HomeMy WebLinkAboutDocuments Submitted at Meeting
Information Technology Department
90 Nor1h Mountain Avenue
Ashland, Oregon 97520
(800) 735-2900
City of Ashland
Memo
To; Martha Bennett - City Administrator
Flam: Joseph Franell - Director of Information Technology
CC:
... 11/7/2006
... Communications and the ListServe
Following are notes from today's preliminary discussion about how to enable more effective
communication between the members c:i the City Council and the citizens c:i Ashland.
We identified five distinct communications paths:
· Citizens to the Council
· The Council to Citizens
· The Council to Council
· The Council to Staff
· Staff to the Council
We identified four specific goals in relation to the above paths:
· Communication should be as immediate as possible
· Communication should be transparent
· Methods of communication must be simple and easy to use
· There should be no staff moderation of communication
The latter three communications paths seem to be served effectively by the "Council Business"
ListServe except that access to view the archives needs to be easier.
Two options for serving the "CItizens to the Council" and the "Council to Citizens" communications
paths vvere discussed. They are as foIows:
· Use the current Comment to Council ListServe with the following changes:
o Rename it to "Ashland City Fonm" or simlar tltIe
o Post instructions for use and purpose in plain language in multiple locations
o Make link to it very visible on City webslte
o Create a mechanism for citizens to e-mal all counclors easny without having to
subsaibe to the ListServe.
· Attempt to get concurrence from all other forum owners (Tidings, Chamber, etc.) to aeate one
"Community Fonm" that is pointed to by all web links. This would centralize an electronic
public discussions making for a less scattered approach to citizen communications.
1
RUTII M. MILLER
PIIILIP C. 1L\NG. LC0)W
.-;I;:t1t-':;J~.
758 B Street · Ashland. Oregon 975'20
Residence 541 · 48'2-8659
Office!fax 541 · 48'2-5387
November 2, 2006
Mr. Ronald Bersin, Executive Director
Mr. Don Crabtree, Acting/Interim Executive Director
Oregon Govt. SeBndards & Practices Comnission
100 High Shreet S.E.
Suite 220
Salem, Oregon 97310
Re.: Complaint Against Ashland City Councillors and Mayor(s)
Dear Messrs. Bersin and Crabtree:
.-.. .
I am filing a formal complaint with the GSPC against eny Ashland City
Concillors or mayor(s) who may have accepted free tickets to the Oregon
Shakespeare Festival (hereinafter referred to as OSF)in violation of
Sections 244.040(2) and 244.020(8)(e).
This issue, as well as the larger one of an ethics code fo.r elected
and appointed officials has a long history. The practice has gone
on for years - probably decades, despite complaints and warnings
from many quarters - including the former Executtve Director of
the GSPC - L. Patrick Hearn, who appeared in Ashland on Hay 5, 2006,
and who responded specifically to the question of concillor$ and ~yors
accepting OSF tickets, which he characterized as both unethical and
illegal. (Exhibit 8).
At the same time, OSF has enjoyed continuous gifts of p~opertyp
grants of land and numerous other benefits, .g~a;!e fQr OYe.r half
a century!
I am attaching a narrative and exhibits that 1 hope will fa~~~~tate
your investigation.
PHIL
at taahments
cc: }~yor(s and City Councillors affacted
(1)
WHO IS CHARGED?
Those charged are any mayor(s) or city councillor(s) who have accepte!!
OSF tickets. Since the statute of limitations is four (4) years, this
includes those serving in these positions in 2003 t~rough 2006.
A list of councillors and mayor(s) is attached as Exhibit 1. (One
councillor - Jack Hardesty, died in office in 2006~' -
WHAT STATUTE(S) HAS/HAVE BEEN VIOLATED?
ORS Section 244.040(2) states:
(2) No public official or candidate for of-
fice ,or a relative of the public official or
c~ndldate s':tall solicit or receive, whether
dl1'ectly or ~ndirectl:r, during any calendar
year, ~ny glft or rfts with an aggregate
value 10 excess 0 $100 from any single
source wh~ co~ld reasonably be known to
~ave a le81s1ative or administrative interest
m ,any governmental a~ency in which the of-
fiCIal has or the candIdate if elected would
hav~ any offi,cial position or over which the
offiCIal exer~lses or the candidate if elected
would exerCIse any authority.
It is not known how many OSF tickets were accepted by ~shland Officials
in 2006 or previously. (The current top price for tw~ tickets is over
$100). The assumption is that officials would be offered at.~east
two of the best seats each time.
The so-called "Portland Trailblazers Amendment - ORS 244,020(8)(e)
does not prohibit accepting such tickets is the entertainment is
"experienced. . . in the presence of the provider thereof..,.":
(e) The giving or receiving of entertain-
ment if the entertainment is experienced by
the public official or the Fublic official's rel-
atives in the presence 0 the purchaser or
provider thereof and the ,value of the enter-
tainment does not exceed ,$100 per person on
a single occasion and is not greater than
$250 in anyone calendar year. _._
In his appearance in Ashland on May 5, 50026, the GSPC Execut~ye
Director stated that experiencing the entertainment on the OSE grounds
did not meet the requirements of ORS244.020(8)(e) (Exhibit 2), The
question was probably prompted by a preposterous "r~ingof the ,. :taw"
by City Attorney Hichael Franell at the c.i.ty council study sess:i;Qn
of ~~rch 9, 2006, when the issue of accepting OSF tickets was ra~sed
again. He opined that since the spirit of Shakespeare was al~ve
at OSE, those who accepted tickets were in fact experiencing the
entertainment "in the presence of the purchaser" and thus no law had
been broken. (See Exhibit 2 - Minutes of the l1arch 9, 2006 Study
Session. This session is also available on video, and. is much more
colorful when viewed).
(2)
A BRIEF HISTORY OF THE ASHLAND/OSF RELATIONSHIP
The importance of dealing with this alleged violation of law is heightened
by surveying the relationship between the City and OSF in the years since
OSF's founding in 1935.
The Festival started in 1935 when Angus Bowmer, an English professor at
what is now SOU put on Shakespeare plays during the July 4th weekend
in the fire-gutted oldChataug~ facility in Lithia Park. The City lent
Bowmer $400 to support the productions, which were successful, Presumably
the loan was repaid.OSF was subsequently organized as a ~rivate
(non-profit) 50l(c)(3) corporation. Its "campus" was on City of
Ashland owned park land - the old Chatauqua site. In 1970-1971 the
Angus Bowmer (indoor) theater was built - also on city park land.
In 2001 the "New Theater" was built, on city owned land (the Hargadine
parking lot). A new high-rise parking facility was also built at the
same time. It was physically connected to the theater and obviously
meant for the use of OSF patrons during the season.
All of these developments were funded directly, or indirectly, with
gifts of City funds and property:
1) The "campus" - Elizabethan and.-Bowmer theaters are sited on Lithia
Park land. Thse use is governed by leases going back to 1954.
OSFt'has never _paid fOIl the use of this land.
2) The "New Theater" is sited on the City's former Hargadine parking
lot, conveyed to OSF in violation of ORS 271.310.
3) The City, with noq>ublic hearing or vote, indebted the taxpayers
for a loan to build the parking lot- principally for the use of OSF
patrons.
In 1979, the City inaugurated a "motel/hotel tax" known as the "transient!
occupancy tax" a large part of which goes to support "economic
development". Under this guise the City has been giving large grants
to OSF every year (well over $100,000). This generosity is acknowledged
in OSF's program (Exhibit 3). Notable about this "gift" are:
1) It is larger by. many times than that given to any other arts/cultural
organization in Ashland.
2) It is given yearly and continuously.
3) OSF does not have to provide an accounting of how the money is spent-
although all other organizations are required to do so.
-,
HAS THE CITY BEEN AWARE OF THESE QUESTIONABLE PRACTICES?
In 2005 the _city underwent a Charter review process. The Charter Review
Committee was repeatedly requested to include a section in ethics in
the proposed revisions. It consist,~~tly declined to do so. An "alteq1,ative"
charter review group - "We The People" was organized by citizens and
also prof erred ethics sections for the revised charter. These were rejected.
On January 3, 2005, this complainant appeared and recommended adoption of
a Code of Ethics, providing a copy of Portland's (Chapter 1.03 of
Portland Charter). (Exhibit 4).
On June 21, 2005, complainant again appeared at Council and underscored
the need for an ethics provision in the revised charter, specifically
referring to the Ashland/OSF relationship (Exhibit 5).
(3)
This appearance sparked an e-mail 1uquiry from the Daily Tidings
reporter asking coouncil members and mayor about their acc:eptance of
OSF tickets (Exhibit 6). It is not known whether any or all of the
councillors or mayor(s) responded. No information was ever published
by this or any other reporter.
On August 16, 2005, this complainant once again appeared at Council
to "keep the issue of an ethics provision in our reviwed charter before
you". (Exhibit 7)
In January, 2006, complainant again appeared bef0re council at its first
meeting, again stressing the need for an ethics provision in the Charter.
On March 9, 2006, at a Council Stludy Session" the afforementioned
'.'in.terpretation of ORS 244" was made by the city attorney.
(Exhibit 2)
On October 3, 2006, the council had an item agenda on adoption of an
ethics requirement for elected and appointed officials. This would
apply the currently existing ethics clause for employees to these
officials as well. It was never reached on the agenda. It did not
appear on the subsequent agenda of October 17th.
WHERE IS INFORMATION AVAILABLE QN THIS MATTER?
The list of mayors and coouncillors within the compass of the statute
of limitations is attached (Exhibit 1), They can all be contacted v~a
the Ashland City Hall office. Some have admitted taking QSF tickets~
some have denied doing so. Some have never made a statement about it,
Tjere may be records of who received tickets, when, and how mahy, at
the office of OSF. Contact: Paul Nicholson, Executive Director at
OSF - Box 158, Ashland, Oregon 97520; phone: (541) 482-4111),
The issue has been discussed many times at formal oouncil meetings
and study sessions. These ara available as minutes or on streaming
video at the Ashland web site: www.ashland.or.us. The City Recorder
has copies of videos of the various meetings.
CONCLUSIONS
For many years - decades - various councillors and mayors have accepted
gifts of tickets to OSF. This has repeatedly been identified as unethical
and illegal formally at council meetings. The former Oregon GSPC
executive director has specifically identified acceptance of these tickets
as unlawful. Meanwhile, the Ashland City Council has bestowed many
benefits, grants of money and property on OSF.
The question is not whether these have been purchased by gifts of tickets.
The questions. are:
1~ Is it not wrong for Ashland public officials to create suspicion in the
public mind of such a connection by accepting these gifts? (ethical
question) (;'
2)Is it not wrong under law for Ashland officials to accept gifts of
tickets? (legal question)
(4)
The answer is I'YES!1l to both questions.
COl1PLAINANT'S REQUESTS
1) That this matter be fully investigated as mandated under the law and
the provisions of ORS 244.040 et. seq.
2) That those mayor(s) and councillor(s) who have'wiolated the law be
sanctioned.
attachments: Exhubits 1~6
cc: Mayor
Councillors
Former mayor and councillors within compass of the law
10!29/2006 05:03 FAX
Fax
Date:
To:
Fax:
From:
Total Pages:
Mr. Lang,
IilJ 0(:1
i"l-/f1&ff 1
CITY OF
ASHLAND
October 31, 2006
Philip Lang
541-482 -5387
April Lucas, City of Ashland
2 (includes cover)
Here is the City Councilor and Mayor information for the past four years. I am sorry. but I do
not have their addressee. Please let me know If I can be of further aSsistance,
Sincerely ,
April Lucas, Assistant to City Recorder
2006
Mayor:
Council Position 1:
Council Position 2:
Council Position 3:
Council Position 4:
Council Position 5:
Council Position 6:
~J)1t.....~rI--,~
John Morrison~-~~
Jack Harde5ty; Alice Hardesty (appointed 7/2006)
AJex Amarotico
Cate Hartzell
Kate Jackson
Russ Silblger
David Chapman
~
Mayor: John Morrison
Council Position 1: Jack Hardesty
Council Position 2: Alex Amarotico
Council Position 3: Cate Hartzell
Council Position 4: Kate Jackson
Council Position 5:. Russ Silbiger
Council Position 6: Chris Hearn; David Chapman (appointed 612005)
CITY REC0RI:St8S OFI'ICE
Tet 541-488-5307
20 eutMaln StrMl Fax: 541-552.2)59
Ashland, Orolgon 97520 TTY, 800.73>2900
www.uhland.llr.us
~&,
H/2912fHJ6 05; 04 f'AX
~
Mayor:
Cou ncil Position '1:
CQuncil Position 2:
Council Position 3:
Council Position 4:
Council Position 5;
Council Position 6:
2003
Mayor:
Council Position 1:
Council Position 2:
Council Position 3:
Council Position 4:
Council Position 5:
Council Position 6:
~
Mayor:
Council Position 1;
Council Position 2:
Council Position 3:
Council Position 4:
Council Position 5:
Council Position 6:
Alan DeBoer
Don Laws
Alex Amarotico
Cate Hartzell
Kate Jackson
John MOrrison
Chris Hearn
Alan DeBoer
Don Laws
Alex Amarotico
Cate Hartzell
Kate Jackson
John Morrison
Chris Heam
Alan DeBoer
Don Laws
Susan Reid
Cate Hartzell
Cameron Hanson; Kate Jackson (appointed 412002)
John Morrison
Chris Hearn
CfTY RECOItDY"S OFFICE
Tal: .541~-~T
20 Eat Main Slrlil FlOC 541-552-2059
A8IlIand. DIIlgOIl 97520 m: 8lXl.7~.2S00
ww.asllland.or.ulI
.~.
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~002
City of Ashland, Oregon - Agendas And Minutes
~1htJlr~
Page 1 of 4
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Thursday, March 09, 2006
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MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
March 9, 2006
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 5:22 p.m. in the Civic Center Council
Chambers.
ROLL CALL
Councilor Hardesty, Hartzell, Jackson, Silbiger and Chapman were present. Councilor
Amarotico was absent.
1. Street Condition Assessment and Financing
Interim Public Works Director Joe Strahl introduced street employees Steve Burkhalter
and John Peterson.
Mr. Strahl explained that a street condition inventory had been completed and it indicated
that there is a.back-Iog of streets that are in need of repair and the condition is getting
worse. He stated that the number of streets and expense related to repair is increasing.
Overall there is approximately $5.3 million worth of unfunded street work in the city that
needs to be addressed in order to maintain the system in a cost effective manner. The
department is prepared to do what is necessary but cannot do the work without the
money.
Staff recommends thj:lt a task force be appointment to work with staff to develop funding
options for council's consideration.
Mr. Burkhalter gave brief explanation on how streets are evaluated and determination on
the condition of the street.
Mr. Strahl explained that it is not unusual to have a back-log of streets in need of repair
and due to priorities in the department, the rise of fuel costs, level of average street
conditions and other factors can result in an increase in the number of back-logged
streets in need of repair. He stated that basing your standard on an average may not be
the way to go and he suggests concentrating on the low end of the system to make sure
more streets don't fall into this category. He explained that when deteriation sets in, in
sets in quickly.
~ ~ttn'//nTUTUT l'l~hll'lnil or 1l~/ Apenda'\.asn?Disnlav=Minutes&AMID=2548
11/1/2006
City of AsWand, Oregon - Agendas And Minutes
Page 2 of 4
Council and staff continued their discussion on various areas of the community where
street repair is needed. It was suggested that street System Development Charges (SDC)
be reviewed. Mr. Strahl suggested that the lower end streets be focused on as a priority
and that it could be part of a capital improvement project. He stated that the city does
contract out for engineering.
It was clarified that SDC's can only be used for improvement based on capacity and could
not be used for maintenance. Mr. Strahl gave examples of capacity improvements. He
stated that "load limiting" needs to be done with care, that there are streets that are
designed to handle certain loads. One of the problems with load limiting is that the
people in construction trades feel they are already paying the fair share of the cost.
Council and staff continued discussion regarding various streets with steep slopes and
how drainage is important in these types of streets.
Staff suggested forming a task force consisting of staff and citizens that could bring back
funding options for the council to consider. It was suggested that a sub-committee
consisting of staff and council may be a better approach due to the complexity and
different sources of revenue streams that may in competition for by other groups.
Finance Director Lee Tuneberg spoke regarding the various revenue streams. He also
noted that it may be beneficial to have a group look at various revenue streams to
evaluate whether we have our fees set appropriately. He stated that it is important to
look at what else Is being funded and that by having a group look at the big picture may
be important, especially if it is done sooner rather than later.
It was clarified that the task force would be to explore funding options, clear expectations
and have a time-line.
Mr. Tuneberg stated that due to the size of the project it will take longer to identify
funding and is a multi-year project. Mr. Strahl stated that there is a need to plan now in
order to plan projects.
Staff will develop a charge for the task force and may work with the SDC committee.
Council consensus was to move forward with the formation of a task force and will
determine who the members of this task force will be when the charge has been
developed and brought back to the council for consideration.
2. Ethics Code
City Attorney Mike Franell presented the staff report on the concerns that have recently
been expressed concerning public officials and ethics in Ashland. He sited these concerns
as 1) public officials using their position for personal financial gain and 2) public official
participation on issues in which the public official has a potential conflict of interest. He
requested discussion from council on tightening the provisions by the City relative to
public official ethics.
Mr. Franell provided several examples from various cities on what they have in regards to
ethics. He stated that there are very few cities that have ethic codes, as many rely on the
State's ethics guideline. He stated that the current ethic code by the City of Ashland is
one of the strictest, but that it relates directly to employees not elected officials and
members of Boards and Commissions. It is assumed that ethic laws for elected officials
and members of Boards and Commissions are based on the State's guidelines.
Mr. Franell explained, in relationship to the acceptance of Shakespeare tickets, that the
http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=2548
11/1/2006
,City of Ashland, Oregon - Agendas And Minutes
Page 3 of 4
donor of Shakespeare tickets is "Shakespeare" and that the council would be in the
"presence" of the donor and could then accept the tickets. He also spoke to the situation
where there is a "client for hire" before the Board, Commissions or Council.
He requested guidance from council in regards to elected officials, members of Boards
and Commission and the acceptance of gifts. Or, limit the "client for hire" if coming
before the decision making body.
It was suggested that the current city code incorporate the elected officials, Boards and
Commissions. Mr. Franell requested further guidance from council in regards to "client for
hire" before the board of which they are a member. He gave examples of "client for hire"
situations in order to clarify what this means. Council continued discussion on the level of
participation when there is a potential conflict of interest.
Mr. Franell stated that the City of Corvallis code is clearer and better understood than our
code, but is not stricter. He believes that having clear language is important, but trying to
define every area that officials would be precluded would be too cumbersome. The
important thing is to develop an overall policy.
Mr. Franell stated that there is a need to determine who would enforce the ethic code. He
shared the models used by the City of Eugene and the City of Salem.
Staff requested direction in regards to what to include in the Charter. His
recommendation is to use language currently used by the City of Gresham, where the
council had direction to provide an ordinance for ethics. Further direction was requested
on who these ethics should apply to and whether to tighten up the ethics in regard to
"client for hire." And, how do you want to enforce the ethic procedures. Mr. Franell stated
that he prefers that the City Attorney's office handle ethic complaints.
He clarified that he is seeking direction from council on how restrictive the council would
want to be on restricting someone from representing a client for hire before a commission
or board. '
Council continued discussion in order to determine their direction on these
recommendations.
Council consensus on the short statement in the charter, with consideration of adding
some language that was included in the Portland code, to include elected officials and
members of Boards and Commissions in the current ordinance relating to ethics, consider
enforcement for ethic complaints be conducted through the City Attorney's office and to
tighten up the presentations before commissions/boards where the individual is a
member. Consideration of a time-frame for when an individual was a member of a
commission/board should be included.
It was questioned on what the consequences would be based on ethic violations. Mr.
Franell explained that if it were an employee, sanctions would be done by the supervisor.
For elected officials or appointed, it could be based monetarily or actually be removed
from office. He recommends that if an elected official was involved that it would be the
council that should render the sanctions.
City Recorder Barbara Christensen noted that she is currently working with the State's
Government Standards & Practices to offer a class on Ethics.
ADJOURNMENT: Meeting adjourned at 7:05 p.m.
Barbara Christensen, City Recorder
http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=2548
~~-~.
11/1/2006
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It
RUTII M. MILLER
PlIILIP C. LANG, LCSW
-;J.;;t~J~'
758 I) Street · Ashland, Oregon 975'20
Residence 541 · 48'2-8659
Office!fax 541 · 48'2-5387
January 18, 200S-
Distributed to:
Charter Review Committee
City Council & Mayor
City At torney
City Administrator
At the last Council meeting I asked that you consider the problem of
citizen participation. I was deeply gratified that at your goal setting
meeting last week you made that the top priority goal. I wanted to
remind you that excellent guidance is available from the Council generated
committee reports of:
Memorandum of the City Ad Hoc Communication Committee - 10/31/96
(Draft) Public Information, Communication and Marketing Plan
:adopted by Council on 9/15/98.
Bill S~reet's suggestions at Council meeting.
Tonight I want to recommend that you adopt. a code of ethics for Ashland's
elected and appointed officials. Unfortunately, the Charter Review
Committee has dumped the issue of adopting a code of ethics into the
"miscellaneous" category. It is receiving no attention let alone not
being made a priority for inclusion in the re:vi'aed charter.
ORS 244 covers "fair practices and ethics". But it is narrow and limited.
It specifies only a. few'.blatant behaviors as formally unethical. We
need a code of ethics more comprehensive than that. We needn't look
far for a perfect model - indeed a code that can easily be adopted whole
and entire.
I commend to you the City of Portland City Charter Chapter 1.03:
Code of Ethics. It is comprehensive, straightforward.' It is'writtten
in simple, declarative sentences eveqmne can' unders1Zand and apply.
This short, two-page chap-ter covers definitions, trust, objectivity,
accountability and leadership. Beyond making rules and sanctions for
ethical behavior, it constitutes a framework, and sets a tone for
the best behavior of elected and appointed officials.
I commend it to your attention and request that its consideration be
made a core issue in eharter revision.
PHILIP C. LANG
attachment: City of Portland Charter-Chapter 1.03: Code of Ethics (2 pp.)
RUTII M. MILL"ER
PIIILIP C. Li\NG. LC~W
.~;7~",=-.
758 B Street · Ashland. Ore8on 975'20
Residence 541 · 482-8659
Office!fax 541 · 48'2-5387
June 21, 2005
To ; Hayor
City Council
City Administrator
City ATtorney
Re.: Ethics in the Charter and Gratuities from OSF
On January 18, 2005, I appeared before you tG,...recommend that you adopt of code
of ethics for Ashland's elected and appointed officials. I gave you
a copy of the City of Portland's Charter Chapter 1.03: Code of Ethics,
which I a1rach for reference again. I suggested that it be made a core
issue in Charter revision (Exhibit #1).
At that meeting I said: "Given the g~jjng'fTon in federal, state, and perhap'"
'city governments, who can be against an ethics provision?"
Tonight I want to underscore the need for an an enforceable ethics
provision by exposing one of those "g'\l)!iings-on" in Ashland. I refer to
our elected officials - some, perhaps all of you - accepting free tickets
from the Oregon Shakespeare Festival.
This acceptance of gratuities from OSF has been going on for years. I for
one had greater expectations given the changes in our mayorship and council.
But the practice goes on. It is unethical and improper.
The City.of Ashland's relationship with OSF goes back the entire life of
the Festival - to 1935. Current major involvements include;
1) Each year OSF receives over six figures in cash allocation from the hotel/
motel tax. It is cited as a "sponsor" in the OSF theater program under
"gifts of $100,000 to $250,000". (Exhibit li2). This has amounted to
millions of dollars over the years.
2) Every 25 years the OSF lease on the theater cnmplex, which sits on Lithia
P.ark land is renewed as a matter of course. Ac. each renewal the requirements
forOSF to provide usage of its facilities to the community is reduced.
OSF pays nothina for this lease.
3) The City gave OSF (in violation of ORS 271) our Harg~dine parking lot
for its new theater - for no consideration.
4) The City "reinterpreted" the planning ordinance limiting building size
to allow construction. Afterwards it indirectly admitted its "mistaken"
interpretation and allowed the original ordinance to stand - but OSF
had its "nonconforming structure" theater.
5) The City indebted the taxpayers for almost $700,000 to finance a parking
Ethics in the Charter and Gratuities from OSF - 6/21/05 - p. 2
lot, primarily for OSP patron use.
6) There are other numerous and ongoing advantages OSF enjoys from the
City, many of them of questionable legality: illegal and dangerous
sidewalk paving, initiation of construction five months before receiving
a building permit (new theater), and on and on.
These all amount to tens of millions of dollars in cash and "in kind".
Any city official, el~cted or ~ppointed, who accepts emoluments from
OSF under these circumstances is acting improperly and unethically.
The acceptance of such gratuities also appears to be in violation
of section 244.020 of the Government Standards and Practices Act.
(Exhibit iI3).
I,itherefore request the Mayor ami Countil to do the follm.]ing:
1) Those who accepted OSF tickets should
a) Admit to it.
b) Commit to not doing this again.
c) Pay OSF the price of the tickets received.
2) The 1myor and Council should explicitly and strongly support the
inclusion of an ethics chaper in the revised Ashland City Charter.
I am attaching an essay: "Ethics & Ashland City Goveenment" (Exhibit 114).
PHILIP C. LANG
OSF Member #43481 (since 1982)
attachments
Ruth Miller
~lfh8;rb
-
Page 1 of2
-
From:
To:
Sent:
Subject:
"Colin Swales" <colin@mind.net>
<ruth@mind.net>
Wednesday, June 22,20059:59 PM
Vicky to Council
Philip & Ruth,
FYI, From the Councillistservre:
Colin
Hello Ashland City Councilors and Mayor,
<! --[if! supportEmpty Paras ]--> <! --[ endif]-->
I wanted to follow up on our very brief conversations after the council meeting on Tuesday, June 21,
about acceptance of Oregon Shakespeare Festival tickets. I hope you can answer the following questions
to the best of your recollection. (John, since you were gone, you may want to get an update from Mike
Franell and see his memo if you haven't already done so.)
<!--[if !supportEmptyParas]--> <!--[endif]-->
I will be out of town until Tuesday, June 28, so there is no rush to answer these immediately. I hope that
will give you time to try and remember as accurately as you can. Please send your answers to
valdous@dailytidings.com (instead of pushing "reply" and sending answers back to this sender e-mail
address. )
<!--[if !supportEmptyParas]--> <!--[endif]-->
1. How many tickets have you received this year and in past years?
2. Do you remember when you attended the performances (the date of performances greatly affects the
price; i.e. summer tickets are worth more than spring or fall tickets)?
3. For those of you who served on the Citizens' Budget Committee before coming to the council, did you
accept tickets while on that committee? Did any other organizations, especially the ones receiving the
economic and cultural grants, offer tickets?
4. Do you plan to comply with Philip Lang's request to commit to not taking tickets again and to pay
back the price of the tickets to OSF?
5. How does OSF offer the tickets? Is it an unlimited number oftickets or "up to" a certain number of
tickets? Are they for any time, or for times when the theaters are less full, like spring, fall, Mother's Day,
weekdays?
6. Were you aware of the $250 yearly cap on the acceptance of gifts?
7. Any general thoughts about whether it is appropriate for you to accept tickets, or anything else you
want to add?
6/23/2005
Pdge :1 tjf 2
<!--[if !supportEmptyParas ]--> <!--[ endif]-->
Thanks for your help on this. As I told some of you and wrote in my article on the Tuesday council
meeting, I also have received free tickets from aSF, so I need to do a complete story on this issue and
not "sweep in under the rug," as some would say.
<!--[if !supportEmptyParas]--> <!--[endif]-->
Vickie Aldous
valdous@dailytidings.com
479-8199 (home office where I can be reached afternoons and evenings)
6/23/2005
b!J!18lT
PHILIP C. LANG. LCS\;'
RUTH 1'\. MILLER
.I:
i
--; 1f'I:~' .. 1--:
758 B Street Ashland Ore~on 97520
Residence 541 · 482-8659
Office/Fax 541 · 482-5387
August 16, 2005
To: Mayor
City Council
City Administrator
City Attorney
Re.: Ethics Provision in Charter
"
I am once again appearing here to keep the issue of an ethics
provision in our revised charter before you.
Here is a brief history of this issue:
On January 18, 2005, I appeared before you to recommend that you adopt
a code of ethics for Ashland's elected and appointed officials. I
gave you a copy of the City of Portland's Charter - Chapter 1.03.
I am giving you a copy again, tonight,
Subsequently, the Charter Revision Commission was informed of the need
for an ethics provision in the charter at the public meetings it held.
It was not on their agenda, and was relegated to "etc." or "misc."
on their various chartpaks. TIleir final recommendations do not
mention an ethics provision.
Meanwhile, the Ashland Constitution Dialogue group developed its
recommendations, which are before you.
On June 21, 2005, I appeared before you using the tns~nee~ofyyour
accepting gifts from OSF as an example of the need for an ethics
provision that alone with other important nrcwisos, stipulates that all
public officials never acc~pt gratuities of any kind in any amount.
As far as I know, except for our Mayor, who esche\{s accepting such
gratuities, all of you accepted OSF tickets. None of you has, to my
knowledge indicated publicly how many tickets youDhave received and
their value - nor any other gratuitiesoffere&accepted from other
entities. I do know that OSF proudly advertises the "gift" (sic)
it receives from the City of Ashland which exceeds $100,000.
City Council re: Ethics - 8/16/05 - p. 2
On July 5, 2005, I met with the City Attorney. He had produced a
memo, dated 6/20/05, stating the GSPC rules and finding that they
had not been violated. In a subsequent Tidings article, Mr. Franell
was quoted as saying that "technological changes" that could occur
meant that ethics provisions, if adopted, should be in an ordinance,
rather than a charter chapter.
1) In our conversation he denied saying that, which implies a
"situational ethics" attitude. Core ethical principles do not
change.
2) l.!' pointed out that ordinances have a bad habit of being repealed,
or ignored when they don't allow the desired result (viz. repeal
of the B & B ordinance, violation then "reinstatement" of the
"Big Box" ordinance, etc.). Mr. Franell acknowledged this as a
point he had not considered.
We need to note that the GSPC ethics guidelines are less than minimal.
They are written by lawyers, for lawyers, which is what most of our
state legislators are. They are written to keep them off the hook or
get them off. They Fave little to do with core ethical values
and principles that govern our personal and business lives and should
govern our public officials.
~'1ore than, a little amusine is the fact that Ashland has an excellent,
Code of Ethics in AMC 3.08.020. Its deficiency lies in the fact
that it applies only to employees! Would that its preamble
was respected by our elected and appointed officials and its provisions
incumbent upon them:
SECTION 3.08.020 Code of Ethics.
^- Declaration of Policy. The proper operation of democratic govenunent requires that employees be
independent, impartial and responsible to the people; that govenunental decisions and policy be
made in the proper channels ofthe governmental structure; that public office not be used for personal
gain; and that the public have confidence in the integrity of its government. In recognition of these
goals, there is hereby established a Code of Ethics for all employees, whether paid or unpaid.
~. _ /:;:::::._;~;:i~)~:!:::::~m;::!;
I am attaching materials previously submitted in the hope that you
will take action on ethics: a critical issue affecting everything you
do:
Portland ethics chapter
AMC ethics chapter
Essay on Ethics and City Government
&1J-/18JI i
---
L... . ;Pi~(~I:
" ':~~,,~ '. ' '.' . -:-, ,f:G: I
, .1\~illapQ"gtf~~,: >
.e'~'t'::;J'hi" ,'.. "'c;?sf~;l' . e~..s~':;;~S~~.f:oj~'nif$~b:
.1 . ' " - ,". , -,', ' - ~., }:~:" ., '"
. -7"',
By Robert Plain' .. .'. . r~' "
"'" .~~an:dp~~r~~!f~"'.J;~:i,}:~,:t';:'ii'~<':;: i
.' .... : AShland cit! councilors ~.aYL\1~v.~vio\.'
. lated state ethics rules wl:1e~:.~y;.~()<:~pt~d' .
free tickets and, attflnded pl~yifl:l.nhe' Oi-: .
egon Shakespeare Festival, said L': Patrick-' '.
Jle.aI1l, the executive directofofth~Oregon. .
Government and Standards :Comssion
whowas in AShland on'Friday to:giVl:! a
. 'Se:qrinar on ethics for public offidaIs}'~.i' .
,:";',' He said state law allow~ puplicofticjws.
. ;i. in Oregon to ac~eptgifts .of ~efiteffainInent
"'only if they "eXperience" theenttuiaiiunent ,
. in.the presence of the .gift':giver; Heam (C:' . I
said this .exception is kno~;~.:~~~'''P~r!'-. ...........: '.1
'land Trailblazers amendiiient"ihecaU$e It.,":", i
..;: t.'=~. ::sp..~rtNifall.b. as.'o.......~..V.~.b.~..b. Y1.......~.$am.ls.....~t...:."..,.';....~.....:..1
m Portland. That the' enfei'taiimiimtwas"';/,::'.",-"
. e1q?erienced ont.lu~ festivalj~roUil4S'is'Ilo~';:" :L, !
,: :'~~Q~~~ir~1iiiit~~~1, i
:"noting that aro-qnd the'time:th!it,'t ..' . it.,":
~~i{"d~~~j.~~~,t0f~~,
. -told ,her thebot1ioni line:wi:iit'half ,," . df'~";,;;;"
'i::no't'tai.e [the tickets];"::~ .' ';;:~Xi;:;~'
I,' ;,-,~r,He,:als(} said .Paulii 'BroWll~. .... 'and's;.........
. publlcworkS direct6r wlio~tig~t~di:l..jo~
~;t~lilnprovement cii$trictto: a;.'. . "hborIlood
'in which she Q~~d,'prop(, .'. q.,~~9t.
. have haa- l:l.-cotifl.ict of irit,ereE!tUt regardS .
to the Nevada LID issue had ~h~, be~n ..
., charged the same assessment':' as 'tlie -rest. .
o(the neighbors. :sqtbeE:~~~~:~h'e":W~>bhly. ,~. ::
".'.' ""~'" ""'.'dPll.:ar~~<ll\.... lta,lf.. a,sS~$.~~~n~1;~:l.,'\ .tl.. ;,.1I~B:t.,..~~.I.' o~.
....... .'" oes not qulilifyfor.tM~cht$p~cepti9n" to
. 'the state.'$ co~ict ofip~e.~e~H\w~a' ..'
Except for'. specIfi.c. cU"ClllD:Bt811
.~.~ clfUl~ ~~cep~i9n.~publj~~ffrci ': .
electedpf. J!IP.ploy,~e.~ o~;:~'. .
· whic:q'~Mre areE!q~e:gO.Q,QQ:
. ,mUsbliue a public ' or wri~t
. wheIl ~ey have an. actual or a p
. ccjnllict of interest.' " .
.'!Elected officials and members of boards
and commissions .must: publicly disclose
"conflicts of interest," he said. "Public'em:
... ployees must make disclosures ip wri,tihg.". '.
Hearn was in AShland at the- bequest.. of '.
City Recorder :aarbllr8, Christeusen.:'irhq\.
. set up the seminar as an educational eVept~::,
for AShland residents' arid 'public officialf3:;'/" :
. The semiIlar waf! hosted by the Oregon As-~:,:o; '.~'
sociationo$f Municipal Recorder~lU!d ., . . ,:....~.ii,~;7;i(:,
. the public 10 to attE;xid. "';'. ;'." :':,,:-,'ik ...... ,,',,:. .
Heard said he was familiar, with 'poth::" :'~.:
aforementioned examples of ethical Unpr()-.:' ,
priety in AShland, blJ,t his offi,ce; the$ta,tl:l' '" .
Government Standards and Practices GOIn-::::>.;.-
missio~, Ilever issued formalopiniq~~_,~n.;:<;j :
either matter because they only do SQ whl:!n;;~{t:--,.
formally reque!jted to in writing. He!laid',>.'<
. I his office is 'b,appy to give infonnaI'oP4lloIls"Yi:,-
to people (jver the phone but foraJ9fi1:1at':i':
. opirilon from. the GSPC.' ou~must;'~nte.'\j4!;f'
.. them a: letter~" '".., . .... ,'. ,-'I:-.,'~~1)i!\,:,4:,~f~i!:"t;.:.
'J Throughout the seminai se~eralp'~QPl~}h;:':;;; :
, asked for his opinion ofilii parte cQil;ta~t;'i""i:'/ .
~"'"' ,',..' ",~:,/_,,~~:';:~:'_ ." - - _ '~_,t_::,'j~i~~~~~~~tIrjE~~S'~~~:.i~.:
'()r iIiformation that could have a bearing ()U:!I,I'
,'quasi-judicial hearing such as a :planriing~c};:
,'hon: He said the Oregon League .of CitieslUid'
i\ToWDS woul~ probably be the b~storgm4if~~o.#\7
',to ask questions. about land u~e.m~tters'i+;"j:';;;;A,I(
'.:' . '!Reme~ber, Just because It 18 ~egal,'~9.e~u't. '
'-make ,it ethical," Heam said several :times' l
throughout his seminar. He opine!! thafli Pt!;q:~ ',.
~c official who fre<Iue~tly w~rksll!f,:l:l;'~up::cqIldl
tractor ~()~.!l~~e?9:~ ,dQlIl~~J1S~~s~ ~.~.' ". 'j
niightn:6t1be 1~'g~IW~:q.{rii~a"td:m!l'clo;sit:", " . . ?t,\'"c, ;"1
.. lationship but; in hisnuiJ.!i,lt woUlq lle ~he right";,,, ~:I
~ry11':: u~t'c~v.~rl:!~'!>~l;\vt~~i~l,,'~bJ~:~\i~:;'th~~~i~;.,:.',',.~...~
be disclosed '"he sind;apout'w~rkitig fQ~.sOJne~".~ -
one wh6doe~'busmess~~th<ijle:!;~~;}"~'1iEfYth~I~:::,;. ',:\
jdeais to be as transparentitsp'ossIN~':Tl1ebotr: ", ': :\
tom line is: don't ever be afr~dt(J AiE!~lolleit It, j
. ~~~~e~~c~~~~;~t~~~~~~f;~l~r'~~~:': "
", '. , ""',"" ,,.. '-J< ~. ,.t. ,-..,J, 'f' .". ~.".'
'Sta,ff writer Robert Plain can be (ea,~h~.~.i:48?;}1.~g "
, . .x. ?26 or bplain@dailytiqin?S,s?,m't'~!. ,;:(\' . :'i
. . 'h.',.' he ....." . ~.I '\
','.'.."'.' ." 'lw1
/YJT~!~
,..
,::,;:..rJ" .
. .. . ..:';/31f."':>':
c . :.",. ""~ .~,_.,'.:>~:,.~'H'L.::I!
.. J,'~ ~,~'-' _
Ashland Council"
faces,: ~J,hic~:~'r()b{~:'
, :~:~~~~~eLAI~ '" . :1' h~i~~~~~~~~~~~6W~';~-:"
, 'ASHLAND - City CoUncil be ~t.tellqing th.e .ey~?t:}\'ith'<'.,;~.;
membe~ li~ely'a<;ted improJr tbem/~ Hearq saId, llotIngm~r ,; ,~:;. i
erly when they acc~pted free. around tbe ~ime tPis iss'\le Wa~':,.". '
ticketsandattendepplaysattbe broughtupatacoun~ilmeeting,...~, '.'"
. . . Oregon Shakespeare Fe'$ijyal, hewas contacted by ameinbet:;'.'
.' accordmgto a statepfnCfa( .' .,~ oftlieAshlaridGitYCoun~liask-;?i;'"
L:PatrickHearn, executive' ingfpr ~.s opinioQ.. '!ltoldher' ~.i"
;:'di~ctOr bftbe Oregon G6Ye~. ~i;!l,lottODiMe'w~ful!i~~q~a/.'(:.[;,
" mentS~dardS~d~a,~tices{ nottake(tbeti<:kets?,::~"t;i~~Fr~):;...... ':,'"
:.< C.Olllfl.1,l~sl()n? tp.~~e tile ~sser- ~'.. '. H;e~~Q~e~fdllp~:;U,>V:(,;,'
"', tion~t I! se~l1narO~ etQ,ICf! for) tbelett~r.oftpe J~~,ISI1,1~_~~~~;~T;.1'?;\.";
,e ~publicQffi<:la.lshe14mMllland, . enough (orPl!l?h,<: Q~C!~~~';!t:tf15:;"T.>.f.: I
.',on;Friday. All Qgv.twtt ,m~!Il~'<;"RepleDJ,b~rl jl!S~:gE!~~H:s.~ ',',,;';;/\,
!~::;:~g'td~~htlyg~~1,~t1a~k ~V~,ttf~~~~i4::~~:l~~~~iti2~":;'
';, O~F;~dmltted,!l~C~J}t,HJ.g;the : . For !1J~Q.ce,Ae,Jla!d ~J?1;!b .~, '''1\"'1
':;fr~e~~~~f$:w.~~~'~~RP!:;qf.9~F r-.omgi~l wb:q,g~~!i~ptJ~~f .' 1
:,".and. C.lty,g9V..e,~P.]-e,nt~J,"P'lf~t.ri .a~~.~u.q~Jln~~~t9:rifQr,;Ii,~m
.. i ~e !ssue ug ~~;M~Y>>S~l~~~t~ ~,one,do~bW'me,s~j-Ylt:l\tJl~Ql ".
Jjmgln~}Pl:~. ";,,j1fi~f'f;' ":': ';"; t.ry I ,~ghtnotbeleg~lY;r.~~Wfe,q; q'~:>'i< .. f
' ';. " Althq1JgJl tq:!:1P,\tY~s a~q.l;1l~y " ~qse,th.e,f.f;1P,tt9, 'bl1t,.1l1;;(;;;,""
;' sa'fd'lnJune 'th~t'be"liE:Uie~~d [, his mind, it"WQ , . ," tT~/1. '.
(,.the'free 'Hekets)w:~t'~:l€glil, r ',thfugt~~9.~~' -".. '. ",;. '
,'Hearnsaid state ia\v allows~' ,'.',tThe'wllole l ell,' . . . ".., ,. . ;,J,'r,;:,
, 'pUblic"o~da~ in {)~e&q~ tQac~ i U'~I)~ii~t~~~:~~ip:<i~~t&..~~ml!~;~fi~f',~;
'ceptgiftSofente~inm~n~q~ly' bottomlin~ is ~o!l:t.ev~r.bl'! ,~ .
. iftbey~e,xperien.ce,"theei1ter-' afraidtodisclose.Itn~VeJ;Aqrts '" ...., ,
, ;J:~~e~t~~,tll~I?r~~~n~~qr~~ i to oyer7p~scJO,s~,.gp.t it g~v.l<i~h :/. ,
'" .~~~~~Jdtlii~~i~G~f~~ri~~' ~~io~:.~e~'~~~I";i,;:{~~~~~~~:':h;i',:~:,\,,_,
....-.tr~~:fn~~#~;~~~~~t.;..'.b~~~~f91'~~~tt~'7~,,:i:..i{?',,1.
. Wasp~s~d.mpartto~o,wJob-(, 'b~~fl;(thrist,l;'nsen,'Vqo;~~.t~~p:/
:,.,~=~::~~~;~~~!,:~:t~ f~~~'" " .
'f "" }~theC~o/Coun~il'~cMe,;~e-;( apgp~bl!~"~,,
, . cause the entertainme~t ~as .nar:. Was li~ste 011
, ' . ",' ,- ' " . ".' , I' I., - .'~ '_ '. ,.f,. ..... ~', ..L -1- ....r... ': . , ' ","~'"'
'e~p~rienc~~'. QP.. tl}~:l~~,t~yal..! A$,~9.~!~tlp~;.q~.~AA.~~~P~!.~~r.:-
~~~nd.1) ll'on~~~BP~ ~~8H~h, i ;co;c.I~~\:~,i?:~t...!: Y~.;.,~::i~~~:'7t\;~., ,I..'
. -..",.\..;...-:
1I!l()\) e-WI t>e.r- 7 ) & 0 0 G ".~".".~.;.......
1)eux- Cot{J'lc1lor'l>) M~r ((A~ 6'fy Mmiftisfmi-or
VJe-t~ -tD r~ -t"hre-<E- '-rtNmU\:u~ ! )
If1 S' ~~ ~t~ ~ c~;)t& ~r ~
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Dear Councilors and Mayor:
""
I'm concerned about the animals in Ashland who are tied up at their homes
for excessive periods. They suffer loneliness, frustration and boredom.
They als~ run the risk of strangling to death, getting abused by kids or
adults, getting attacked by animals, o~ dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure, Please pass a law to make this kind of animal abuse
illegal. ~le.3.'se heavily f'e-strict the tethering of dog-s and other animals
a t tr~e i r i h>=>mes '...
..;.
<P, .
~ By doing this, you
~~.~fisance, TheX're
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Dea~ Councilo~s and
Mavo~:
,
Il.
I'm conce~ned about the animals in Ashland who are tied up at their homes
fo~ excessive pe~iods. They suffe~ loneliness, f~ust~ation and bo~edom.
They also run the ~isk of st~anglin9 to death, getting abused by kids or
adults, getting attacked by animals, o~ dying of heatst~oke.
Jackson
chains.
have to
illegal.
at thei~
County allows animals to be tied fo~ thei~ enti~e lives on sho~t
This is not a life that anyone in Ashland, including pets, should
endu~e. Please pass a law to make this kind of animal abuse
Please heavily ~estrict the tethering of dogs and other animals
homes.
By doing
also help people. Chained
likely to bite peaRle
are often a barking
othp~ are.
SonsC\
CaU.'ns
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Dear Councilors and Mayor:
I'm concerned about the animals in Ashland who are tied up at their homes
for e:<cessive periods. They sl.J."f~f.).lolleli~ess, frustration and belt-edom.
They also run the risk of stranglin~ t~ death, getting abused by kids or
adults, getting attacked by animals, o~ dying of heatstroke.
.J s.c kson
chains.
have to
illegal.
at their
County allows animals to be tied for their entire lives on short
This is not a life that anyone in Ashland, including pets, should
endure. Please pass a law to make this kind of animal abuse
Please heavily restrict the tethering of dogs and other animals
homes.
By doing
will also help people. Chained dogs
likely to bite peaRle
'"\
often a barking
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Dear Councilors and Mayor:
I'm concerned about the animals in Ashland ~Iho aT'e tied up at their homes
for e:<cessive periods. Thev su't.fer, lonelin~ss. frustration and b.::>redom.
They also run the risk of stran'gll'lin~ to de~th, getting abused by kid,;; or
adults, getting attacked by animals, OT dying of heatstroke.
Jackson County allows animals to be tied for their entire lives cn short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily f'estrict the tethering of dogs and other animals
at their homes.
also help people. Lnained dogs
likely to bite
are often a barking
oth>='r doqs af'e.
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nuisance. Thev're
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Dear Councilors and Mayor:
I'm concerned about the animals in Ashland who are tied up at their homes
far excessive periods. Thev suffer loneliness, frustration and boredom.
They also run the risk of sirangling to death, getting abused by kids or
adults, getting attacked by animals, o~ dying of heatstroke.
Jackson
chains.
have to
i lle\)al.
at their
County allows animals to be tied far their entire lives cn short
This is not a life that anyone in Ashland, including pets, should
endure. Please pass a law to make this kind of animal abuse
Please heavily restrict the tethering of dogs and other animals
b::>mes.
also helpp,ople. Gnained dogs
likely to bite people
(l1(,
o/l ::);J-OArt!t..-AJJ;
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16. tl GtA-:J r ~~
Dear Councilors and Mayor:
I'm concerned about the animals in Ashland who are tied up at their homes
for e:<cessi ve periods. They sl...j.ffer lonel in~ss, frust ra t ion and bClredom.
They also run the risk of stran9Iing'to~ death, getting abused by kids or
adults, getting attacked by animals, o~ dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
cha i ns . Th is is
have to encktre.
illegal. Please
at their homes.
not a life that anyone in Ashland, including pets, should
Please pass a law to make this kind of animal abuse
heavily restrict the tethering of dogs and other animals
t:;y do i ng
will also
likely to
dogs are often a barking
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I. . .' . , '" . ';
, .. . . < l'i e tha. t anyone in A~h land, i nc hid i n9 ,pets, shou ld
endure. ' Please pass a 1 al.>l to make this kind of animal abuse
Please h,avily restrict the tethering of dogs and pther animals
homes.
By doing
help people.
likely
often a barking
r dogs are.
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f;~;t:'~,~,,, ,It 'r are
:<te$:s:t~ve-p i'm~s.d They suffer loneliness, frustra.tion aod boredom.
1:~y alSQ,t'tm the.t4';'Sik of strangling to death, getting abused by kids or
a.4~lts, getting ~tta.cked by animals, o~ dying of heatstroke. .
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in AShland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their homes.
j
~
also help people. Chained dogs are often a barking
likely to bite peop.le ~han oth r dogs are.
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Dear Councilor~ and Mayorc
I'm concerned about the animal. in Ashland \llho are tied up at their homes
for e:<ce$siveperiods. They .$,J-ff.er lonel im:it'l1iis~ frustration and boredom.
They also run the risk of _tranqling to death, getting abused by kids 'Or
adults, getting attacked by animals, o~ dying of heatstroke.
Jackson County allotAls animals to be tied 'for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their homes.
By doing this, you
..-n _.!1':1' i sa nce .
~e.,
also help,people. Chained
likely to bite
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OT'l,;en a barking
r dogs are.
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adiJ.'lts, getting a'tta,cked by animals, O'l' dying of .4rieatstroke.
'. trl:\pmes
bar~,pom.
by kids or
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pet~, should
have to endure. Please pass a. lal", to make this ki~d of animal abL~ge"'1
illegal. Please heavily restrict the tethering of dogs and other animals ,
at their homes.
By doing this, you ....'ill also help people. Chained dogs are often a barking
~uisance. The~'re als more likely to bite than oth r dogs are.
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Th&y al$O ~un the risk of strangling to death, getting abused by kids or
adults, "getting atta,cked by an.imals, 0" dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not.a life that anyone in Ashland, including pets, should
have to, endur'e. Plea~e pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their' homes.
By
also help people. Chained
Tore likely to bite
I':
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r dogs are. ""
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From:
To:
Date:
Subject:
"Cyndi Dion" <cyndid@osfashland.org>
"Barbara Christensen" <barbarac@ashland.or.us>
11/6/20063:28:35 PM
RE: FW: Appeal Document Mis-Labeling and Clarification
Thanks!
Cyndi
Cyndi Martin Dion
Oregon Shakespeare Festival
Business Office Manager
cyndid@osfashland.org
-----Original Message-----
From: Barbara Christensen [mailto:barbarac@ashland.or.us]
Sent: Monday, November 06, 2006 2:57 PM
To: Cyndi Dion
Cc: Lija Appleberry
Subject: Re: FW: Appeal Document Mis-Labeling and Clarification
Will make the change. Thank you for helping with clarification on this.
Barbara
Barbara Christensen
City Recorder/Treasurer
City of Ashland
Ashland OR 97520
(541) 488-5307
PUBLIC RECORDS LAW DISCLOSURE
This is a public document. This email is subject to the State
Retention Schedule and will be made available to the Public.
>>> "Cyndi Dion" <cyndid@osfashland.org> 11/06/06 12:48 PM >>>
Dear Barbara;
Lija forwarded your response to me. There is still confusion on your
part (and with a packet this large, I can understand!) The document
in
question which should be labeled "Appellants Written Testimony" was
e-mailedtoyourofficebymeonOctober16.2006.ltis the complete
testimony of our appeal. I have your e-mailed response stating that
you
confirmed receipt and would include it in the record. Please do so,
and
label it correctly.
Thank you,
Cyndi Dion
-----Original Message-----
Cyndi Martin Dion
From: Lija Appleberry [mailto:lija@mind.net]
. ,o'=:::@:..::' ,': ~,.
:::::..E~~i:~:I~
C't
p/ Y 0.' AShland
annmg CXhib't
CXhibit#~_~
PA#~~
Datdr o~ s- ~
taf'-~
rbClra ChristeDl)~n-RE:FW:Aee~al DocLJmentrvlis~Labelin and Clarification
Pa e21
Sent: Monday, November 06, 2006 11 :48 AM
To: Cyndi Dion
Subject: FW: Appeal Document Mis-Labeling and Clarification
-----Original Message-----
From: Barbara Christensen [mailto:barbarac@ashland.or.us]
Sent: Monday, November 06, 2006 9:32 AM
To: John Morrison; davidchapman@ashlandhome.net;
ahardesty88@charter.net; cate@mind.net; Iija@mind.net;
katejackson@opendoor.com; alex@standingstonebrewing.com; Russ Silbiger
Cc: Bill Molnar; Mike Franell; Maria Harris; Susan Yates; Cyndi
(Home);
kindlerstout@yahoo.com; nevadalid@yahoo.com
Subject: Re: Appeal Document Mis-Labeling and Clarification
Lija, I would be happy to change the labeling of the submittted
document
on the website to the actual title on the document. It was confusing
as
it was delivered to staff by Mr. Bullock and the document does not
clearly state who it came from.
As to the reference regarding Mr. Hearn. On his speaker form he
indicated that he was representing the "co-appellant" and
"applicant:Sage Dev., LLC." I will make the change to minutes to
reflect the additional "and applicant: Sage Dev., LLC."
In regards to submitting anything additonal to the November 7 packet,
my office does not add anything into the packets...the document that
you
are speaking of was handed out at the October 17th meeting along with
other exhibits and will be avaible to the council for the continued
hearing on November 7. The council has access to all this
information.
I will make sure that the November 7 electronic packet on the city
website has all the submitted documents from the October 17 meeting.
Barbara Christensen
City RecorderlTreasurer
City of Ashland
Ashland OR 97520
(541) 488-5307
PUBLIC RECORDS LAW DISCLOSURE
This is a public document. This email is subject to the State
Retention Schedule and will be made available to the Public.
>>> "Lija Appleberry" <Iija@mind.net> 11/05/065:26 PM >>>
We ask that this submission be included in the documents for the
hearing,
[B~i~~ra, C!1riste,b~~I5~g::FW:" ~l?pe~[Qg,c~!!lent M.i~~.Labelirig.and CJ~~ification~:~
copied, and submitted to Council before Tuesday, November 7,2006:
.=:",n.
'.'T____ """'0>."
- W'::= ,,=. .. ...... Pa e'3].,..
. , .... ~"..'~ ,....9 ,,'u,
------------------------------------------------------------------------
Dear Ms. Christensen; Council, Mayor;
It has come to the appellants attention that the labeling of the
appeal .
document submitted for the record by Cyndi Dion on behalf of all five
appellants, (October 16, 2006), and included in the October 17, 2006
packet
for Planning Action: 2006-00078 has been mis-labeled. The document
should
not be labeled "Art Bullock's Written Testimony", but should be
labeled
"Appellants Written Testimony". Although our testimony represents
the
entire scope of our appeal it is surprisingly not included in the
packet for
the November 7,2006 continued hearing! This omission and
mis-labeling
must be corrected immediately.
Furthermore, we want to make the council aware that Mr. Hearn's Power
Point
presentation given as oral testimony on October 17, 2006 was strictly
from
the applicant, and did not necessarily represent the views of all
appellants. We feel that crucial points made within our original
document
were omitted in the Power Point presentation. This was actually
caught
by
two councilors during the hearing.
The Power Point presentation that was given by Mr. Hearn and Ms.
Aguirre
during their "applicant" testimony stated that all appellants had
agreed to
the presentation. This is not the case. The Power Point presentation
was
not, at any time, agreed upon by all appellants. It was put together
solely
by the applicant.
Prior to the October 17, 2006 hearing, each appellant agreed to speak
to
their specific issues during the oral testimony period. We were all
surprised when Mr. Hearn spoke on behalf of the other appellants
during
the
applicant presentation. For this reason, we felt the need to
disclaim
Mr.
Hearn's representation during our oral testimony on October 17, 2006.
We
are extremely concerned that this may be misleading to the council,
x, ..' '..<", _ _'~_'.o ,_.hm'.,: "". '.Yo _ __ _________._____;<_:->>>>; ..' ___,_____o__V;'.,- .., _,_ __,__ ,
stensen - RE: FW: A.eal[)oS~l:lment ~is-LC!~~lirl9 arl.9 G.Ii3riJication
. .......~~.9i4
and
give
a false impression of our points in this appeal.
You must install the "Appellants Written Testimony" (October 16, 2006)
(re-named) to the packet for the November 7, 2006 hearing, to correct
the
errors. (We have attached another copy of this document.) This will
keep
all involved focused on the appeal points.
Respectfully,
Lija Appleberry
Cyndi Dion
Art Bullock
Kindler Stout
------------------------------------------------------------------------
We request the record be held open for 7 days following the hearing.
Thank you.
cc:
"Lija Appleberry" <Iija@mind.net>