated a report for its own use that contains the requested data. Information is not exempt from disclosure simply because it is stored electronically or because retrieving the data would require a public body to query its information systems in ways it otherwise might not.”
Despite our September 23rd response, as well as indication of our intent to seek further appeal with the Crook County District Attorney, and ultimately action in circuit court if necessary, a September 27th response from Wigod continued to claim that no records exist.
She did expand that she would be “reviewing the records law to identify whether the requested management log is required to by generated by the District Board.”
Wigod said she would respond further by October 4th. She has provided some of the other requested records, although several records in full or part have also yet to be provided. That included disclosure of general ledger of the districts finances from its accounting software for 2024 which we are also making publicly available here. Requested bank statements that would support the provided accounting records has yet to be provided.
The Prineville Review had previously called on the existing board members, Jamie Wood and Gary Bedortha, during it’s September 10th meeting to release the records.
The meeting was the first for Bedortha who had been appointed by Wood as well as now former board member Velda Jones who announced her resignation during the boards August 27th meeting.
Bedortha briefly spoke with the Prineville Review about his new appointment, which reportedly came about after he was recommended by current Crook County Commission Seth Crawford, but he declined to answer any questions if the conversation was audio or video recorded.
When responding to questions about what the change he hoped to bring to the Cemetery District, Bedortha explained:
“I go in with an open mind, I’m going into this neutral.”
“I think it’s clear for everyone that some things clearly need cleaning up, but I want to pick up from today and move forward,” Bedortha also remarked.
Bedortha, a Paulina area rancher who has been active in sage grouse conservation to stabilize and improve habitat, most recently served as a member and then chair of the Crook County Planning Commission. He also serves as the representative of Zone 3 for the Crook County Soil & Water Conservation District.
Neither Wood or Bedortha have given any indication related to our direct calls to release records specific to the management of the organizations Facebook page. Wood, who also has admitted to being the one in charge of the districts Facebook page, has avoided all attempts seeking comment by this publication.
Wood did however speak to the Central Oregonian shortly after Nelson’s firing, although it was not disclosed that Wood also works for that publication.
The Crook County Cemetery District is currently working to appoint the position now vacated by Jones in order to regain a full three member board.
During the board’s September 10th meeting, a planned executive session to consult with legal counsel on current or potential litigation was set to take place on September 17th. It appeared the call for the executive session came about following Bedortha’s inquiries of Wood and other staff during the boards September 10th meeting, inquiries that were ultimately related to Nelson’s firing. However, an announcement on the district’s Facebook ultimately stated that meeting was cancelled.
The district has also ignored providing the required response by September 15th with a motion or answer to the complaint filed by this reporters legal complaint. Service of Nelson’s separate legal complaint, also filed in Crook was made on September 23rd, giving the district until late November to file a motion or its answer.
Wigod also provided a response to the Prineville Reviews second grievance in recent months submitted under Oregon’s new HB2805 for alleged violations of the Oregon Public Meetings Law, a process now under the full purview of the Oregon Government Ethics Commission (previously the OGEC only had jurisdiction to review violations of the executive session portion of the meetings law).
However, the CCCD Board failed to respond within 21 days to our first grievance and sent its response to the OGEC by the September 6th deadline. That now provides for a formal complaint to be filed with the OGEC that would likely trigger a formal investigation into Wood and Jones.
According to the OGEC, their cases are also brought against board members individually. A previous July 2023 OGEC staff advisory opinion also revealed that since such investigations are against board members in individual capacities, they are generally unable to also use governmental resources and legal counsel should they desire to have such representation in the course of the OGEC reviews and investigations.
According to the OGEC, doing so would likely result in a violation of ORS 244.040 (Prohibited use of official position or office; exceptions; other prohibited actions).
“… if a publica official facing an ethics case before the Commission requests or allows the city attorney to assist the public official in responding to an ethics complaint or represent the public official before the Commission, it could violate ORS 244.040(1).”
It is unclear if either Wood or Jones have obtained any separate legal counsel in light of the potential of a formal complaint with the OGEC, either from this publication or other citizens who have also been critical of the alleged mishandling.
The Prineville Review also made clear that any formal submission of such complaints to the OGEC would not include Bedortha who had not been a member of the board at the time of our previously alleged violations of the meetings law.
Nelson previously spoke with the Prineville Review in August and revealed his intent to take legal action, also explaining that he was being scapegoated by the board due to increased attention and his efforts to be transparent with the media.
“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.
This is an ongoing story which we will continue to keep you updated on.
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