Waldport Council Proposes Changes To How Complaints Are Handled And City Attorney Contact Rules

The Waldport City Council will be meeting tomorrow at 4pm at the Waldport Community Center. Two main items on the agenda are discussions of changing council rules regarding contact with the city attorney and how complaints are handled. City Manager Dann Cutter said this change regarding contact with the city attorney is being considered as the current language has created some confusion.

The new proposed rules would mean a city councilor may send a request to the City Manager for a response, and if the City Manager, in his professional judgment, feels it necessary, refer it to the attorney. Cutter stated a city council member failed to follow the council's direct instructions, costing the city over $1,000 for a question that he said could have been answered on the state's website.

The council is also considering a revision to how complaints from the public are handled. Recently, the city has seen a swath of complaints regarding city staff and councilmembers. Unfortunately, there is some vagary in the council rules around these complaints. New proposed rules state that all complaints must be in writing and sworn to under the penalty of perjury. No anonymous complaints would be allowed. Complaints would need to be hand-delivered or mailed; no electronic complaints would be accepted.  Also, complaints would only be accepted that allege a specific law violation. The proposal also says that the council would reserve the right to review the complaint and deal with it as they choose, including whether or not to respond to the complainant.

City Manager Dann Cutter said the reason for the change is to ensure that the complaints are real, substantive, and that there are legal consequences if the petitioner knowingly provides false information. Cutter added that if the new rules are passed, a petitioner of a complaint is filing an unsworn declaration. He said by doing so, if the complaint was found to have false information, it would be the same Cutter said as filing a false police report and the complainant could be charged with a misdemeanor for knowingly providing false information.

Cutter added that the requirements of the complaint procedure being considered are very similar to the Oregon State Bar Association or the Oregon Government Ethics Commission concerning anonymous complaints. He added that it doesn't prevent public disclosure but follows the same rules as other complaints that, while in process, are conditionally exempt from public record until the complaint has been adjudicated.

Cutter added that under these proposed rules, no one with an honest grievance with the city would be disenfranchised from making that legitimate complaint. Cutter said, "Curing government ills cannot happen behind closed doors, or by dishonesty hidden by anonymity. These rules empower those willing to tell the truth, allowing the record to be clear and public, protecting the public from distractions of those willing to obfuscate the truth and identity to derail the work of those serving the community."

A false information misdemeanor is usually given to an individual that gives false information to a police officer, or tries to mislead emergency personnel regarding an emergency situation. For example, giving a false name to a police officer when asked or calling 911 to report a crime or a fire and it is not true.

District Attorney Jenna Wallace indicated the crime of perjury is broader and occurs if an individual makes a false sworn statement or a false unsworn declaration in regard to a material issue, knowing it to be false. Perjury can be difficult to prove, as the evidence must show that the complainant not only provided false information but did so knowing that it was false. This can be difficult if the information is subject to perception, opinion, or interpretation. "Perjury can be hard to prove. You have to show not only that the information was false, but that the person knew the information was false and submitted it anyway when they made their complaint." Wallace added.

The process for a misdemeanor charge would involve a complaint to law enforcement, an investigation, and then it would be sent to the DA's office for a charging decision. This could add to the backlog that the DA's office is trying to work through with being short-staffed due to the hiring freeze that the county is currently experiencing.

Mayor Heide Lambert said she felt the new rules being considered violate citizens’ constitutional rights. There are also concerns that this would intimidate the public from providing legitimate complaints. It could potentially limit public participation and undermine transparency. Cutter felt differently, stating, "Those opposing these rules, claiming it removes citizens' rights, must ask what rights? to be dishonest? to hide their identity? Why should the requirements in a small coastal town be different than the ethics board for the state?" These items are up for discussion tomorrow, and if there is council consensus, they will be brought back for a motion for approval.