Richard Lee: Recommendations By Counsel

From: MEMORANDUM TO CLATSOP COUNTY COMMISSION NUMBER 2

Counsel has recommended that staff action include:
1) Enforcement action be undertaken on the Planning Code violations.

2) Stop work orders be issued on the Building Code violations.

3) No further County permits be issued until compliance is achieved.

4) Issue a letter to the Lees that they will only be permitted in Community Development offices for a pre-arranged meeting with management staff, that no other staff will be permitted to speak with them on their personal issues, and that any threatening behavior may result in the issuance of a “no trespass order” as provided for by Oregon law.At this point, Counsel would recommend that the Board consider the following actions:
1) Support the County Manager and County staff in upholding the law.
2) Determine whether you will authorize the release of this Memorandum and theGoldsmith Report to the public at this time or resist disclosure.
3) Put safeguards in place in your communications with Commissioner Lee to avoid disclosure of information material to the defense of the Lewis and ClarkDevelopment, LLC Tort Claim. Commissioners will need to careful in theirconsideration of issues and handling of documents pertaining to CommissionerLee.
4) Be aware Commissioner Lee may have conflicts in the following areas:a. Any matter involving the Community Development Department includingland use appeals.Memorandum to the Clatsop County Board of CommissionersFebruary 8, 2008Page 8b.

The Community Development Department budget, and the County budget generally if funds must be budgeted for litigation.c. Enforcement actions against him and any disputes he has with the County.

Counsel and staff will need to communicate on those issueswith Commissioners at meetings from which Commissioner Lee isexcluded and maintain the confidentiality of such communications in theinterest of the County as a whole.This unique situation is caused by Richard Lee’s actions that have placed him in aposition of legal adversity with Clatsop County.

We recommend the Board of Commissioners supportCounty Staff in enforcing the law in their decision to prohibit any construction activity on the property untilthe regulatory matters are resolved and are in compliance.

If Commissioner Lee chooses not to complythen the Board of Commissioners should make clear that the Board’s expectation is simply that staff shalltreat any member of the Board of Commissioners exactly as the County would treat any other member ofthe public at large.

On employment matters, we recommend a non-interference stance in support ofCounty administration as overseen by the County Manager.

We recommend Commissioners affirm thatthe Board does not condone any Commissioner, a Commissioner’s agent, or indeed any citizen,manifesting threatening behavior toward County Staff, and thereby acknowledge the seriousness ofthese matters.

We further recommend that the Commissioners be sensitive to the need to protectconfidentiality in the preparation of any defense to any litigation brought by Commissioner Lee againstthe County.